Terms & Conditions

Section 1 Scope and contracting parties

(1) These General Terms and Conditions (T&Cs) apply to all contracts between Auras & Bielawski GbR, Eduard-Bäumer-Str. 4, 56288 Kastellaun, Germany (hereinafter "TMB Invest" or "we") and its customers regarding the use of the website tmb-invest.de and the services offered there.

(2) These terms apply to consumers (Section 13 BGB) as well as to businesses (Section 14 BGB), unless expressly marked otherwise.

(3) Deviating or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to their validity in writing.

Section 2 Range of services

TMB Invest offers the following services:

• Library: sale and provision of digital software for the MetaTrader 5 and TradingView platforms, in particular Expert Advisors (EAs), indicators and plugins, as well as associated documentation materials;
• DAX analysis, index analyses and stock screener: free analysis tools that process price, fundamental and news data for the companies in the DAX 40, Dow Jones 30, Nasdaq 100 and S&P 500 and use it to generate an AI-supported, general market assessment ("TMB Analyse") (see § 7);
• Noélee AI agent: AI-powered code assistant for generating TradingView PineScript® and MQL5 code. The "PineScript® Indicators" area can be used free of charge within a one-off credit budget; further areas are unlocked via paid bundles (see Section 8);
• stelaraX AI chart analysis: a free AI-supported chart analysis service. Live market data is sourced from Twelve Data and setup suggestions are then validated by OpenAI (ChatGPT). The result is an automatically generated setup suggestion with entry, take-profit, and stop-loss values; stelaraX does not provide a recommendation for position size (see § 9);
• instaTrader: Windows software serving as a user interface for the MetaTrader platform operated by the customer, available as a monthly or annual subscription, lifetime license, Friends subscription or multi-license, with a free trial period (see § 9b); licenses are also issued via resellers and the License Portal (see § 9c);
• TMB CopyFlow: Windows software for copying trade orders between your own MetaTrader 5 accounts (see § 9a);
• PineRelay Connector: connects TradingView alerts with MetaTrader 5; orders are placed on request via the contact form, and the contract is concluded individually;
• Partner program and Reseller Center: referral and resale of our products by partners and resellers (see §§ 9c and 15);
• Links to external services (e.g. broker offers).

We are not a financial services provider licensed under the German Banking Act (KWG) or the German Securities Trading Act (WpHG) and provide no financial services requiring authorisation, in particular no investment advice, investment brokerage, asset management or portfolio management.

Section 3 Conclusion of contract

(1) The presentation of products in the Library does not constitute a binding offer but a non-binding invitation to order.

(2) You submit your binding offer by completing the order process, reviewing the order summary, accepting these terms and conditions and the privacy policy, and clicking the button "Place order with obligation to pay" (or an equivalent wording). For free services, such as the instaTrader trial period, the button is labelled accordingly (e.g. "Try free for 7 days now"); no fee is payable in this case.

(3) The contract is concluded upon receipt of our order confirmation by email, but at the latest upon provision of the licence key and/or the download file.

(4) The contract text is stored by us. Order data and the terms and conditions are sent to you by email; you can also view your orders at any time in your customer account.

(5) The contract language is German.

Section 4 Prices and payment terms

(1) All prices stated are final prices in euros and include the applicable statutory VAT. No shipping or delivery costs apply to digital products.

(2) Payment is processed through the payment service provider Mollie B.V. We accept the payment methods offered there (e.g., credit card, SEPA direct debit, PayPal, Apple Pay, Google Pay). Availability may vary depending on the device and order.

(3) Payment is due upon conclusion of the contract and is collected immediately via Mollie.

(4) You receive an invoice with VAT shown electronically in your customer account and by email.

Section 5 Provision of digital content

(1) After successful payment, provision usually takes place immediately:

• Generation of a personal licence key in the format XXXXX-XXXXX-XXXXX-XXXXX;
• sending the licence key and order confirmation by email;
• Provision of the download file and any additional downloads (e.g. PDF guides) in the customer account.

(2) The customer is obliged to provide a correct and working email address. The customer is liable for problems caused by an incorrect address.

(3) Free products can be downloaded directly without a customer account.

Section 6 Licence terms for software products

(1) With the purchase the customer acquires a simple, non-exclusive, non-transferable right to use the respective software for the number of accounts/installations stated in the product description, but at least for one (1) MetaTrader 5 account or one (1) TradingView installation.

