These Terms of Service (Terms) apply to the use of the online service "ChartBuilder" (the "Service"), provided by Tommy Hummel-Nguyen, ChartBuilder, Lindenring 21B, 16761 Hennigsdorf, Deutschland (the "Provider", "we"). Contact: chartbuilderstudio@gmail.com, phone 015561379435. Conflicting terms of the user are hereby objected to.
ChartBuilder is a studio for creating animated candlestick charts. Users build charts on a grid, annotate them, and export them as video (MP4/GIF) or as still images. Editing takes place locally in the user's browser; project data is stored in the user's local browser storage (IndexedDB) and not on our servers. The Service is provided "as is"; we develop it continuously and may change, add, or discontinue individual features.
Registering an account does not create any payment obligation. For customers in the European Union, all prices stated are total prices including statutory VAT (§ 3 PAngV) — the amount shown is the amount charged. Outside the European Union, any applicable sales tax or GST is added at checkout and shown there before payment. In both cases the tax is owed and remitted by Polar as the seller (see below), not by us. The paid purchase of a subscription ("Creator" for 27€/month or 247€/year) is processed by our payment service provider Polar (Polar Software Inc.). Polar acts as Merchant of Record: the purchase contract for the subscription is concluded between the user and Polar. Polar is responsible for payment processing, invoicing, the statement and remittance of VAT, and the order process including the "order with obligation to pay" button and the statutory cancellation button. The terms of Polar apply additionally in this respect.
Users must be at least 18 years of age or have the consent of their legal guardian. By registering, the user represents that this is the case.
A team plan ("Studio") is announced on our pricing page but cannot yet be booked; no contract about it comes into existence at present.
Registration is free of charge and permanent. A free account may use the full editor and export without any time limit; a credit card is not required and no payment obligation ever arises on its own. A free account is subject to the following limits:
If a paid subscription is cancelled or lapses, the account reverts to the free plan. Access to the editor and to projects already created is not withdrawn in that case; only the paid features listed in section 7 cease to be available.
Subscriptions are billed monthly or yearly and renew automatically for the respective chosen term unless cancelled. The user can cancel at any time with effect from the end of the current billing period — via the Polar customer portal (linked in the account under "Manage billing") or by email to chartbuilderstudio@gmail.com. After cancellation, access remains until the end of the already-paid period.
We may propose an adjustment to the subscription price with effect for future billing periods. We will notify the user at least six weeks before the intended effective date. The user may terminate the subscription with effect from the date the new price would take effect; we will point this out in the notification. Prices already paid for a running billing period are unaffected.
If a payment fails, the payment service provider may retry it. If it remains unsuccessful, the account reverts to the free plan (section 4). Access to the editor and to projects is not withdrawn in that case.
The content created and exported by the user (videos and images) belongs to the user; they may use it without restriction, including commercially. Exports from accounts without an active paid subscription carry a "made with ChartBuilder" watermark; from an active paid subscription onward, the watermark is removed. The user is solely responsible for the legality of the content they create.
The free plan (section 4) covers the whole editor. Only the following require an active paid subscription. This list is exhaustive: any feature not named here is included at every access level, including the free plan.
Where a paid feature is unavailable, the Service says so at the point of use rather than failing silently. A project is not altered by this: a selected sound remains stored with the element and becomes audible again once a subscription is active, without any rework.
The Service offers two optional features that use a third-party AI provider. Both run only when the user actively triggers them:
For these features, the text or the audio recording in question is transmitted to the AI provider. It is processed there for the purpose of generating the result and is not stored by us; details are set out in our Privacy Policy. Both features have technical limits (in particular on text length and recording size), and they are unavailable if no AI provider is configured. The rest of the Service works without them.
Generated output may be inaccurate or unsuitable — in particular transcriptions of unclear or noisy recordings. The user is responsible for reviewing it before publication. The user may use the generated output as part of their exports, including commercially, subject to the terms of the AI provider. The user warrants that they hold the necessary rights to any audio they record and upload, in particular where it contains the voice of another person.
The user can add their own audio files — music and sound effects — to the Service. These files are not transmitted to us: like project data (section 2), they are stored in the user's local browser storage and the export is rendered on the user's own device. We therefore neither store, host nor distribute this content, and we have no access to it. The exception is the two AI-assisted features in section 8, which the user triggers deliberately and which are described there.
