Terms of Use

1. Definitions and Interpretation

In these Terms, unless the context requires otherwise:

• "Account" means your registered user account with Swingfolio.
• "AI Features" means all artificial intelligence-powered features within the Service, including but not limited to AI-generated insights, chat functionality, performance analysis, and automated suggestions.
• "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Fees" means the subscription fees payable for access to the Service, as displayed on the Website.
• "Input Data" means all data, information, and content that you enter, upload, or otherwise provide to the Service, including trade details, portfolio information, transaction records, and notes.
• "Market Data" means price data, historical data, exchange rates, and other financial market information provided through the Service, sourced from EODHD or other third-party providers.
• "Output Data" means any reports, calculations, analytics, charts, insights, tax calculations, performance metrics, or other information generated by the Service based on your Input Data.
• "Service" means the Swingfolio platform, including the website located at swingfolio.com, mobile applications (if any), and all related services, features, and functionality.
• "Tax Calculations" means any tax-related calculations, reports, or estimates provided by the Service, including Australian Capital Gains Tax (CGT) calculations and tax reports.
• "Third-Party Services" means services provided by third parties that are integrated with or accessible through the Service, including Supabase (data storage), Google Generative AI, OpenAI, Anthropic, Moonshot AI (AI features), SnapTrade / Passiv Inc. (broker connections), Stripe (payments), Resend (email), Cloudflare (abuse prevention), and EODHD (Market Data).
• "We", "Us", "Our" means Swingfolio (swingfolio.com).
• "You", "Your" means the person or entity accessing or using the Service.

2. Service Description and Limitations

2.1 Service Overview

Swingfolio is a web-based software platform designed to help swing traders track, analyse, and journal their trading activities. The Service provides:

• Trade journaling and position tracking functionality
• Portfolio management with cash balance tracking
• Strategy creation and execution tracking
• Performance analytics and visualisation tools
• Trade idea management (watchlist and research tracking)
• Notifications about your account and activity
• Tax calculation estimates, including Australian Capital Gains Tax (CGT)
• AI-powered insights and chat functionality
• Import and export functionality for trade data
• Optional read-only broker connection and data import (clause 9)
• Market data integration from third-party providers

2.2 What Swingfolio Is NOT

2.3 Service Availability

We aim to make the Service available 24 hours a day, 7 days a week, but we do not guarantee uninterrupted or error-free access. The Service may be unavailable due to maintenance, updates, technical failures, internet connectivity issues, or Third-Party Service outages.

2.4 Beta and Experimental Features

We may make features available on a beta, preview, trial, or experimental basis, whether or not labelled as such. These features are provided as is and without warranty of any kind. They may be incomplete, may produce incorrect results, may change without notice, and may be withdrawn at any time without liability to you. Do not rely on a beta feature for any decision of consequence.

We may also change, suspend, or discontinue any part of the Service at any time. Nothing in this clause limits your rights under the Australian Consumer Law, or your right to cancel a subscription under clause 4.4.

3. User Obligations and Acceptable Use

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under Australian law or the laws of any other applicable jurisdiction
• Provide accurate, current, and complete information during registration

3.2 Account Registration

• You must create an Account to access the Service.
• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your Account credentials.
• You must not share your Account credentials with any other person.
• You are solely responsible for all activities that occur under your Account.

3.3 Data Entry Responsibility

You are solely responsible for the accuracy and completeness of all Input Data you enter into the Service. The accuracy of all Output Data, including Tax Calculations, analytics, and performance metrics, depends entirely on the accuracy of your Input Data. We do not verify, validate, or audit your Input Data.

3.4 Prohibited Uses

You must not:

• Use the Service for any unlawful purpose or in violation of these Terms
• Use the Service to provide services to third parties (reselling, white-labelling, or service bureau use)
• Share your Account with others or allow others to access the Service using your credentials
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Use any automated means (bots, scrapers, crawlers) to access the Service without our prior written consent
• Attempt to gain unauthorised access to the Service, other Accounts, or our systems
• Introduce viruses, malware, or other harmful code into the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service

4. Account and Subscription Terms

4.1 Subscription Plans

Access to the Service requires a paid Subscription, except for any free trial period we may offer. Subscription plans, features, and Fees are described on the Website. We reserve the right to modify, discontinue, or introduce new Subscription plans at any time.

4.2 Fees and Payment

• Fees are charged in advance for each Subscription Period (monthly or annual).
• All Fees are in Australian dollars (AUD) unless otherwise specified.
• All Fees are inclusive of GST (Goods and Services Tax) where applicable.
• You authorise us to charge your nominated payment method for all Fees when they become due.

4.3 Automatic Renewal

Your Subscription will automatically renew at the end of each Subscription Period unless you cancel before the renewal date. By subscribing, you authorise us to charge your payment method for each renewal period.