(2) The following in particular are prohibited:

• reproduction and distribution to third parties;
• resale, rental, sublicensing;
• reverse engineering, decompilation or modification, unless expressly permitted by law (Sections 69d, 69e UrhG);
• circumventing the licence binding, in particular by manipulating the account ID binding;
• publishing the licence key.

(3) In the event of proven violations we are entitled to block the licence without notice. Amounts already paid are not refunded in this case. Claims for damages remain reserved.

(4) Updates and support: We provide updates including security updates as far as they are necessary to maintain contractual compliance (§ 327f BGB). For one-time provision, this applies for the period that the customer can expect based on the nature and purpose of the product as well as the circumstances of the contract, but at least for 12 months from provision; for ongoing provision (subscription) throughout the entire provision period. Functional extensions are not considered defect rectifications and may incur charges.

Section 7 DAX Analysis, index analyses and TMB Analysis

(1) Description of service: The DAX Analysis at /tools/dax-analyse/ and the index analyses for Dow Jones 30, Nasdaq 100 and S&P 500 (/tools/dow-jones-analyse/, /tools/nasdaq-analyse/, /tools/sp500-analyse/) present price data, index contributions, market breadth, volume figures and fundamental data of the respective index companies. The "TMB Analysis" summarises this data and current agency reports with the help of a generative AI model (OpenAI or Anthropic) into a general market assessment with scenarios and probability figures. The following paragraphs apply equally to all index analyses.

(2) No investment advice: The TMB Analysis is an automatically generated, general market assessment. It is aimed at the general public, does not take into account personal circumstances, investment objectives or risk-bearing capacity, and does not constitute investment advice, investment brokerage or an individual trading recommendation; it is not a solicitation to buy or sell financial instruments. The time, methodology, sources and conflicts of interest are stated directly with each assessment.

(3) Nature of the AI service: Direction, probabilities and target zones are estimates of a language model based on the data mentioned, not measurements and not a forecast with a guaranteed hit rate. They may be incorrect, incomplete or outdated. Price data is delayed (approx. 15 minutes).

(4) Own responsibility: Every trading decision is made solely by the user and at their own risk. TMB Invest accepts no liability for financial losses arising from the use of the DAX Analysis or the TMB Analysis, unless there is intent or gross negligence (Section 12).

(5) Free, without availability guarantee: The DAX Analysis is free of charge. We may change the scope, data sources, AI providers and update intervals at any time or discontinue the service. We are not responsible for restrictions caused by third parties (data suppliers, AI APIs).

(6) Past assessments: The "Past assessments" area with an evaluation of previous assessments is only visible to logged-in users who have been unlocked by TMB Invest. There is no entitlement to unlocking. Previous results are no indicator of future developments.

(7) Usage restrictions: Automated bulk queries, redistributing the TMB Analysis as your own recommendation and commercial passing on to third parties without our written consent are prohibited.

Section 8 Noélee AI agent (free tier and premium bundles)

(1) Description of service: Noélee is an AI-supported code generation aid for trading software. Based on user input it produces source code suggestions for TradingView PineScript® or MQL5 scripts. It is operated via the page /noelee/. Technically, generation is provided via the API of a third-party provider (OpenAI Ireland Ltd. / OpenAI, L.L.C., USA); see the Privacy Policy for details.

(2) Free tier: The "PineScript® Indicators" area can be used free of charge within a credit budget granted once (10 credits for anonymous users, 25 credits for logged-in users). Each generated AI answer consumes one credit. The budget is persistent and does not regenerate automatically. The credit amounts serve to protect against abuse and are not legally enforceable.

(3) Premium bundles: Further areas (e.g. "PineScript® Strategies", "MetaTrader 5 EAs (MQL5)", "MetaTrader 5 Indicators (MQL5)") are unlocked via paid bundles. Each bundle comprises:

• the unlocking of the respective area for the buyer's account (unlimited in time, non-transferable);
• a balance of credits that is reduced by five (5) credits after each answer generated by the AI.

The current bundle prices and credit amounts are shown transparently before purchase. Premium bundles are only available to logged-in TMB users.

(3a) Credit refills (top-ups): In addition to the bundles, logged-in users can purchase pure credit top-ups ("refills") without unlocking an area again. Refills contain credits only and are offered in tiered package sizes with volume discounts. The current package sizes and prices are displayed transparently before purchase. Credits acquired from refills are added to the user's existing credit balance and apply indefinitely to all premium areas unlocked by the user.

(4) Conclusion of contract: A bundle or refill is ordered via the ordering process at /noelee/. Section 3 of these terms applies accordingly. Payment is processed via the payment service provider Mollie B.V. (Section 4(2)).