The user warrants that they hold the rights required for the files they add and for the use they make of them, and indemnifies us in accordance with section 12. Note that widespread licences for "free" music often permit use in one's own videos while requiring attribution or prohibiting other uses; assessing this is the user's responsibility.
Since these files reside solely with the user, they are lost if the browser storage is cleared, and they are not available on another device or in another browser. Users should keep their own copy of the originals.
If the user sends us suggestions, feature requests or other feedback, we may use them without restriction and free of charge for the development of the Service, without this giving rise to any claim to remuneration or attribution. The user grants us a non-exclusive, transferable, unlimited right of use for that purpose. This does not affect the user's own rights in the feedback.
The user keeps their access credentials confidential and does not use the Service unlawfully or in a way that impairs its availability (e.g. automated overload, circumvention of technical protection measures). An account is personal; the number of seats depends on the chosen plan. Sharing one set of credentials among several people beyond the seats included in the plan is not permitted. The user notifies us without undue delay if they become aware of unauthorised use of their account.
The user further agrees not to:
We develop the Service continuously. Individual features may change or be removed again; we announce material changes in advance where reasonable. Because project data resides in the user's own browser storage (section 2) and not on our servers, we can neither restore nor recover it — clearing browser data, using a different device or a different browser means the projects are not there. Users should export important projects to a file.
We strive for high availability but do not owe uninterrupted accessibility; maintenance, disruptions, and circumstances beyond our control may cause outages. Since project data is stored locally by the user, data backup is the user's responsibility. We are liable without limitation for intent and gross negligence, as well as under the Product Liability Act and for injury to life, body, or health. For ordinary negligence, we are liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract. Otherwise liability is excluded.
The Service is a visualization tool. It does not constitute investment advice, investment brokerage, or a recommendation to buy or sell any financial instrument. Chart data created or generated in the Service is illustrative and does not represent real market data unless the user imports such data themselves. The user is responsible for the statements they make in content they publish.
The user shall indemnify us against any third-party claims asserted against us as a result of the user's breach of these Terms or of applicable law, including the reasonable costs of legal defence. This does not apply where the user is not responsible for the breach.
We treat information that becomes known to us in the course of providing the Service as confidential, and impose the same obligation on anyone we give access to it. This obligation continues after the contract ends. We comply with the applicable data protection law, in particular the GDPR and the BDSG; details of the processing are set out in our Privacy Policy. Please note that project data is stored on the user's own device and is not accessible to us (section 2).
The user may delete their account at any time from within the Service. Deletion removes the account data stored with us; projects held in the user's own browser are unaffected and remain with the user. We may terminate the contractual relationship for cause without notice if the user seriously breaches these Terms, in particular section 10, and for convenience with 30 days' notice to the end of a billing period. Payments already made for a period not yet used will be refunded pro rata via Polar in that case.
We may propose changes to these Terms with effect for the future, insofar as this is necessary to adapt to a changed legal situation, a changed feature set, or changed technical conditions, and insofar as the change does not upset the balance of the contract to the user's disadvantage. We will notify the user of the proposed change by email or within the Service at least six weeks before it is intended to take effect. The change requires the user's agreement. If the user does not agree, they may terminate the contract without notice up to the date the change is intended to take effect; the previous Terms continue to apply until termination takes effect. We will point out this right in the notification.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the user's country of residence remain unaffected. Terms of the user that deviate from these Terms are not recognised unless we have expressly agreed to them.
Where the user is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the seat of the Provider is the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected. This does not apply to consumers.
Neither party is liable for a delay or failure to perform caused by circumstances beyond its reasonable control (in particular natural events, war, government measures, or the failure of network operators or third-party providers), for the duration of that event.
The user may transfer this contract only with our consent in text form. We may transfer the contract to a third party, for instance in the course of a transfer of the business; in that case the user may terminate the contract without notice within one month of being notified.
Should any provision be invalid, the validity of the remaining provisions remains unaffected. Information on the right of withdrawal can be found under Refunds.
Note: these Terms govern the use of the Service; the payment and consumer information in the purchase process is provided by Polar as Merchant of Record.