Enigma Journal — Terms of Service

Last updated: 13 September 2026 Version: 1.4

1. Introduction and Acceptance

1.1 These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", "the User") and Cole Blaney, a sole trader whose registered/trading address is Unit 171901, PO Box 7169, Poole, BH15 9EL ("we", "us", "our", "the Provider"), governing your access to and use of the Enigma Journal desktop application, any related websites (including enigma-journal.com), updates, documentation, and associated services (together, the "Software" or the "Service").

1.2 By downloading, installing, accessing, creating an account for, or using the Software, or by clicking "I agree" (or similar), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not install or use the Software.

1.3 If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

1.4 We may provide separate or additional terms for specific features. Where there is a conflict, the additional terms prevail for that feature only.

1.5 Optional website tracking. Acceptance of these Terms, registration, purchase or continued use does not constitute consent to optional analytics or advertising tracking. Vercel Web Analytics and Google Ads load only after you accept optional tracking in our cookie banner. You may reject or later withdraw this consent using Cookie settings without losing access to the Service. Our Privacy Notice, Section 11, explains the providers, purposes and controls. Essential sign-in, security and checkout technologies remain necessary to provide the Service.

2. Definitions

2.1 "Account" means the account you register to access the Software.

2.2 "Subscription" means a paid plan granting access to the Software for a recurring period.

2.3 "User Content" means any data, notes, journal entries, trade records, screenshots, images, text, and other material you input, upload, or store using the Software.

2.4 "Output" means any analytics, statistics, projections, ratings, summaries, charts, suggestions, or automatically or AI-generated content produced by the Software.

2.5 "Consumer" has the meaning given in the Consumer Rights Act 2015, namely an individual acting for purposes wholly or mainly outside that individual's trade, business, craft, or profession.

3. Eligibility

3.1 You must be at least 18 years old and capable of forming a legally binding contract to use the Software.

3.2 You must not use the Software if you are barred from doing so under the laws of the United Kingdom or any other applicable jurisdiction, or if you are located in a territory subject to UK sanctions or embargoes.

3.3 You are responsible for ensuring that your use of the Software is lawful in the jurisdiction from which you access it.

4. Accounts and Security

4.1 To access certain features you must register an Account and provide accurate, current, and complete information. You must keep this information up to date.

4.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us immediately at support@enigma-journal.com if you suspect any unauthorised use.

4.3 You must not share, sell, transfer, or licence your Account to any third party. Each Subscription is for a single named User unless a multi-user or team plan has been expressly purchased.

4.4 We may suspend or terminate an Account in accordance with Section 17.

5. Licence to Use the Software

5.1 Subject to your compliance with these Terms and (where applicable) payment of all fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software on devices you own or control, for your own personal or internal business use.

5.2 We (and our licensors) retain all right, title, and interest in and to the Software. This licence does not transfer any ownership rights to you. All rights not expressly granted are reserved.

5.3 You must not, and must not permit any third party to:

(a) copy, modify, adapt, translate, or create derivative works of the Software, except as permitted by law that cannot be excluded;
(b) reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the limited extent expressly permitted by applicable law (including the Copyright, Designs and Patents Act 1988);
(c) rent, lease, lend, sell, redistribute, sublicense, or commercially exploit the Software;
(d) remove, obscure, or alter any proprietary notices;
(e) circumvent, disable, or interfere with security, licensing, update, or access-control features;
(f) use the Software to build a competing product or service, or to scrape, harvest, or benchmark it for competitive purposes;
(g) use the Software in any unlawful manner or in breach of these Terms.

6. Subscriptions, Fees, and Payment

6.1 Certain features require a paid Subscription. Prices, billing periods, and features are as described at the point of purchase on enigma-journal.com or via our authorised payment provider.

6.2 All fees are stated in USD and are inclusive of VAT and any other applicable taxes, which will be added where required by law.