(5) Provision: Upon receipt of the payment confirmation, the unlocking of the selected area (for bundles) and the credit balance (for bundles and refills) are credited to your account automatically and without delay. A separate email confirmation is sent.

(6) Credits do not expire: Purchased credits remain valid as long as the user account exists. Paying out the credit balance in money is excluded. Transfer to other user accounts is not possible.

(7) Nature of the AI service – important: Noélee is a generative AI system. The code suggestions it produces may be faulty, incomplete, inefficient or insecure. The user is obliged to independently review, test and, where necessary, adapt every generated piece of code before using it in production. Using faulty code on real trading accounts can cause substantial financial losses; we accept no liability for this (see also Section 12).

(8) Usage restrictions: The user undertakes not to use Noélee for abusive or unlawful purposes, in particular not for:

• generating malicious code, malware, crypto miners or other harmful programs;
• attempts to bypass or manipulate the AI system ("prompt injection") or to disclose system instructions;
• automated mass requests via bots, scrapers or similar tools;
• entering sensitive personal data of third parties without their consent;
• entering login data, API keys, passwords or financial identifiers.

In case of violations, we are entitled to suspend the user account and discontinue the service. Legal claims of the customer remain unaffected.

(9) Availability and Model Changes: We reserve the right to switch the AI model used at any time to a newer or different version to ensure quality and availability. Maintenance-related outages and limitations from the OpenAI API service (third-party) are beyond our control (see § 14).

(10) Withdrawal: Premium bundles and credit refills are digital content within the meaning of Section 356(5) BGB. Once performance begins – i.e. the unlocking and/or credit top-up immediately after receipt of payment – the right of withdrawal expires. This requires your prior express consent in the ordering process, by which you acknowledge that you lose your right of withdrawal through immediate provision. Without this consent we do not begin performance before the 14-day withdrawal period has expired (see Section 10).

(11) Trading Academy (Learning Mode and PDF Export): The "Trading Academy" section in Noélee is a learning mode with structured modules (Basics, Technical Analysis, Risk and Money Management, Trading Psychology, and other topics). Using the Academy chat is free in the Free Tier within the credit budget. Progress, completed lessons, and assigned chat threads are permanently saved so you can seamlessly continue your learning path; details are governed by the privacy policy (Section 10.4).

(11a) For generating personalised PDF summaries of completed modules we offer a separate, paid Academy PDF bundle (the current price and credit volume are shown transparently before purchase; at the launch of this section: €19.90 for 50 PDF credits, one PDF = one credit). The purchased PDF credits apply exclusively to the PDF export of Academy modules and are not interchangeable with the general Noélee chat credits. Generated PDFs remain available in your account as long as your account exists; you can delete individual PDFs yourself at any time.

(11b) Important note – no investment advice: The content taught in the Trading Academy, including the AI-generated explanations and summaries, is purely educational. It does not constitute financial, investment or tax advice but serves to help you understand trading basics, market mechanisms and risk methodology. You make specific trading decisions on your own responsibility (Section 13). The quality of AI-generated explanations and PDFs may vary; we recommend that you review them.

Section 9 stelaraX AI chart analysis (free)

(1) Service Description: stelaraX is an AI-powered chart analysis service. The user selects the symbol, timeframe, and strategy; based on this, price data is retrieved from an external market data provider and then validated with AI. The result is an automatically generated setup suggestion with entry price, take profit, stop loss, and risk-reward ratio. stelaraX does not provide a recommendation for position size; the separate position calculator only works with values entered by the user and runs only in the browser. The operation is done via the page /stelarax/.

(2) Technical Implementation: For live market data, we use the API from Twelve Data Pte. Ltd. (Singapore); the query is done server-side without transmitting personal user data. The subsequent validation and commenting of the setup is done via the API of the US company OpenAI (ChatGPT models). Details on data processing and third-country transfer can be found in the privacy policy (Section 11).

(3) Free: stelaraX is a completely free service. There are no fees, subscription costs, or in-app purchases. A free TMB user account is required for use. Since no payment is made, there is also no right of withdrawal.

(4) Storage and Deletion of Analyses: The user can voluntarily save individual generated setups ("Save Analysis"). Saved analyses remain in their account until they delete them; then they are irretrievably removed. Without explicit saving, analyses are not permanently archived with us (Section 11.3 of the privacy policy).

(5) Nature of AI Performance – Important: stelaraX is a generative AI system. The provided entry, TP, and SL values are not trading recommendations or investment advice, but solely a basis for your own verification and self-backtesting. The AI can produce incorrect, incomplete, or misleading results. The user is obliged to critically review each output and make trading decisions independently. We accept no liability for losses incurred from implementing AI-generated setups (see also § 12, § 13).

