Terms and Conditions.

§ 1Scope and provider

(1) These Terms and Conditions (the "Terms") apply to all contracts for the use of the web-based software Thetavio at thetavio.com (the "Platform") between Thetavio, owner Leonard Küppers, Stromgasse 27, 52064 Aachen, Germany (hereinafter "we" or "Thetavio") and the users of the Platform (hereinafter "you").

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB, German Civil Code). A trader is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB).

(3) Deviating, conflicting or supplementary terms of users do not become part of the contract unless we expressly agree to their validity.

(4) The Risk Disclosure forms part of these Terms. How we process personal data is explained in the Privacy Policy.

§ 2Description of services

(1) Thetavio is software for documenting and analysing your own securities transactions, in particular options, shares, US Treasury bills (T-Bills) and dividends. The Platform essentially provides:

• recording and management of positions, multi-leg strategies and campaigns,
• import of account statements from the Interactive Brokers group ("IBKR") by file upload and by retrieval via the IBKR Flex Web Service using a token you provide,
• analyses such as realised and unrealised profit and loss, return, annualised return, break-even, fees, interest and dividends,
• calculators for potential returns and for target and stop prices,
• conversion of amounts into euros using the reference rates of the European Central Bank or the rates supplied by the broker,
• display of company names and logos for ticker symbols,
• export of your data.

(2) Thetavio does not execute securities transactions, does not hold money or securities in custody and has no access to the trading functions of your brokerage account. Retrieval via the Flex Web Service is read-only.

(3) Thetavio does not provide investment advice, investment brokerage, financial analysis, tax advice or legal advice and makes no recommendations to buy or sell financial instruments. Content and calculations serve information and documentation purposes. Details are set out in the Risk Disclosure.

(4) The scope of services depends on the selected plan:

• Free: free of charge, with the limits stated in the plan description, in particular regarding the number of trades, campaigns and profiles.
• Pro: paid subscription with extended limits, billed monthly or annually.

The plan description shown to you before the contract is concluded is authoritative. For Pro subscriptions, we additionally confirm the scope of services in the contract confirmation sent by email.

(5) Data from third-party sources, such as exchange rates, share prices, company names and logos, is provided without warranty as to accuracy, completeness or timeliness. Prices may be delayed.

(6) We continuously develop the Platform. There is no entitlement to specific future features. § 14 applies to changes to existing features.

§ 3Registration and account

(1) Use of the Platform requires a user account. Your details must be true and complete. You must be of legal age and have full legal capacity.

(2) Keep your login credentials secret and do not disclose them to third parties. If you suspect that third parties know your credentials, change your password and inform us without undue delay.

(3) There is no entitlement to the conclusion of a contract.

§ 4Conclusion of contract

(1) Free plan: Before registering, you take note of these Terms, the Risk Disclosure, the Withdrawal Policy and the Privacy Policy on the consent page, make the declarations listed there and confirm them with your name. By submitting the registration form via the "Create account" button, you make an offer to conclude a contract of use free of charge. The contract is concluded when your account is activated, which happens immediately.

(2) Pro plan: The ordering process comprises the following steps:

1. You select the billing interval (monthly or annual).
2. You take note of these Terms, the Risk Disclosure, the Withdrawal Policy and the Privacy Policy, make the declarations listed and confirm them with your name, unless you already did so when registering. If you are not yet registered, you then create your account and confirm your email address.
3. On the order page, you see an overview of the plan, scope of services, price, term, cancellation conditions and any trial period. By clicking the "Order with obligation to pay" button, you make a binding offer to conclude the subscription.
4. You are then forwarded to the payment form of our payment service provider Stripe and add a payment method there.

We accept your offer by activating your subscription as soon as the payment method has been added. This concludes the contract. We confirm the activation to you by email. If you cancel the process in the payment form, no contract is concluded.

(3) Until you click the "Order with obligation to pay" button, you can correct your entries or cancel the process at any time, for example using the back function of your browser or the cancel link on the order page.

(4) The contract languages are German and English.

(5) We store the contract text, consisting of your order data and these Terms in the version valid at the time the contract is concluded. After a Pro subscription is concluded, we send you the Terms, the Withdrawal Policy, the Risk Disclosure and the Privacy Policy as PDF files by email. The current version of these Terms is available at any time at thetavio.com/agb and can be saved or printed there.

§ 5Free trial

(1) When you take out a Pro subscription for the first time, we may offer a free trial, currently of 14 days. Whether a trial applies and how long it lasts is shown to you before the contract is concluded. Each person can use the trial only once.

(2) A payment method must be provided for the trial. No costs are incurred during the trial.

(3) If you do not cancel before the trial ends, the subscription continues as a paid subscription without any further action on your part. The first fee becomes due and is collected when the trial ends.

(4) You can cancel at any time during the trial. The subscription then ends when the trial ends, without any costs being incurred.

§ 6Prices and payment

(1) The prices shown to you before completing the order apply.

(2) As a small business within the meaning of § 19 UStG (German VAT Act), we do not charge VAT. The prices stated are final prices.

(3) Payments are processed by Stripe Payments Europe, Ltd., Dublin, Ireland ("Stripe"). The available payment methods are shown to you in the payment form.

(4) The fee is payable in advance for each billing period (month or year) and is collected at the start of that period using the selected payment method. You receive invoices by email and in the customer portal.