6.3 Payments are processed by our third-party payment provider(s) Stripe. By subscribing, you authorise us and/or our payment provider to charge your chosen payment method for the applicable fees.

6.4 Recurring billing and auto-renewal. Unless otherwise stated, Subscriptions renew automatically at the end of each billing period at the then-current price, and your payment method will be charged, until you cancel. You may cancel auto-renewal at any time via Account Settings; cancellation takes effect at the end of the current paid period.

6.5 Price changes. We may change Subscription prices. We will give you at least 30 days' notice of any price change affecting your renewal, by email or in-app notice. Price changes take effect at your next renewal. If you do not accept a price change, you may cancel before it takes effect.

6.6 Failed payments. If a payment fails, we may retry, suspend, or downgrade your access until payment is resolved.

6.7 General. Except as required by law (in particular your statutory rights in Section 7) or as expressly stated by us, fees are non-refundable and there are no refunds or credits for partial billing periods, unused features, or downgrades.

6.8 Cancellation is not the same as a refund. Cancelling your Subscription stops future renewals but does not, by itself, entitle you to a refund of fees already paid for the current billing period, save where a refund is required by your statutory rights (Section 7) or where we discontinue a paid Service (Section 17.5). Unless we state otherwise, you retain access to the paid features until the end of the period you have already paid for.

6.9 Your statutory rights prevail. Nothing in this Section 6 removes or limits any refund or cancellation right you have that cannot be excluded by law. Where there is any conflict between this Section 6 and your non-excludable statutory rights as a Consumer (Section 7 and the Consumer Rights Act 2015), your statutory rights prevail.

6A. Affiliate and Referral Program

6A.1 Overview. We operate an optional affiliate/referral programme that lets eligible Users earn a commission by referring new paying customers to the Software. Participation is voluntary and requires you to opt in by choosing a referral code in your Account. These terms apply in addition to the rest of these Terms; if you do not take part, they do not affect you.

6A.2 Eligibility. To take part you must be at least 18, hold an Account in good standing, and comply with these Terms and all applicable laws. We may decline, suspend, or remove any participant at our reasonable discretion, including for suspected abuse, fraud, or breach of these Terms.

6A.3 Referral codes and buyer discount. On opting in you choose a unique referral code. When a new customer enters your code at checkout, they receive a discount on their eligible first payment as described at the time (currently 15%), and, subject to this Section 6A, you earn a commission. Codes must not be misleading, offensive, infringing, or impersonate us or any third party, and we may reclaim or reassign a code.

6A.4 Commission. Unless we state otherwise, you earn a commission equal to a percentage (currently 20%) of the net amount actually paid by a customer you referred on their first qualifying payment only. Commission is not earned on: (a) subsequent or recurring payments; (b) free trials unless and until they convert into a paid payment; (c) taxes, refunds, discounts, or amounts later reversed; (d) your own purchases or self-referrals; or (e) payments we reasonably consider fraudulent, abusive, or made in breach of these Terms. We may change the commission rate, the discount rate, the minimum payout threshold, and the qualifying criteria on a prospective basis at any time.

6A.5 Attribution. A referral is attributed to you only where our systems record that the customer used your code at checkout. Where no code is recorded, no commission is payable. We may resolve attribution questions and disputes at our reasonable discretion, and our records are, absent manifest error, conclusive.

6A.6 Reversals and clawback. If a referred payment is later refunded, charged back, reversed, or found to have been made in breach of these Terms, the associated commission is cancelled. If it has already been paid to you, we may set it off against your future commissions or require you to repay it.

