Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “User”) and Tapnet Solutions (Pty) Ltd (registration number 2023/135522/07), a private company incorporated in the Republic of South Africa (“Tapnet Solutions”, “we”, “us”, “our”). They govern your access to and use of the TradeJournal web application at tradejournal.co.za and any related services (together, the “Services”).

By creating an account, accessing the application, or clicking “I agree”, you confirm that you have read, understood and accepted these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

• Services - the TradeJournal web application and any related features, content, documentation and support provided by Tapnet Solutions.
• Platform - the software, infrastructure, databases, designs and user interfaces that make up the Services.
• Client Data - all data that you create, upload or enter into the Services, including your trade journal entries, trading-account metadata, psychological notes and any screenshots or files you attach.
• Content - any text, images, analytics output, help articles or other material we make available through the Services.
• Account - your personal registered user account on the Platform.
• Subscription - your paid or free subscription tier (Free, Basic or Pro) as described on our pricing page.

You must be at least 18 years old to use the Services. We confirm your age at signup. By using the Services you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding contract. The Services are not directed at children as defined in POPIA section 1.

TradeJournal is a software-as-a-service journaling and analytics platform. It is a notebook with charts. It is not:

• a broker, trading platform, market-maker or exchange;
• a financial adviser, intermediary, portfolio manager or signal provider;
• a source of investment advice, market commentary or trading recommendations;
• a money-handling or payment service; or
• an endorsement of any broker, product, strategy or counterparty.

The Services depend on third-party infrastructure (Supabase for database and authentication, Vercel for hosting). See our Operator Agreements page.

We offer three subscription tiers. Current pricing is set out on our Pricing page and summarised below. All amounts are in South African Rand (ZAR).

• Prices are shown exclusive of Value-Added Tax (VAT). Once Tapnet Solutions is registered as a VAT vendor with SARS, VAT at the prevailing rate (15% at the date of this version) will be added and all prices displayed to consumers will be shown VAT-inclusive.
• Monthly plans renew automatically every month until you cancel. You can cancel at any time. Cancellation takes effect at the end of your current billing period and no penalty or early-termination fee is payable. You will retain access until the end of the period you already paid for.
• Annual plans are single-term purchases and do not auto-renew. When the 12-month term ends, your subscription reverts to the Free tier unless you actively choose to re-subscribe. This is the safest approach under section 14 of the Consumer Protection Act 68 of 2008.
• When a payment processor is integrated, any payment details you provide will be handled by that processor and not stored on our own servers.
• Refunds: as the Services are digital and delivered immediately, you acknowledge and agree under section 44(4) of the Electronic Communications and Transactions Act 25 of 2002 that the service begins on payment and you waive the seven-day cooling-off right for the current billing cycle. Despite this, if we materially fail to deliver the Service, you may contact us for a pro-rata refund and we will assess it in good faith.

You agree to:

• provide accurate, current and complete information at signup and keep it up to date;
• keep your login credentials confidential and promptly notify us of any suspected unauthorised use;
• use the Services only for lawful purposes and only for your own personal trade journal;
• not attempt to access any account, data or system that does not belong to you;
• not reverse-engineer, decompile, probe, scrape, overload, disrupt or bypass security controls of the Platform;
• not upload malware, attempt injection attacks, or interfere with other users;
• not use the Services to violate any South African or foreign law; and
• not resell, sublicense or redistribute any part of the Services.

We own the Platform. All rights, title and interest in and to the Services, including the software, source code, trademarks, logos, designs, user interfaces, analytics algorithms, documentation and all Content we provide, are and remain the exclusive property of Tapnet Solutions and our licensors. You may not copy, modify, distribute or create derivative works of any part of the Platform except as expressly allowed by these Terms.

You own your Client Data. You retain all rights to the trade data, notes, screenshots and other content you create inside TradeJournal. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, process and display your Client Data solely for the purpose of providing the Services to you. We do not use your Client Data to train AI models, sell it, or use it for any purpose beyond operating the Services for your benefit.

Your use of the Services is also governed by our Privacy Policy, which forms an integral part of these Terms. Please read it carefully. Psychological and mindset data is classified as special personal information under the Protection of Personal Information Act 4 of 2013 and is processed only with your separate, explicit consent.

• The Services are provided “as is” and “as available”. To the fullest extent permitted by law, and subject to the exceptions below, we disclaim all warranties (express, implied or statutory), including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Our maximum aggregate liability to you arising out of or in connection with the Services in any 12-month period is limited to the total subscription fees you paid to us in the preceding 12 months, or ZAR 1 000 if you are on the Free tier.
• We will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, opportunity, goodwill or anticipated savings.

Nothing in these Terms excludes or limits our liability for:

• gross negligence, fraud or wilful misconduct;
• death or personal injury caused by our negligence;
• any liability that cannot be excluded or limited under South African law, including under section 51 of the Consumer Protection Act 68 of 2008.

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Tapnet Solutions, its directors, officers, employees and agents against all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:

• your use or misuse of the Services;
• your breach of these Terms or any applicable law;
• the content, accuracy or legality of the data you enter or upload into the Services;
• any trading loss or financial decision you make; or
• any claim by a third party arising from your conduct or Client Data.

We use commercially reasonable efforts to keep the Services available but we do not guarantee uninterrupted or error-free operation. We may suspend the Services for maintenance, security or upgrades. We will not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including infrastructure provider outages, denial-of-service attacks, power or network failures, acts of state, industrial action, natural disasters, pandemics or war.

• You may terminate your account at any time from Settings → Account → Delete Account, or by emailing privacy@tradejournal.co.za.
• We may suspend or terminate your account on 30 days’ notice for any reason, or immediately for a material breach of these Terms, a security risk, suspected fraud, or to comply with a legal requirement.
• For 30 days after termination you can request an export of your Client Data by emailing us. After that, your data will be permanently deleted in accordance with our Data Retention Policy.
• Fees already paid are non-refundable except as required by law or as expressly stated in these Terms.

1. Good-faith negotiation - we each agree to try to resolve any dispute by good-faith discussion for at least 30 days before escalating.
2. Mediation - if the dispute is not resolved, the parties will refer it to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA).
3. Arbitration - if mediation does not resolve the dispute, it will be finally resolved by arbitration in Pretoria, in English, by a single arbitrator appointed under the Arbitration Act 42 of 1965, under the AFSA commercial arbitration rules.
4. Nothing in this clause prevents either party from seeking urgent interim relief from a competent court.

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the Gauteng Division of the High Court of South Africa (Pretoria), without prejudice to your rights under the Consumer Protection Act 68 of 2008.

If any provision of these Terms is held to be invalid, unlawful or unenforceable by a competent court, that provision will be severed and the remaining provisions will continue in full force and effect.

These Terms, the Privacy Policy and any document expressly incorporated by reference constitute the entire agreement between you and Tapnet Solutions regarding the Services and supersede any prior agreement on the same subject.

We may change these Terms from time to time. Material changes will be communicated to you by email and by a prominent in-app notice, and you will be asked to re-accept the updated Terms the next time you sign in. Continued use of the Services after a material change means you accept the updated Terms. The version number at the top of this page indicates the current version.

• Tapnet Solutions (Pty) Ltd - Registration No. 2023/135522/07
• Director & Information Officer: Wynand de Beer
• 594 Bombani Street, Elarduspark, Gauteng, 0181, South Africa
• Email: privacy@tradejournal.co.za | wynand@tapnet.co.za
• Phone: +27 79 174 8357