4.4 Cancellation and Refunds

• You may cancel your Subscription at any time by accessing your Account settings or contacting us at [email protected].
• Cancellation will take effect at the end of your current Subscription Period.
• You will retain access to the Service until the end of your paid Subscription Period.
• No refunds or credits will be provided for partial Subscription Periods, except as required by Australian Consumer Law.

5. Financial and Investment Disclaimers

5.2 No Guarantee of Trading Success

• The Service does not guarantee any trading profits or investment returns.
• Past performance tracked through the Service is not indicative of future results.
• Trading and investing involve substantial risk of loss, and you may lose some or all of your invested capital.
• Performance metrics, analytics, and statistics displayed in the Service are historical only and do not predict or guarantee future performance.

5.3 Seek Professional Advice

Before making any financial or investment decisions, you must:

• Seek independent advice from a licensed financial adviser who understands your individual circumstances
• Consider your financial situation, investment objectives, and risk tolerance
• Conduct your own research and due diligence
• Understand the risks and potential rewards of any investment
• Ensure you have the financial capacity to bear potential losses

6. Tax Calculation Disclaimers

6.2 Tax Calculation Limitations

Tax Calculations do NOT account for:

• Your individual tax circumstances, deductions, or offsets
• Complex tax situations (trusts, companies, partnerships, foreign residents)
• Changes in tax legislation or Australian Taxation Office (ATO) interpretations
• State or territory taxes other than federal Australian tax
• Tax loss carry-forwards or other adjustments
• Non-standard tax treatments or rulings
• Wash sales or other tax adjustments

6.3 Seek Professional Tax Advice

Before relying on any Tax Calculations or preparing your tax return, you must:

• Seek independent advice from a registered tax agent, accountant, or tax lawyer
• Provide your tax professional with all relevant information about your financial circumstances
• Have your tax professional review and verify all Tax Calculations from the Service
• Understand your individual tax obligations and reporting requirements
• Ensure your tax return is prepared in accordance with ATO requirements

7. AI Features Disclaimers

7.1 Nature of AI Features

AI Features use artificial intelligence and machine learning models provided by third-party providers, including Google Generative AI, OpenAI, Anthropic, and Moonshot AI. AI Features analyse your Input Data and historical patterns to generate insights, suggestions, and responses.

AI-generated content is informational only and is not personalised financial, investment, or tax advice.

7.2 AI Content Accuracy

7.3 AI Data Transmission

When you use AI Features, your Input Data and queries may be transmitted to third-party AI service providers. Data transmission is necessary for AI Features to function. Third-party AI providers process data in accordance with their own privacy policies and terms of service.

By using AI Features, you consent to the transmission of your data to third-party AI providers. Details are described in our Privacy Policy.

7.4 No Liability for AI Outputs

• We are not liable for any decisions you make based on AI-generated content.
• We are not responsible for errors, inaccuracies, or inappropriate content generated by AI Features.
• You use AI Features entirely at your own risk.

7.5 No Advisory Relationship

Your use of AI Features does not create an advisory, fiduciary, professional, or client relationship of any kind between you and us. AI Features are software. They do not know your objectives, financial situation, or needs, and nothing they produce is personal advice within the meaning of the Corporations Act 2001 (Cth) or any equivalent law.

7.6 Restrictions on Use of AI Features

You must not use AI Features to:

• Train, fine-tune, distil, or otherwise develop any machine learning model or competing service.
• Systematically extract, scrape, or bulk-export Output Data, whether by automated means or otherwise.
• Generate content for redistribution, resale, or publication as though it were your own research or advice.
• Attempt to reveal, reconstruct, or circumvent the underlying prompts, models, or safety controls.
• Produce content that is unlawful, misleading, or that presents AI output as professional financial advice to another person.

8. Data Accuracy and Third-Party Services

8.1 Market Data Disclaimers

• Market Data is provided by third-party providers (EODHD and others) and is not generated or verified by us.
• We do not guarantee the accuracy, completeness, timeliness, or reliability of any Market Data.
• Market Data may be delayed, incorrect, or incomplete.
• You must independently verify all Market Data before relying on it for any trading or investment decisions.

8.2 Notifications

Notifications — in-app, by email, or by push — are provided on a best-effort basis only.

• We do not guarantee that any notification will be delivered, will be delivered on time, or will be accurate.
• You must not rely on notifications for time-sensitive trading decisions.
• It is your responsibility to monitor your positions, your broker connections, and market conditions independently.
• We are not liable for missed, delayed, duplicated, or inaccurate notifications.