6A.7 Pending and available balance; clearance; payouts. Commission on a referral is shown in your Account as pending (part of your total earnings) as soon as the referred order is placed, so you can see what you have earned straight away. Pending commission does not become available to withdraw until both (a) the referred customer's payment has actually been taken (for example, after any free trial ends and the first payment succeeds), and (b) a clearance period of 14 days from that payment has passed, which covers the refund window. If, during that period or afterwards, the payment does not complete, fails, is refunded, charged back, or is found to breach these Terms, the related commission is cancelled, removed from your earnings, and will not become (or remain) available; where it has already been paid to you, clause 6A.6 (Reversals and clawback) applies. You may request a payout of your available commission balance once it reaches the minimum threshold shown in your Account (currently $5). Payouts are made by the method(s) we support at the time (for example PayPal or Wise) to the payment details you provide. You are responsible for providing and keeping accurate payout details, and we are not liable for commissions sent to details you supplied incorrectly or to an account you do not control.

6A.8 Fees and taxes. Any transaction, transfer, currency-conversion, or processing fees charged by the payout provider are deducted from your payout, so the amount you receive may be less than the amount you requested. You are solely responsible for determining, reporting, and paying any tax (including income tax and, where applicable, VAT) arising on commissions you earn, and for any registration or filing obligations that apply to you. Commissions are paid gross and we make no withholding or deduction on account of tax unless required by law. If you are or become VAT-registered and are required to charge VAT on your commissions, you are responsible for accounting for it.

6A.9 Independent status. Participation does not create any employment, worker, agency, partnership, joint venture, or franchise relationship between you and us. You act as an independent party, must not hold yourself out as our employee, agent, or representative, and must not make any representation, warranty, or commitment on our behalf or incur any liability in our name.

6A.10 Promotion conduct. When promoting the Software you must be honest and lawful and must comply with all applicable advertising, consumer-protection, and marketing laws, including the UK Advertising Standards Authority (ASA) CAP Code and the Privacy and Electronic Communications Regulations 2003 (PECR). In particular you must: (a) clearly and prominently disclose that your links or codes are affiliate/promotional; (b) not make false, misleading, or exaggerated claims, including about earnings, performance, or any suggestion that the Software provides financial advice (see Section 8); (c) not send spam or unsolicited communications; (d) not bid on, or use, our trade marks or brand in a way that impersonates us or misleads users; (e) not self-refer or create fake accounts, codes, or transactions; and (f) not promote the Software on unlawful, adult, hateful, deceptive, or infringing platforms or channels.

6A.11 Suspension, termination, and changes. We may change, suspend, or discontinue the programme, or your participation in it, at any time. On termination of your participation or of the programme, any commission validly earned, not subject to reversal, and meeting the minimum payout threshold will be paid to you; amounts below the threshold may be forfeited. Sums we reasonably believe were earned through breach, abuse, or fraud are not payable.

6A.12 No guarantee. We do not guarantee any level of referrals, conversions, commission, or earnings. Any figures or examples shown are illustrative only and are not a promise of results.

6A.13 This Section 6A survives termination of these Terms to the extent necessary to give effect to accrued rights, reversals, clawback, and tax responsibilities.

7. Cancellation and Statutory Rights (Consumers)

7.1 If you are a Consumer in the UK, you may have a legal right to cancel a purchase within 14 days without giving a reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Cancellation Period").

7.2 Digital content and digital services — immediate access. The Software and its paid features are supplied electronically. Depending on how a particular feature operates, it may constitute "digital content" and/or a "digital service" under UK consumer law, and different cancellation rules may apply to each. If you request access to, download, install, or begin using the paid Software or a paid feature during the Cancellation Period, you will be asked to expressly consent to supply beginning immediately and to acknowledge that:

(a) for digital content, you will lose your right to cancel once download or streaming has begun; and
(b) for a digital service, if you cancel after supply has begun you may be required to pay for the service actually provided up to the point of cancellation.

7.3 To exercise any right to cancel, contact us at support@enigma-journal.com with a clear statement of your decision before the relevant supply begins. Where a refund is due, we will process it using the same payment method within 14 days.

7.4 Nothing in these Terms affects your non-excludable statutory rights as a Consumer, including under the Consumer Rights Act 2015 (which requires digital content and digital services to be of satisfactory quality, fit for purpose, and as described).

