Terms and conditions

§ 1 Provider and scope

These terms apply to all contracts between Muhammed Ali Bilekkaya, Holunderweg 3, 74199 Untergruppenbach, Germany ("IndikatorLab") and his customers regarding the indicators Aureus, Velox, Tempus and Calor, as well as custom developed indicators.

A consumer is anyone who enters the contract for purposes that are predominantly outside their trade, business or profession. A business customer is anyone acting in the course of such an activity. Deviating terms of the customer apply only if IndikatorLab expressly agrees to them in writing.

§ 2 Subject of the service

IndikatorLab develops and sells technical analysis tools for the TradingView, MetaTrader 5 and cTrader platforms. The indicators visualise certain market structures and possible trading zones on the chart, based on fixed, programmed rules.

IndikatorLab does not provide investment advice, investment brokerage, financial portfolio management or tax advice. No customer funds are accepted, no accounts or portfolios are managed and no orders are executed. The customer alone decides on every trade and on the capital used.

§ 3 Ways to purchase

(1) The versions for TradingView, MetaTrader 5 and for cTrader are sold on this website, each as a one time purchase. §§ 4 to 8 apply.

(2) § 9 applies to custom developed indicators.

§ 4 Formation of contract when buying for TradingView, MetaTrader 5 or cTrader

(1) The presentation of products on this website is not a binding offer but an invitation to order.

(2) The customer places the desired indicators in the cart, enters their TradingView username, their MetaTrader 5 account number or their cTrader ID (cTID) depending on the platform, and is forwarded to the checkout of the Shopify shop system. There the customer reviews the details, can correct input errors, and submits a binding offer by clicking the order button.

(3) The contract is formed once IndikatorLab confirms the order by email or provides the indicator. IndikatorLab sends the customer the contract confirmation, including these terms and the withdrawal notice, in a storable form.

§ 5 Prices and payment

The prices stated at the time of ordering apply. All prices are final prices. IndikatorLab is a small business under § 19 of the German VAT Act (UStG), so no VAT is shown.

Payment is made through the Shopify checkout using the payment methods offered there, for example Apple Pay, Google Pay, credit card or PayPal. The amount is due on ordering.

§ 6 Delivery for TradingView, MetaTrader 5 and cTrader

(1) For a MetaTrader 5 purchase, the indicator is provided for the MetaTrader 5 account number stated by the customer and only runs on that account. For a cTrader purchase, the indicator is bound to the cTrader ID stated by the customer; this identifier works with any cTrader broker. The customer receives the indicator file by email. Delivery takes place after payment is received, usually within a few days.

(2) For a TradingView purchase, the indicator is bound to the TradingView username stated by the customer. IndikatorLab grants access personally in the relevant script after payment is received, usually within 24 hours. The customer does not receive a file for this; the unlocked indicator appears directly in their TradingView account under their indicators.

(3) The indicator runs in MetaTrader 5 or cTrader respectively for Windows and macOS, the mobile apps of these platforms do not support custom indicators. On TradingView the indicator runs in the browser, on desktop and in the TradingView app.

(4) MetaTrader 5 is a platform of MetaQuotes Ltd., cTrader is a platform of Spotware Systems Ltd. and TradingView is a platform of TradingView, Inc. The customer needs their own trading account with a broker of their choice, or their own TradingView account. IndikatorLab has no influence on, and does not owe, the availability, feature set or continued existence of these platforms.

(5) If the customer changes their MetaTrader 5 account, their cTrader ID or their TradingView username, they can contact IndikatorLab. A transfer to another account is handled by arrangement.

(6) A free setup call is a voluntary additional service. There is no entitlement to it. IndikatorLab may reschedule an agreed appointment and will then arrange a new time with the customer.

§ 7 Rights of use

(1) The customer receives a simple, non transferable right to use the respective indicator themselves. This right is unlimited in time.

(2) In particular, it is not permitted to pass on, publish, rent out or resell the indicator, its file or its source code, to circumvent the account or username binding, to reverse engineer the file, to share access credentials, or to make it accessible to third parties. It remains permitted to show the indicator as part of the customer's own content, for example in videos or presentations, as long as neither the file, the source code, nor any access is shared.