8.3 Third-Party Service Dependencies

The Service relies on Third-Party Services, including:

• Supabase (data storage and authentication)
• Google Generative AI, OpenAI, Anthropic, Moonshot AI (AI Features)
• EODHD (Market Data)
• Resend (transactional and account email)
• Stripe (payment processing and subscription billing)
• Cloudflare (bot and abuse prevention)
• Vercel (hosting and content delivery)

We are not responsible for any failures, errors, delays, or interruptions caused by Third-Party Services.

8.4 Accuracy of Your Own Data

You are responsible for the accuracy of the data you enter, upload, or accept into the Service. Every calculation the Service performs — profit and loss, R-multiples, win rates, portfolio value, capital gains estimates, and every other figure — is derived from the data available to it. Incorrect, incomplete, duplicated, or out-of-date input produces incorrect output, and we are not liable for any consequence of that.

This applies equally to data imported from a file or from a broker connection, which you are responsible for reviewing before accepting. See clause 9.3.

9. Broker Connections

9.1 Authorisation

The Service allows you to connect a brokerage account through SnapTrade, a service of Passiv Inc., so that your accounts, holdings, and transactions can be imported into the Service. By connecting a brokerage account you authorise us to retrieve that data on your behalf, for as long as the connection remains active.

You warrant that you own, or are lawfully authorised to connect, each brokerage account you connect, and that doing so does not breach your agreement with your broker.

9.2 Read-Only Access

Nothing in this clause alters clause 2.2 — Swingfolio is not a broker, dealer, or trading platform, holds no securities, and manages no investments on your behalf.

9.3 Imported Data Is Not a Broker Statement

9.4 No Warranty on Broker Data

We do not warrant that broker-sourced data is complete, accurate, current, or free from error. Brokers vary in what they expose, change their data formats without notice, restate or backfill historical records, and may report corporate actions, fees, dividends, or currency conversions differently from one another. Some account types, instruments, and historical periods may be unavailable entirely.

You are responsible for reviewing proposed imports before accepting them, and for correcting any imported record that does not match your broker's statement.

9.5 Availability and Suspension

Broker connections depend on SnapTrade and on your broker, both of which are outside our control. Connections may fail, expire, require reauthentication, or be withdrawn by your broker at any time. We are not liable for any loss arising from a failed, delayed, incomplete, or stale broker sync, including where you were unaware that a connection had stopped working.

We may suspend, limit, or discontinue broker connections — for all users, for particular brokers, or for your Account — at any time and without notice, including where required by SnapTrade, a broker, or applicable law.

9.6 Disconnection

You may disconnect a brokerage account at any time through the Service. On disconnection we cease retrieving data from that broker and delete the stored connection. Records already imported into your journal remain yours and are unaffected; you may edit or delete them individually. Our handling of broker data is described in our Privacy Policy.

10. Intellectual Property Rights

10.1 Our Intellectual Property

We (and our licensors) own all Intellectual Property Rights in and to the Service, including:

• The Swingfolio website, platform, and software
• All source code, algorithms, and methodologies
• All user interfaces, designs, and graphics
• The Swingfolio name, logo, and trade marks
• All documentation, help content, and educational materials

These Terms do not transfer any ownership rights in our Intellectual Property to you.

10.2 Your Licence to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial use.

10.3 Your Input Data Ownership

You retain all ownership rights in your Input Data. We do not claim ownership of any Input Data you provide to the Service. You are solely responsible for the content of your Input Data and must ensure you have the right to upload it to the Service.

10.4 Feedback

If you send us suggestions, feature requests, bug reports, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that feedback into the Service or any other product, without attribution, compensation, or any obligation to you. Do not send us feedback you consider confidential or that you are not free to share. This clause does not affect your ownership of your Input Data under clause 10.3.

11. Data Ownership and Privacy

11.1 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy. By using the Service, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

11.2 Data Security

We implement reasonable technical and organisational security measures to protect your data from unauthorised access, disclosure, alteration, or destruction. However, no security measures are perfect or impenetrable. We cannot guarantee the absolute security of your data.

11.3 Data Retention

We retain your Input Data and Account information for as long as your Account is active. After you terminate your Account, we will delete your Input Data and personal information within 14 business days, except data we are required to retain by law (e.g., financial records for 7 years).

After deletion, your data cannot be recovered.

11.4 Data Export

You may export your Input Data at any time using the Service's export functionality. You are responsible for exporting your data before terminating your Account.

12. Limitation of Liability

12.1 Exclusion of Warranties

12.2 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, warranties, or rights you may have under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded.

12.3 Exclusion of Damages

To the maximum extent permitted by law, we are not liable for any:

• Indirect, incidental, consequential, special, exemplary, or punitive damages
• Loss of profits, revenue, or income
• Loss of trading opportunities or investment losses
• Loss of data or information
• Tax penalties, interest, or assessments resulting from reliance on Tax Calculations
• Damages resulting from errors in Output Data, calculations, or AI-generated content
• Damages resulting from delayed, missed, or inaccurate price alerts
• Damages resulting from inaccurate or delayed Market Data
• Damages resulting from Third-Party Service failures or interruptions

12.4 Liability Cap

To the maximum extent permitted by law:

Our total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Service, whether in contract, tort (including negligence), or otherwise, is limited to the total amount of Fees you paid to us in the 12 months immediately preceding the event giving rise to the claim.

If you have not paid any Fees (e.g., during a free trial), our total liability is limited to AUD $100.

13. Indemnification

You agree to indemnify, defend, and hold harmless Swingfolio, our officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws, regulations, or third-party rights
• Your reliance on Output Data, Tax Calculations, AI-generated content, or any other information provided through the Service
• Your trading or investment decisions and activities
• Your tax reporting and compliance with tax laws
• Any claim that your Input Data infringes or violates any third-party rights
• Your negligence or wilful misconduct

14. Termination and Account Closure

14.1 Termination by You

You may terminate your Account at any time by:

• Cancelling your Subscription through Account settings
• Contacting us at [email protected]

Your Account will remain active and you will retain access to the Service until the end of your current Subscription Period. No refunds will be provided for early termination.

14.2 Termination by Us

We may suspend or terminate your Account immediately if you:

• Violate these Terms
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay Fees when due
• Use the Service in a manner that harms us, other users, or third parties

Before terminating your Account for breach, we will provide you with 7 days' written notice and an opportunity to cure the breach, unless immediate termination is necessary.

14.3 Data Deletion Upon Termination

Upon termination of your Account for any reason, we will delete your Input Data and personal information within 14 business days, except data we are required to retain by law. After deletion, your data cannot be recovered.

You are responsible for exporting any data you wish to retain before termination.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. Proceedings may be brought in the courts of Victoria, Australia, and courts competent to hear appeals from those courts. We each submit to the non-exclusive jurisdiction of those courts, so that nothing in this clause prevents you from bringing a claim in a court of your own place of residence where the law of that place gives you that right.

15.2 Informal Dispute Resolution

Before commencing any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve disputes informally through good faith negotiation. Both parties will make reasonable efforts to resolve disputes within 30 days of initial contact.

15.3 Mediation

If a dispute is not resolved under clause 15.2 within 30 days, either party may refer it to mediation administered by the Resolution Institute, under its Mediation Rules, seated in Melbourne, Australia, before commencing proceedings. The parties share the mediator's costs equally and each bears its own costs. Mediation may be conducted by videoconference where either party requests it.

If the Resolution Institute no longer administers mediations, the mediator is to be a person agreed between the parties or, failing agreement within 14 days, a person appointed on the application of either party by the President of the Law Institute of Victoria.

Neither party is required to mediate before seeking urgent injunctive or interlocutory relief.

15.4 Preserved Rights

Nothing in this clause 15 prevents you from:

• Bringing a claim in a small claims tribunal or court of competent jurisdiction, including the Victorian Civil and Administrative Tribunal (VCAT) or its equivalent where you live;
• Making a complaint to a regulator, including the Office of the Australian Information Commissioner or the Australian Competition and Consumer Commission; or
• Seeking urgent injunctive relief in any court.

15.5 Consumer Rights Are Not Excluded

15.6 Limitation Period

You must bring any claim arising from these Terms or the Service within 12 months of the cause of action arising. Claims not brought within 12 months are permanently barred to the extent permitted by law. This clause is subject to clause 15.5 and does not apply where a longer period is guaranteed to you by a law that cannot be excluded.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service.

16.2 Amendment of Terms

We may amend these Terms at any time by posting the updated Terms on the Website. Material changes to these Terms will be notified to you via email at least 30 days before the changes take effect.

Where the change is material, we will also ask you to accept the updated Terms the next time you sign in, and we record that acceptance against your Account. If you do not agree to the amended Terms, do not accept them — you may close your Account under clause 14.1 and export your data under clause 11.4.

For changes that are not material — corrections, clarifications, and updates to the list of Third-Party Services — your continued use of the Service after the effective date constitutes acceptance.

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

16.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

16.5 Assignment

You may not assign, transfer, or delegate these Terms or your Account to any third party without our prior written consent. We may assign these Terms or our rights and obligations hereunder to any third party without your consent, including in connection with a merger, acquisition, reorganisation, or sale of assets.

16.6 Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, government actions, internet or telecommunications failures, Third-Party Service failures, or cyberattacks.

16.7 Contact Information

For questions, concerns, or notices regarding these Terms or the Service, contact us at:

Swingfolio
swingfolio.com

Email: [email protected]