(6) Usage restrictions: The user undertakes not to misuse stelaraX, in particular not for:

• automated mass requests via bots, scrapers or similar tools;
• entering personal data of third parties;
• attempts to bypass or manipulate the AI system ("prompt injection") or to disclose system instructions;
• reselling or commercially brokering the generated analyses to third parties without our prior written consent.

(7) Availability and third-party dependency: We operate stelaraX as a free service without any availability guarantee. Restrictions due to the OpenAI API service (e.g. maintenance windows, model changes, rate limits or price increases on OpenAI's part), force majeure or temporary deactivation to prevent abuse are possible at any time. We reserve the right to discontinue the service at any time or to switch the AI model used to a newer version (see Section 14).

Section 9a TMB CopyFlow (trade copier software)

(1) Service. TMB CopyFlow is Windows software that copies trade orders between MetaTrader 5 accounts operated by the customer. The scope of service follows from the product description on tmb-invest.de or in the Microsoft Store at the time of purchase. The software is a technical aid; it gives no trading recommendations, provides no signals and does not constitute investment or financial advice.

(2) Licence. The customer receives a simple, non-transferable, perpetual right of use for one computer per licence purchased. The licence is technically bound to a device identifier. A device change is possible on request; we may refuse repeated changes within a short time if abuse is suspected. The licence check requires an internet connection to tmb-invest.de at regular intervals; without a successful check the software stops copying new positions after a grace period of 14 days but continues to manage existing copies.

(3) Requirements. Operation requires: Windows 10/11 (64-bit), a MetaTrader 5 platform installed by the customer, valid trading accounts with brokers of their choice, a stable internet connection and a permanently running PC or VPS. We are not responsible for the provision, availability and conditions of the brokers and the MetaTrader platform.

(4) How it works and deviations. Copied orders are executed at the prices and contract specifications applicable at the respective broker. Deviations from the master account due to spread, slippage, execution speed, minimum stop distances, volume steps, symbol names, trading hours or rejection of individual orders by the broker are inherent to the system and do not constitute a defect. The software adjusts impermissible stop distances to the minimum value permitted by the broker and logs this.

(5) Own responsibility and risk. All trading decisions, settings (in particular lot mode, factors, protection limits and symbol mappings) as well as starting and stopping the copy process rest solely with the customer. Trading financial instruments involves substantial risk of loss, up to a total loss. The customer is expected to test the setup on demo accounts before using real money and to monitor operation. Section 13 (risk warning) applies in addition.

(6) Remote view on a mobile device. The optional remote view via tmb-invest.de is a free additional function without any availability commitment. If our servers are unreachable, the copy process on the customer's PC continues unchanged. Commands triggered from the mobile device count as actions of the customer. The customer must protect their mobile device and the pairing from access by third parties and immediately unpair a lost pairing in the customer account.

(7) Updates. We provide software updates at our own discretion, in particular to adapt to new versions of Windows or MetaTrader 5. There is no entitlement to specific features of future versions. Updates are provided via the same distribution channel through which the purchase was made (Microsoft Store or customer account).

(8) Purchase via the Microsoft Store. If the purchase is made via the Microsoft Store, the purchase contract is concluded with Microsoft under its Store terms; payment, invoice and any refund are handled by Microsoft. These terms and conditions apply in addition to the use of the software and the licence. A customer account on tmb-invest.de is required for the provision of the licence key.

(9) Liability. Section 12 (limitation of liability) applies. In particular, we are not liable for trading losses, lost profits or consequential damages from delayed, faulty or omitted copying of individual orders, nor for damages resulting from failures of the internet connection, the PC, the MetaTrader platform or the broker, unless we are guilty of intent or gross negligence and no essential contractual obligations have been breached.

(10) Prohibited use. Passing the licence key to third parties, circumventing the licence check, decompiling beyond the legally permitted extent and using the software for accounts whose terms of use (e.g. at prop trading firms) prohibit copying orders are prohibited. The customer alone is responsible for complying with the rules of their broker or prop trading firm.

§ 9b instaTrader (subscription software)

(1) Service. instaTrader is Windows software that provides its own user interface for the MetaTrader platform operated by the customer (chart, order entry, account management, copy function, risk guard, analysis functions, scripting language). The scope of services follows from the product description on tmb-invest.de at the time of ordering. The software is a technical tool; it does not give trading recommendations and does not constitute investment or financial advice. Trading orders are executed exclusively via the MetaTrader platform and the customer's trading account with their broker.