§ 8 Duration, updates and continuity

(1) A purchase for TradingView, MetaTrader 5 or cTrader is not a subscription. After the one time payment, no further costs apply.

(2) Updates and improvements to the purchased indicator are included at no extra cost for as long as IndikatorLab offers that product. There is no entitlement to specific new features.

(3) Should IndikatorLab cease operations, every customer who has purchased a version for TradingView, MetaTrader 5 or cTrader will receive, on request, the source code of the indicator they purchased, for their own continued use. The restrictions on passing on and reselling under § 7 (2) continue to apply to that source code.

§ 9 Custom developed indicators

The customer describes the desired strategy and features. IndikatorLab implements it and presents the result. The customer may request changes until the result matches their expectations. A payment obligation only arises once the customer approves the result. If the customer does not approve the result, no paid contract is formed and no costs arise for the customer.

Payment is made after approval by bank transfer or via PayPal, unless otherwise agreed in the offer.

On full payment, IndikatorLab transfers to the customer the exclusive, transferable rights of use to the indicator developed for them, including the source code. The customer may use, modify, pass on and resell this indicator themselves.

IndikatorLab remains entitled to continue using, including in other projects, general programming techniques, building blocks, libraries and basic functions that do not represent the customer's individual strategy.

Scope, price, the number of revision rounds and how later extensions are handled are set out in the respective offer. Fixing defects in the delivered indicator is free of charge.

§ 10 Customer cooperation

The customer provides the information required to deliver the service, in particular a valid email address and, depending on the platform, the correct MetaTrader 5 account number or cTrader ID, and keeps it up to date. IndikatorLab is not responsible for delays caused by missing or incorrect information.

§ 11 Right of withdrawal

Consumers have a statutory right of withdrawal. Details, conditions and exceptions are set out in the withdrawal notice, which forms part of these terms.

§ 12 Defects

The statutory provisions apply, for digital products in particular §§ 327 et seq. of the German Civil Code (BGB). If an indicator does not match the agreed quality, the customer is entitled to cure and, under the statutory conditions, to a price reduction or termination.

It is not a defect if an impairment results from a third party platform such as TradingView or MetaQuotes changing or discontinuing its platform, data feed or programming interfaces, or from the customer using the indicator outside the agreed conditions of use. In such cases IndikatorLab will make reasonable efforts to adapt.

Expressly not a defect is the absence of a particular trading result. A specific hit rate, return or profit amount is neither owed nor promised.

§ 13 Liability

IndikatorLab is liable without limit for intent and gross negligence, for injury to life, body or health, for fraudulently concealing a defect, to the extent of any guarantee given, and under the Product Liability Act.

For simple negligence, IndikatorLab is only liable for breach of material contractual duties, meaning duties whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case, liability is limited to the damage typical for the contract and foreseeable at the time of conclusion.

Liability is otherwise excluded. Mandatory statutory liability provisions remain unaffected.

For clarity: IndikatorLab gives no guarantee of any particular trading result, profit, or price development. Trading decisions are made by the customer on their own responsibility. No liability arises under the above paragraphs for losses resulting from such decisions.

§ 14 Trading risk

Trading foreign exchange, metals and leveraged financial instruments carries significant risk and can result in the total loss of the capital employed. Past results, including from historical tests, do not reliably indicate future results. The customer should only use capital whose loss they can bear.

§ 15 No broker introduction

IndikatorLab does not broker trading accounts, does not run a referral or partner structure with brokers, and receives no commissions from brokers. The choice of broker is entirely the customer's own.

§ 16 Data protection

Information on the processing of personal data can be found in the privacy policy.

§ 17 Changes to these terms

For a contract already concluded, the version transmitted at the time of conclusion applies. Changes to these terms do not apply retroactively to existing contracts.

§ 18 Final provisions

The law of the Federal Republic of Germany applies. For consumers, this choice of law only applies to the extent it does not deprive them of protection granted by mandatory provisions of the law of the country in which they habitually reside.

If the customer is a business, a legal entity under public law, or a public law special fund, the place of jurisdiction is the registered seat of IndikatorLab. The statutory place of jurisdiction for consumers remains unaffected.

Should a provision be invalid, the validity of the remaining provisions remains unaffected.