7.5 Relationship between cancellation, refunds, and termination. For clarity, the following are distinct matters: (a) your statutory right to cancel within the Cancellation Period (this Section 7); (b) cancelling the auto-renewal of your Subscription for the future (Section 6.4); (c) your entitlement, if any, to a refund (Sections 6.7–6.9 and 7.3); and (d) suspension or termination of your Account (Section 17). Exercising one of these does not automatically trigger another. In every case, your non-excludable statutory rights prevail over any conflicting provision of these Terms.

8. No Financial, Investment, or Professional Advice (Important)

8.1 The Software is a journaling, record-keeping, analytics, and educational tool only. It is designed to help you record, organise, and review your own trading activity and to visualise statistics derived from data you provide.

8.2 Not financial advice. Nothing in the Software, including any Output, analytics, statistics, ratings, "edge" scores, projections (including Monte Carlo or other simulations), summaries, notifications, suggestions, AI- or algorithmically-generated ideas, sample text, templates, or any other content, constitutes or should be construed as:

(a) financial, investment, trading, tax, accounting, or legal advice;
(b) a personal recommendation, or a recommendation to buy, sell, hold, enter, exit, or refrain from any transaction, security, contract, instrument, or strategy;
(c) an offer, solicitation, or inducement to engage in any regulated activity;
(d) an assurance, guarantee, or prediction of any particular result, performance, profit, or outcome.

8.3 Not regulated / not authorised. We are not authorised or regulated by the Financial Conduct Authority (FCA) and we do not carry on any regulated activity within the meaning of the Financial Services and Markets Act 2000 (FSMA) or its subordinate legislation. We are not your broker, dealer, investment adviser, financial planner, portfolio manager, or fiduciary, and no such relationship is created by your use of the Software. The Software does not fall within, and is not intended to fall within, the scope of any FCA authorisation or exemption.

8.4 AI and automated Output. Some features may generate content using automated, algorithmic, machine-learning, or artificial-intelligence techniques ("AI Features"), which may involve third-party AI providers.

(a) AI-generated Output — including trade analysis, summaries, recaps, ratings, classifications, tags, insights, "edge" or performance scores, pattern or setup detection, and any suggestions or recommendations — is produced automatically, generally without human review, and may be inaccurate, incomplete, outdated, biased, or misleading.
(b) AI Output is not an authoritative, objective, or professional assessment of your trading performance, skill, discipline, or prospects, and must not be treated as such.
(c) AI Output does not necessarily reflect our views or the views of Enigma Journal, and is not a personal recommendation or financial advice (see Sections 8.2 and 8.3).
(d) You are solely responsible for evaluating the accuracy, appropriateness, and usefulness of any AI Output before relying on or acting on it, and you use AI Features entirely at your own risk.
(e) We do not guarantee that AI Features will be available, consistent, or free from error, and we may add, change, limit, or withdraw them at any time.

8.5 Your responsibility. All trading, investment, and financial decisions are made by you at your own discretion and risk. You should obtain independent advice from a suitably qualified and FCA-authorised professional before making any financial decision. You are solely responsible for your own trades, positions, risk management, tax reporting, and compliance with the rules of any broker, prop firm, exchange, or regulator applicable to you.

8.6 Risk warning. Trading and investing in financial instruments (including but not limited to shares, futures, options, forex, CFDs, and other leveraged or derivative products) carries a high level of risk and can result in the loss of some or all of your capital, and potentially more than your initial investment. Past performance and historical data are not a reliable indicator of future results. Simulated, hypothetical, and back-tested results have inherent limitations and do not represent actual trading. You should not trade with money you cannot afford to lose.

8.7 No liability for decisions. To the maximum extent permitted by law, we accept no liability for any trading losses, missed gains, or other financial consequences arising from your use of, or reliance on, the Software or any Output.

8.8 No trade execution — Enigma is not a broker or trading platform. Enigma Journal is a journaling, record-keeping, and analytics tool only. Enigma Journal does not execute, place, transmit, route, submit, or manage any trade, order, or position on your behalf. It does not act as a broker, dealer, exchange, trading venue, trading platform, or order-execution or order-management service. Any prices, charts, playback, figures, or data shown are for record-keeping and review only. All orders, trades, and positions are entered by you directly with your own broker, platform, or venue, entirely at your own discretion, risk, and responsibility.

8.9 This Section 8 survives termination of these Terms.

9. Market Data and Third-Party Services

9.1 The Software may retrieve, display, or process data from third-party sources (for example, market price data used in chart playback) and may rely on third-party infrastructure providers (for example, authentication, hosting, database, storage, and software-update services).

9.2 Third-party data may be delayed, inaccurate, incomplete, or unavailable, and is provided on an "as is" basis. We do not create, verify, endorse, or guarantee such data and are not responsible for it. Market data is provided for informational, record-keeping, and journaling purposes only, must not be used as a basis for live trading execution decisions, and is not routed to any broker or trading venue (see Section 8.8).

9.3 Your use of third-party services may be subject to those third parties' own terms and privacy policies. We are not responsible for third-party services, their availability, or their acts or omissions.

10. User Content and Data

10.1 You retain ownership of your User Content. The Software stores much of your User Content locally on your device; you are responsible for maintaining your own backups. We are not responsible for any loss or corruption of locally stored data, including as a result of device failure, uninstalling the Software, software updates, or your own actions.

10.2 You grant us a limited, worldwide, royalty-free licence to host, store, process, transmit, and display your User Content solely to the extent necessary to operate, maintain, secure, and provide the Software to you.

10.3 You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third party's rights or breach any law.

10.4 You must not upload or store any User Content that is unlawful, infringing, defamatory, malicious, or that contains personal data of third parties without a lawful basis.

10.5 We may (but are not obliged to) create backups of certain Account data. Where a backup or export feature is provided, you are responsible for using it to protect your data before updates, reinstallation, or cancellation.

10.6 Where your data is held. To help you understand our respective responsibilities, and subject to the fuller detail in our Privacy Policy (with which these Terms are intended to be read together):

(a) Local data — the majority of your journal entries, notes, daily summaries, theses, trade records, ratings, and screenshots are stored locally on your device, under your control;
(b) Server-side data — your account credentials, profile information, subscription status, and any data you choose to sync or back up are stored on our and our processors' servers;
(c) Synced data — where you enable synchronisation or backup features, the data you choose to sync is transmitted to and stored on our back-end infrastructure so it can be made available to you;
(d) Payment data — is handled by our payment provider as described in Section 6 and our Privacy Policy; we do not store your full card details.

10.7 AI processing. Where you use AI Features (Section 8.4), the specific User Content you submit to that feature may be transmitted to and processed by us and/or third-party AI providers solely to generate the requested Output. You should not submit to such features any content you are unwilling to have processed in this way. AI Output is subject to Section 8.

10.8 Exporting your data. Where an export function is provided, you may export your journal data in the format(s) we make available, e.g. JSON / CSV. We may, but are not obliged to, maintain any particular export format. You are responsible for exporting and keeping your own copy of your data before cancellation, uninstallation, or account deletion.

10.9 Account deletion. You may request deletion of your Account by emailing support@enigma-journal.com. On deletion, we will delete or anonymise your server-side Account data in accordance with our Privacy Policy and applicable law, except where we are required or permitted to retain certain data (for example, transaction records for tax purposes). Deleting your Account does not delete data stored locally on your device, which remains under your control.

10.10 Backups and retention. Any server-side backups we hold are retained for up to 90 days and are then overwritten or deleted in the ordinary course. Such backups are maintained for our resilience and disaster recovery, and are not a personal backup service for you.

10.11 Data after cancellation. If your Subscription is cancelled or lapses, you may lose access to paid features and to any server-side or synced data associated with those features. We may retain, restrict, or delete such server-side data after a grace period of 7 days`, in accordance with our Privacy Policy. Your locally stored data remains on your device.

10.12 Recovery. Once data has been deleted following account deletion, the expiry of any grace period, or routine backup rotation, it may be permanently unrecoverable. You are responsible for keeping your own backups.

11. Software Updates

11.1 The Software may automatically check for, download, and install updates, including bug fixes, security patches, and feature changes. You consent to the automatic delivery and installation of such updates.

11.2 We may add, modify, or remove features at any time. We are not obliged to maintain backwards compatibility or to continue any particular feature.

11.3 You are responsible for backing up your data before applying updates where an update prompt or backup option is presented.

12. Acceptable Use

12.1 You must not use the Software to:

(a) break any law or regulation, or infringe any third-party right;
(b) transmit malware, or attempt to gain unauthorised access to any system;
(c) interfere with, disrupt, overload, or impair the Software or its infrastructure;
(d) misrepresent your identity or impersonate any person or entity;
(e) engage in market manipulation, fraud, money laundering, or any other financial crime; or
(f) harass, abuse, threaten, or harm others, or encourage any of the conduct prohibited above.

13. Intellectual Property

13.1 The Software, including all software code, design, user interface, text, graphics, logos, trade marks ("Enigma Journal" and related branding), and documentation, is owned by us or our licensors and is protected by copyright, trade mark, and other intellectual property laws.

13.2 You must not use our trade marks or branding without our prior written consent. Any feedback or suggestions you provide may be used by us without restriction or obligation to you.

14. Disclaimers and Warranties

14.1 Except for any warranties, terms, or rights that cannot lawfully be excluded (including, for Consumers, under the Consumer Rights Act 2015), and to the maximum extent permitted by law, the Software is provided "AS IS" and "AS AVAILABLE" without warranties or conditions of any kind, whether express, implied, or statutory, including implied warranties of satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement.

14.2 We do not warrant that the Software will be uninterrupted, error-free, secure, free of harmful components, or that defects will be corrected, or that any Output will be accurate, complete, reliable, or suitable for your purposes.

14.3 We do not warrant any particular level of availability or uptime and may suspend the Service for maintenance, updates, or reasons beyond our control.

14.4 Nothing in these Terms excludes or limits your non-excludable statutory rights as a Consumer.

15. Limitation of Liability

15.1 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot lawfully be limited or excluded, including certain rights of Consumers under the Consumer Rights Act 2015; or (d) breach of the terms implied by the Consumer Rights Act 2015 that cannot be excluded.

15.2 Subject to Section 15.1, and to the maximum extent permitted by law, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

(a) trading, investment, or financial losses of any kind;
(b) loss of profits, revenue, business, opportunity, anticipated savings, or goodwill;
(c) loss or corruption of data;
(d) indirect, special, incidental, or consequential loss; or
(e) loss arising from your reliance on any Output or third-party data,

even if such loss was foreseeable and even if we were advised of the possibility of it.

15.3 Subject to Section 15.1, our total aggregate liability arising out of or in connection with these Terms and the Software, whether in contract, tort, or otherwise, is limited to the greater of (a) the total fees you actually paid to us for the Software in the 12 months immediately preceding the event giving rise to the claim, or (b) £50 / GBP AMOUNT.

15.4 You acknowledge that the Software is not designed or licensed for use in any circumstance where its failure could lead to death, personal injury, or severe physical, financial, or environmental damage, and that the pricing of the Software reflects the allocation of risk in these Terms.

16. Indemnity

16.1 If you are using the Software otherwise than as a Consumer, you agree to indemnify and hold us harmless from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your User Content; (c) your misuse of the Software; or (d) your violation of any law or third-party right.