(2) Subscription and term. instaTrader is offered as a subscription with a monthly or annual term. The subscription begins upon receipt of the first payment and automatically renews for the chosen term unless canceled before expiration. The fee for the respective term is due in advance and collected via the payment method provided at the first payment (payment service provider Mollie, see § 4). The price agreed upon at the conclusion of the contract applies for the entire duration of the subscription, including all renewals. A price change for an existing subscription occurs only with the explicit consent of the customer; if the customer does not agree, the subscription continues at the previous price. Our right to terminate normally according to Section (4) remains unaffected.

(2a) Lifetime license. Alternatively, we offer a lifetime license for a one-time payment. It grants a right of use unlimited in time for one computer in accordance with clause (3), sentences 1 and 2. The lifetime license is also checked at regular intervals via our servers (clause (3), last sentence). Updates in accordance with clause (6) are included for as long as we offer the software, but at least for the period specified in § 6 para. (4). If we discontinue the sale and operation of instaTrader, we will notify lifetime license holders by email at least six months in advance and provide them with a final program version that can continue to be used without license verification via our servers; features that require our servers or third-party services (e.g. cloud sync, AI features, index analyses) may then no longer be available. The provisions on automatic renewal, on the payment deadline in the event of non-payment (clause (3)) and on termination (clause (4)) do not apply to the lifetime license.

(2b) Trial period. For the monthly subscription we offer a free seven-day trial once per person and computer. Only a customer account is required; no payment details are collected and nothing is charged. The full range of functions is available during the trial. When the trial expires, the licence ends automatically; no subscription is created and nothing needs to be cancelled. If the customer wishes to continue using instaTrader, they take out a subscription under clause (2); the licence key is retained. We send a reminder by e-mail at least two days before expiry. If a trial or an instaTrader licence has already been used, we may refuse a further trial.

(2c) Vouchers for subscriptions. The customer can redeem voucher codes for the monthly subscription in their customer account. Each voucher applies to the next monthly payment due; only one voucher can be redeemed per monthly payment, and further vouchers only after that payment. The discount is applied when the payment is collected via Mollie and shown on the invoice; the following months are billed at the regular price again. If a voucher covers the monthly amount in full or leaves less than €1.00 outstanding, the subscription is extended by one month without a charge. Vouchers are non-transferable and cannot be redeemed for cash; they do not apply to annual subscriptions or the lifetime license.

(2d) Friends-Abo. Als „Friends“ bieten wir das Abonnement bzw. die Lifetime-Lizenz für zwei Personen an: eine Lizenz für den Kunden und eine für eine Person, die er im Kundenkonto per E-Mail einlädt und die ein eigenes Kundenkonto führt. Vertragspartner und Zahler ist allein der Kunde; die zweite Lizenz hat dieselbe Laufzeit und denselben Status wie sein Abonnement und endet mit ihm. Der Kunde kann die eingeladene Person höchstens zweimal innerhalb von 30 Tagen austauschen; die Lizenz der ausgetauschten Person endet sofort. Ziff. (3) gilt für jede der beiden Lizenzen.

(2e) Mehrfachlizenzen und Tester-Lizenzen. Mehrfachlizenzen („Team“, „Studio“) umfassen die bei der Bestellung gewählte Anzahl von Geräteplätzen für den Kunden; Preis und Anzahl werden vor der Bestellung angezeigt. Teilnehmern unseres Testerprogramms stellen wir auf Antrag eine kostenlose, zeitlich begrenzte Tester-Lizenz zur Verfügung, deren Gegenleistung die Beantwortung unseres Fragebogens ist; sie endet mit dem vereinbarten Zeitraum automatisch, ein Abonnement entsteht nicht. Für Tester-Lizenzen gelten Ziff. (3) Satz 1 und 2 sowie Ziff. (5) bis (8).