(5) If a payment fails, Stripe makes further collection attempts. If payment is finally not made, we may end the subscription. Your account is then switched to the Free plan and your data is retained.

(6) Coupon codes can be redeemed in the payment form. The conditions are set out in the respective offer.

(7) Price changes for existing subscriptions only take effect if you expressly agree to them. If you do not agree, either party may cancel the subscription with effect from the end of the current billing period.

§ 7Term and cancellation

(1) Free: The contract runs for an indefinite period. You can end it at any time by deleting your account in the settings or by sending us a message at [email protected]. We may terminate the contract with one month's notice.

(2) Pro monthly: The term is one month from the start of the first billing period. The contract is extended by a further month each time unless it is cancelled by the end of the current month.

(3) Pro annual: The initial term is one year from the start of the first billing period. If the contract is not cancelled by the end of the initial term, it is extended for an indefinite period. From then on, you can cancel at any time with one month's notice. We continue to bill annually in advance and refund fees already paid for the period after the end of the contract on a pro rata basis.

(4) A trial precedes the term; the first billing period begins when the trial ends.

(5) You can cancel via the customer portal in the settings under "Plan", via the cancellation button Cancel contracts here or in text form, for example by email to [email protected]. We confirm receipt by email, stating the date on which the contract ends.

(6) After cancellation, the Pro plan remains active until the end of the contract. Your account is then switched to the Free plan. Your data is retained until you delete your account. New entries are then subject to the limits of the Free plan.

(7) We may terminate Pro subscriptions with one month's notice with effect from the end of a billing period.

(8) The right of either party to terminate for good cause without notice remains unaffected. Good cause exists for us in particular in the event of a serious breach of § 8, or a breach of § 8 that continues despite a warning.

(9) Consumers have a statutory right of withdrawal for Pro subscriptions. Details are set out in the Withdrawal Policy.

§ 8User obligations

(1) You may only use the Platform in accordance with applicable law and these Terms. In particular, you may not:

• disclose login credentials to third parties or make an account available to several persons,
• read out content by automated means (scraping) or burden the Platform with automated requests,
• circumvent limits, security measures or access controls,
• decompile or reverse engineer the software unless permitted by law (§ 69e UrhG, German Copyright Act),
• introduce malware or upload unlawful content,
• upload data of third parties that you are not entitled to process.

(2) You are responsible for the accuracy of the data you enter and import. § 13(4) applies to values on which you base economic decisions.

(3) We store any IBKR Flex token you provide in encrypted form. You can delete it on the Platform and revoke it at IBKR at any time.

(4) In the event of breaches, we may block your access temporarily or permanently. In doing so, we take your legitimate interests into account, in particular whether the breach was culpable.

§ 9Rights of use and your data

(1) For the term of the contract, you receive the simple, non-transferable right to use the Platform in your browser for your own purposes.

(2) Your data remains your data. You grant us only the rights required to provide our services, in particular to store, process, display and back up your data.

(3) You can retrieve your data at any time using the export function.

§ 10Availability

(1) We strive for high availability of the Platform. Uninterrupted availability is not technically possible and is not promised. Where possible, we carry out maintenance at times of low usage.

(2) Third-party interfaces and data, such as the IBKR Flex Web Service or price sources, are outside our control and may fail, change or be restricted.

(3) Your statutory rights in the event of defects remain unaffected.

§ 11Data backup

We back up the database regularly. Irrespective of this, we recommend that you export your data regularly. Keep the statements, account statements and tax certificates from your broker yourself. The Platform does not replace these documents.

§ 12Warranty

(1) The statutory rights in respect of defects apply to consumers, for digital products in particular §§ 327 et seq. BGB.

(2) Traders must notify us of defects in text form without undue delay after discovering them.

§ 13Liability

(1) We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee we have given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

(3) Otherwise, our liability for slight negligence is excluded.

(4) Thetavio does not owe investment, tax or legal advice or any economic success. Calculations, key figures and analyses are prepared to the best of our knowledge. They are tools for documentation and orientation and replace neither the statements and tax certificates of your broker nor expert advice. You must verify values on which you base investment, tax or other economic decisions against these original documents. You make decisions on purchases, sales and other dispositions on your own responsibility. If you fail to carry out this verification, this must be taken into account as contributory negligence in any claim for damages (§ 254 BGB).

(5) The above limitations also apply in favour of our legal representatives and vicarious agents.

§ 14Changes to the services

(1) We may change the Platform if there is a valid reason for doing so, in particular to adapt it to a new technical environment or to changed interfaces of brokers or data sources, for security reasons, due to legal requirements or to develop the Platform further. You will not incur any additional costs as a result. We inform you clearly and comprehensibly about the change.

(2) If a change impairs your access to the Platform or its usability more than insignificantly, we inform you in good time in advance on a durable medium, for example by email. You may then terminate the contract free of charge within 30 days of receiving the information or, if later, of the change (§ 327r BGB).

§ 15Changes to these Terms

We may amend these Terms if this is necessary due to changes in legislation or case law, new features or for security reasons. Amended Terms only take effect if you agree to them. We ask for your consent on the Platform. If you do not agree, the previous Terms continue to apply. We may then terminate the contract with notice in accordance with § 7.

§ 16Data protection

We process personal data in accordance with the statutory requirements. Details are set out in the Privacy Policy.

§ 17Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the state of their habitual residence.

(2) If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Aachen.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) If individual provisions of these Terms are invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions.