User Agreement

1. Provider identity

This service is provided by [FULL COMPANY NAME / LEGAL ENTITY], trading under the name SWING, with its registered address at [REGISTERED ADDRESS, POSTCODE, CITY, COUNTRY], registered with the Chamber of Commerce under number [CHAMBER OF COMMERCE NUMBER] and, if applicable, VAT number [VAT NUMBER].

Contact: nick.olivier03@gmail.com and website https://swing-bot.eu.

2. Applicability and acceptance

By creating an account, logging in, connecting exchange API keys, or using SWING, you agree to this User Agreement, the Privacy Policy, and the Risk Disclosure Statement.

If you do not agree, you may not use the services.

3. Nature of the service

SWING provides software, automation, dashboards, account management, signal processing, and order execution based on user-selected settings and connected exchange access. SWING is not a bank, custodian, or deposit institution and does not hold user crypto assets or fiat funds.

Unless explicitly agreed otherwise in writing, SWING does not provide personal investment advice, individual financial advice, legal portfolio management, or any guarantee of profit or limitation of loss.

4. Eligibility and personal responsibility

• You must be at least 18 years old and legally capable of entering into agreements.
• You must provide complete, accurate, and current information.
• You are responsible for ensuring lawful use of the service in your jurisdiction.
• You remain solely responsible for your exchange account, orders, portfolio, taxes, and for assessing whether this service is suitable for your situation.

5. Account and security

• You are responsible for keeping your account credentials confidential.
• You must immediately report unauthorized use or any security incident.
• You may only connect API keys that you are legally authorized to use.
• You must not enable withdrawal rights on connected API keys unless SWING explicitly requests this in writing. If you do so anyway, that is entirely at your own risk.

6. Exchange connectivity and execution

Orders are placed through third-party exchanges and infrastructure. SWING is not responsible for downtime, latency, price deviations, liquidity shortages, API failures, rejected orders, changes to exchange terms, delistings, trading halts, or exchange insolvency.

You understand and accept that automated execution may lead to rapid consecutive orders, partial fills, slippage, missed entries, missed exits, deviations between signals and execution, and unforeseen losses.

7. No guarantees

SWING makes no representation or warranty regarding profitability, future performance, suitability for a particular purpose, uninterrupted availability, error-free operation, or complete security of the services.

Past performance, sample scenarios, dashboards, paper trading, backtests, signals, or marketing statements do not guarantee future results.

8. Prohibited use

• Use of the service in violation of laws or regulations.
• Use of another person’s account, identity, or API credentials.
• Reverse engineering, scraping, sabotage, or disruption of the platform.
• Use for money laundering, sanctions evasion, fraud, or market abuse.
• Providing false, misleading, or incomplete information to SWING.

9. Fees and subscriptions

Paid features may be subject to subscription fees, performance fees, or other charges as displayed on the website or in your account environment. Unless stated otherwise, all amounts exclude taxes, levies, or charges applicable to you.

You remain responsible for exchange fees, trading fees, network fees, taxes, and any third-party costs.

10. Suspension and termination

SWING may suspend or terminate accounts, API connections, or access where reasonably necessary for security, maintenance, legal compliance, abuse investigations, non-payment, technical risk, or breach of this agreement.

Suspension or termination does not release you from obligations that by their nature survive termination, including fees, liability limitations, and indemnities.

11. Limitation of liability

To the maximum extent permitted by applicable law, SWING is not liable for indirect, consequential, incidental, punitive, or special damages, including lost profit, lost opportunity, trading losses, loss of asset value, loss of data, or reputational damage arising from use of signals, software, automation, or exchange execution.

To the extent permitted by law, SWING’s total liability is limited to the lower of:

• the amount you paid to SWING during the 12 months before the relevant event; or
• EUR 250.

This limitation does not apply where liability cannot lawfully be excluded or limited, including intent or gross negligence where mandatory law so provides.

12. Indemnity

You agree to indemnify and hold harmless SWING, its directors, employees, contractors, and service providers against third-party claims arising from your breach of this agreement, unlawful use of the service, breach of laws or regulations, or use of incorrect, unauthorized, or unsafe exchange access, to the extent permitted by law.

13. Intellectual property

All rights in the website, software, texts, logos, dashboards, documentation, and underlying systems belong to SWING or its licensors. You receive only a limited, revocable, non-exclusive, and non-transferable license for your own lawful use of the service.

14. Privacy and data processing

The processing of personal data is governed by the Privacy Policy. By using the service, you acknowledge that personal data and account information may be processed for account management, security, service delivery, and legal compliance.

15. Changes

SWING may amend this User Agreement. Material changes will be published with reasonable notice through the website, your account, or by email. Continued use of the service after the effective date means you accept the updated version.

16. Governing law and venue

This agreement is governed by Dutch law, unless mandatory consumer protection law in your country of residence requires otherwise. Disputes shall, to the extent permitted by law, be submitted exclusively to the competent court in the district where [FULL COMPANY NAME / LEGAL ENTITY] has its registered office.