(3) Licence only with a paid subscription. For the duration of the paid subscription period the customer receives a simple, non-transferable right of use for one computer je Lizenz, bei Mehrfachlizenzen (Ziff. (2e)) für die gewählte Anzahl von Geräteplätzen. Die Lizenz ist technisch an Gerätekennungen gebunden; die Anmeldung eines weiteren Computers über die Geräteplätze hinaus meldet den am längsten ungenutzten ab. The licence is valid only as long as the subscription is paid. Endet das Abonnement durch Kündigung, erlischt das Nutzungsrecht mit Ablauf des bezahlten Zeitraums. Kann eine fällige Zahlung nicht eingezogen werden (etwa wegen fehlender Deckung, abgelaufener Karte oder widerrufenem Mandat), informieren wir den Kunden per E-Mail und setzen ihm eine Frist von 14 Tagen zur Zahlung; während dieser Frist bleibt die Lizenz nutzbar. Geht bis zum Fristende keine Zahlung ein, endet die Lizenz. Die Software beendet dann die Verbindung zur Handelsplattform, und ihre Schutzfunktionen (z. B. der Risikowächter) stehen nicht mehr zur Verfügung; offene Positionen bleiben beim Broker bestehen und sind vom Kunden selbst abzusichern. Nach erfolgreicher Zahlung oder erneutem Abschluss wird dieselbe Lizenz wieder freigeschaltet. Die Lizenz einer Testphase endet mit deren Ablauf (Ziff. (2b)), eine Tester-Lizenz mit dem vereinbarten Zeitraum (Ziff. (2e)). Die Lizenzprüfung setzt in regelmäßigen Abständen eine Internetverbindung zu tmb-invest.de voraus.

(4) Cancellation. The customer may cancel the subscription at any time without giving reasons, effective at the end of the paid period – in the customer account under "instaTrader" or via the "Cancel contracts here" button on tmb-invest.de (cancellation page without login, where extraordinary termination for good cause and a preferred termination date can also be specified). Receipt of the cancellation is confirmed immediately on the page and by email, stating the date and time. Fees already paid for the current period are not refunded in the case of ordinary cancellation; the license remains usable until the end of that period. We may terminate the subscription with four weeks' notice, effective at the end of the paid period; the right of both parties to extraordinary termination, in particular in the event of violations of Section (7), remains unaffected.

(5) Requirements. Operation requires: Windows 10/11, a MetaTrader 5 or MetaTrader 4 platform installed by the customer, a trading account with a broker of their choice and an internet connection. We are not responsible for the provision, availability and conditions of the brokers, the MetaTrader platform or the execution of trading orders. Price data, positions and order confirmations come from the customer's platform.

(5a) Trading account credentials. instaTrader is a local Windows application. Trading account credentials (login, password, server) that the customer enters in instaTrader are stored exclusively locally on their computer – encrypted via the data protection mechanism of the Windows user account – and used only to start the MetaTrader terminal on the same computer and sign it in there. They are not transmitted to us or to third parties; the cloud sync of settings excludes credentials. We have no access to the customer's trading account and cannot place orders on their behalf.

(6) Updates and changes. Updates are included in the subscription and are provided through the software. At the customer's request, they can be installed automatically. We may further develop the range of features as long as the essential features are retained. There is no entitlement to specific features in future versions. AI-powered features (stelaraX, Noélee) are additionally subject to §§ 8 and 9. Obligations to provide updates under § 327f BGB (German Civil Code) remain unaffected.

(7) Own responsibility, risk, prohibited use. All trading decisions, settings (in particular position sizes, copy rules, risk limits) and the use of scripts are solely the customer's responsibility; § 13 (risk notice) applies. Passing the licence key to third parties, circumventing the licence check, decompiling beyond the legally permitted extent and using the software for accounts whose terms of use (for example with prop trading providers) prohibit the functions used are prohibited.

(8) Liability. § 12 (Limitation of liability) applies. In particular, we are not liable for trading losses, lost profits or consequential damages arising from the delayed, incorrect or failed transmission of individual orders, from the end of the license after the payment period has expired (clause (3)), or from failures of the internet connection, the PC, the MetaTrader platform or the broker. This applies provided that we are not guilty of intent or gross negligence and no material contractual obligations have been breached.

§ 9c instaTrader-Lizenzen über Reseller und das Lizenz Portal

(1) Reseller. Wir arbeiten mit Resellern zusammen (insbesondere Broker, Trading-Akademien, Prop-Firmen, Coaches und Software-Anbieter), die instaTrader-Lizenzen von uns beziehen und an ihre eigenen Kunden vergeben. Dafür stellen wir ihnen das Lizenz Portal (license.tmb-invest.de) bereit, in dem sie Lizenzen anlegen, verlängern und beenden. Preise, Abrechnung, Zugangsvoraussetzungen und weitere Pflichten der Reseller regeln wir in einer gesonderten Reseller-Vereinbarung; Konditionen werden individuell vereinbart und sind nicht Bestandteil dieser AGB. §§ 12, 13 und 13a gelten für Reseller entsprechend; Reseller dürfen instaTrader nicht mit Aussagen bewerben, die über die Produktbeschreibung hinausgehen oder einen Handelserfolg in Aussicht stellen.

(2) Endkunden eines Resellers. Erhält der Kunde seine instaTrader-Lizenz von einem Reseller, besteht sein Vertrag über die Lizenz mit dem Reseller; uns schuldet er dafür kein Entgelt. Für die Nutzung der Software gelten § 9b Ziff. (1), Ziff. (3) Satz 1 und 2, Ziff. (5) bis (8) sowie § 13a entsprechend. Laufzeit, Verlängerung und Ende der Lizenz bestimmt der Reseller; eine automatische Verlängerung oder Abbuchung durch uns findet nicht statt. Mit dem Ende der Lizenz beim Reseller endet das Nutzungsrecht; der Kunde kann anschließend ein eigenes Abonnement nach § 9b abschließen und seinen Lizenzschlüssel behalten.

(3) Support und Datenschutz. Technischen Support für die Software leisten wir auch für Endkunden eines Resellers. Für die Bereitstellung der Lizenz verarbeiten wir die vom Reseller übermittelten Kundendaten (Name, E-Mail-Adresse, gegebenenfalls Firma); Einzelheiten regelt die Datenschutzerklärung (Ziff. 7.7).

Section 10 Right of withdrawal and its expiry

Consumers have a statutory right of withdrawal. You can find the details in our cancellation policy. You can also declare your withdrawal electronically using the button "Withdraw from contract" (§ 356a BGB). We will confirm receipt by email without delay.

Important note on digital content: For a contract for the supply of digital content not delivered on a physical data carrier (e.g. downloading an Expert Advisor, activating an instaTrader license or a Noélee bundle), your right of withdrawal expires under Section 356(5) of the German Civil Code (BGB) once we have begun performing the contract after you have:

1. have expressly agreed that we begin performance before the withdrawal period has expired, and
2. have confirmed your knowledge that, by giving your consent, you lose your right of withdrawal once performance begins.

We expressly obtain this confirmation during the ordering process. Without this confirmation, we will not begin providing the download or activation before the withdrawal period has expired. The automatic renewal of a subscription does not constitute a new contract and does not give rise to a new right of withdrawal. Your right to cancel a subscription or trial period under Section 9b remains unaffected.

Section 11 Liability for defects and warranty

(1) The statutory provisions on liability for defects apply. Consumers retain their statutory warranty rights unchanged.

(2) With digital products, defects exist in particular if the software does not correspond to the agreed quality, is not suitable for the intended use or does not have the properties advertised in the product description.

(3) The place of performance for subsequent performance is our registered office.

(4) The following in particular do not constitute defects:

• absence of or insufficient financial success in trading;
• incompatibilities due to platforms, broker configurations or third-party software modified by the customer;
• incorrect operation by the customer;
• market-related losses, drawdowns or slippage.

(5) For AI-powered services (Noélee, stelaraX, index analyses), we owe a service that functions in line with the current state of the art, not the technical accuracy of every individual AI result; generated code must be reviewed by the user before use (Section 8(7)). Statutory warranty rights of consumers remain unaffected.

Section 12 Limitation of liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body and health and under the provisions of the German Product Liability Act.

(2) In the case of slight negligence we are only liable for the breach of essential contractual obligations (cardinal obligations). In this case liability is limited in amount to the damage foreseeable and typical for the contract.

(3) Any further liability is excluded. In particular, we are not liable for lost trading profits, indirect damages, consequential damages or losses resulting from trading decisions the customer makes based on the software, setups, analyses, content or AI-generated code suggestions we provide.

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

Section 13 Risk notice and personal responsibility

(1) Trading financial instruments – in particular foreign exchange (forex), CFDs, indices and crypto assets – involves substantial risk and can lead to a total loss of the capital invested.

(2) Past performance, backtests, demo account results and live tracking data are no guarantee or reliable indicator of future results.

(3) Use of our products – including code suggestions generated by Noélee – is entirely at your own risk. The customer is obliged to critically assess their own suitability and financial capacity before each use and – if in doubt – to seek professional advice.

§ 13a Automatically generated analyses and signals

(1) Automatic Generation. The setups generated by stelaraX and the assessments, setups, entry, stop, and target values ("signals") produced by the analysis functions in instaTrader (especially AI analysis, market overview, signal cards, order assistant, forecast and scanner functions) and comparable functions of our products are fully automated by software. They are based on market data and pre-defined, generally formulated strategy rules that are matched with the current price trend. Additionally, § 7 applies to index analyses.