17. Suspension and Termination

17.1 You may stop using the Software and cancel your Subscription at any time in accordance with Section 6.

17.2 Suspension or termination for cause. We may suspend or terminate your access, Account, or licence, in whole or in part, and (where the circumstances justify it) immediately and with or without notice, if: (a) you breach these Terms; (b) we reasonably suspect unlawful, fraudulent, abusive, or harmful activity; or (c) we are required to do so by law. Where practicable and appropriate, we will tell you the reason.

17.3 No refund for termination due to your breach. If we suspend or terminate for cause under Section 17.2, you are not entitled to any refund of fees already paid, without prejudice to your non-excludable statutory rights.

17.4 Effect of termination. On termination or expiry: (a) your licence ends and you must stop using the Software; (b) accrued rights and liabilities are unaffected; (c) the data provisions in Section 10 (including export, deletion, and retention) apply; and (d) Sections that by their nature should survive (including 5.2, 6A, 8, 10, 13, 14, 15, 16, 19, and 20) will survive.

17.5 Discontinuation of the Service by us. We may discontinue the Software or any feature at any time. Where we discontinue a paid Service that you have pre-paid for, other than as a result of your breach, we will, where reasonably practicable: (a) give you reasonable advance notice; (b) provide a pro-rata refund of any pre-paid, unused fees; and (c) for a reasonable period, continue to allow you to export your data using any export function provided (see Section 10.8).

18. Data Protection and Privacy

18.1 We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as described in our Privacy Notice at https://www.enigma-journal.com/privacy, which forms part of these Terms and should be read together with the data provisions in Section 10.

18.2 You are responsible for the lawfulness of any personal data you input as User Content. Where you input third-party personal data, you confirm you have a lawful basis to do so.

19. Changes to These Terms

19.1 We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice before they take effect. The "Last updated" date shows the latest version.

19.2 Your continued use of the Software after changes take effect constitutes acceptance. If you do not accept the changes, you must stop using the Software and may cancel in accordance with Section 6.

20. General

20.1 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including internet or hosting failures, power outages, acts of God, or acts of third-party providers.

20.2 Assignment. You may not assign or transfer your rights under these Terms without our consent. We may assign or transfer our rights and obligations, including in connection with a merger, acquisition, or sale of assets.

20.3 Entire agreement. These Terms, together with the Privacy Policy and any purchase terms, are the entire agreement between you and us regarding the Software and supersede any prior agreements. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

20.4 Severance. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force, and the offending provision is modified to the minimum extent necessary to make it enforceable.

20.5 Waiver. No failure or delay in exercising any right is a waiver of it.

20.6 Third-party rights. Except as expressly stated, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

20.7 Notices. Legal notices to us must be sent to support@enigma-journal.com and/or Unit 171901, PO Box 7169, Poole, BH15 9EL. We may give notice to you via email or in-app messaging.

21. Governing Law and Jurisdiction

21.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes) are governed by and construed in accordance with the laws of England and Wales. (If you or your business is based in Scotland or Northern Ireland, replace "England and Wales" with the appropriate UK jurisdiction.)

21.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute, save that if you are a Consumer resident elsewhere in the UK, you may also bring proceedings in the courts of the UK nation in which you are resident, and you retain the benefit of any mandatory protections of the law of that nation.

21.3 Nothing in this Section affects your statutory rights as a Consumer or your ability to use any applicable alternative dispute resolution or online dispute resolution mechanisms.

22. Contact and Complaints

Cole Blaney
Unit 171901, PO Box 7169, Poole, BH15 9EL
Email: support@enigma-journal.com

If you have a complaint, please contact us first at the email above and we will try to resolve it promptly.

By installing, accessing, or using Enigma Journal, you acknowledge that you have read, understood, and agree to these Terms of Service, including the "No Financial Advice" provisions in Section 8 and the "Limitation of Liability" provisions in Section 15.