(2) No statement by TMB Invest. Signals are neither individually reviewed, approved, commented on nor recommended by us. They do not reflect any opinion, assessment or recommendation of Auras & Bielawski GbR (TMB Invest) or its partners and are not investment advice, not financial analysis within the meaning of the German Securities Trading Act (WpHG) and not a solicitation to buy or sell financial instruments. They take into account neither the personal circumstances, knowledge, experience and objectives nor the financial situation of the user.

(3) No obligation to trade, your own decision. No signal has to be traded. Whether, when, in which direction and with what size the user trades is decided by the user alone and at their own risk. Signals serve exclusively for information, for the user's own review and for comparison with their own setup. Automatically generated signals may be wrong, incomplete, late or unsuitable for the respective market situation; third-party market data may be faulty or unavailable.

(4) Liability. We accept no liability for the content, accuracy, completeness and timeliness of automatically generated signals or for trading decisions the user makes on their basis; § 12 (limitation of liability) and § 13 (risk notice) apply accordingly.

Section 14 Availability of services

We strive for the highest possible availability of the website and the provision of downloads. However, 100 % availability cannot be guaranteed. Maintenance, security and availability outages beyond our control (force majeure, problems at third-party providers such as the host, Mollie, MetaQuotes, OpenAI) cannot be ruled out.

Section 15 Partner programme (affiliate)

(1) Participation. Registered users can take part in the partner program by accepting the partner terms in their account and entering their payout details (account holder, IBAN, optionally BIC). Participants must be of legal age and have their residence or place of business in a country where participation is legally permitted. We reserve the right to reject applications without giving reasons.

(2) Attribution and commission. If a referred person clicks via the partner link (?ref=CODE) und willigt sie in den Cookie-Einstellungen in die Kategorie „Marketing“ ein, wird der Partner-Code für 30 Tage in einem Cookie gespeichert (First-Touch-Attribution). Ohne diese Einwilligung ist keine Zuordnung möglich. Erfolgt innerhalb dieser Frist ein kostenpflichtiger Kauf, entsteht dem Partner ein Provisionsanspruch auf Basis des Netto-Umsatzes. Die aktuelle Provisionshöhe wird im Partner-Konto ausgewiesen und kann mit Wirkung für die Zukunft angepasst werden; für einzelne Produkte (z. B. instaTrader) können über das Reseller Center abweichende Sätze individuell vereinbart werden.

(3) Cooldown. Commissions are initially set as "pending". They are only considered payable once the withdrawal and reversal periods provided for by law or these T&Cs have expired and no refund or cancellation has taken place. Until then there is no entitlement to payout.

(4) Payout. Payouts are made at the partner's request by SEPA transfer to the account on file, provided a minimum balance of €50 has been reached. We reserve a reasonable review period of up to 14 days after the request.

(5) Own tax responsibility. Commissions paid out are income subject to income tax for the partner. The partner warrants that they fulfil their tax obligations (registration with the tax office, VAT liability once the small business threshold under Section 19 UStG is exceeded, record keeping) on their own responsibility. On request we provide annual commission statements, not invoices.

(6) Prohibited promotion. The following in particular are prohibited: (a) self-purchases via your own partner link, (b) cookie stuffing and comparable technical manipulation, (c) brand bidding / paid search ads on the TMB Invest brand or its product names, (d) spam (email, messenger, comment platforms), (e) misleading or market-abusive investment recommendations, (f) promotion on websites with illegal or discriminatory content. In the event of violations, outstanding commissions are forfeited; amounts already paid out may be reclaimed.

(7) Partner liability. The partner is solely responsible for their advertising claims. They indemnify us against all third-party claims arising from marketing activities for which they are responsible (copyright, competition law, advertising guidelines).

(8) Termination. Partner participation can be terminated by either side at any time without notice. In the event of violations of clause (6) we may terminate immediately and withhold outstanding commissions. Commissions already earned and not disputed are paid out in accordance with clause (4) provided the minimum balance is reached; otherwise they lapse after 24 months in favour of Auras & Bielawski GbR.

(9) No employment relationship. The partner program does not establish an employment, commercial agency or franchise relationship. The partner is self-employed and does not act as a representative of TMB Invest / Auras & Bielawski GbR.

§ 16 Final 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 the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the location of the provider. For consumers, the statutory places of jurisdiction apply.

(3) Should individual provisions of these terms be or become invalid, this shall not affect the validity of the remaining provisions.

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

As of: Oktober 2026 · Auras & Bielawski GbR

Auras & Bielawski GbR · hello@tmb-invest.de