Terms and Conditions
These Terms and Conditions ("Terms") govern access to and use of the Swit Kapitel website and any associated tools, dashboards, or informational materials (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you should not use the Service.
This is a general template provided for structural guidance only. It has not been reviewed by a legal professional and does not account for any specific jurisdiction's requirements. It should be customised and independently reviewed before publication.
1. Nature of the Service
Swit Kapitel provides predictive modelling, informational content, and software tools intended to assist independent professionals in evaluating and organising investment-related decisions. The Service is technological and informational in nature. Nothing presented through the Service constitutes personalised financial, investment, tax, or legal advice, and no part of the Service should be interpreted as a recommendation to buy, sell, or hold any particular asset.
Any outputs, projections, or analyses generated by the Service are based on historical data, assumptions, and modelling techniques that may not reflect future performance. Swit Kapitel makes no representation that any projection or output will prove accurate.
2. Eligibility
By using the Service, you represent that you are at least the age of majority in your place of residence and that you have the legal capacity to enter into a binding agreement. You further represent that your use of the Service complies with all laws and regulations applicable to you.
3. Account Responsibilities
Where the Service requires registration or the creation of an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify Swit Kapitel promptly of any unauthorised use of your account. Swit Kapitel is not liable for any loss arising from your failure to safeguard your credentials.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms;
- Attempt to reverse-engineer, decompile, or extract the underlying logic or source code of any modelling tool;
- Interfere with, disrupt, or attempt to gain unauthorised access to the Service or its underlying infrastructure;
- Reproduce, resell, or redistribute content from the Service without prior written consent;
- Use automated scripts or bots to extract data from the Service at scale.
5. No Financial Advice
Swit Kapitel is not a registered investment adviser, broker-dealer, or financial institution, and nothing in the Service should be construed as such. You acknowledge that all investment decisions you make, whether informed by the Service or otherwise, are made at your own discretion and risk. You are strongly encouraged to consult a qualified, independent financial adviser before making any investment decision.
6. Intellectual Property
All content, software, design elements, trademarks, and materials made available through the Service are the property of Swit Kapitel or its licensors and are protected by applicable intellectual property laws. Except as expressly permitted in these Terms, no part of the Service may be copied, modified, distributed, or exploited without prior written permission.
7. Third-Party Links and Services
The Service may contain links to third-party websites or integrate with third-party tools. Swit Kapitel does not control and is not responsible for the content, accuracy, or practices of any third-party resource. Inclusion of a link does not imply endorsement.
8. Disclaimers
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Swit Kapitel does not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Swit Kapitel, its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of, or inability to use, the Service, even if advised of the possibility of such damages. Where liability cannot be fully excluded under applicable law, Swit Kapitel's aggregate liability shall be limited to the minimum extent permitted.
Investment Risk Notice
All investing involves risk, including the possible loss of principal. Past performance, whether actual or simulated, is not indicative of future results. Nothing in the Service should be interpreted as a guarantee of any outcome.
10. Indemnification
You agree to indemnify and hold harmless Swit Kapitel and its affiliates, officers, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service or your violation of these Terms.
11. Suspension and Termination
Swit Kapitel reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that Swit Kapitel believes violates these Terms, applicable law, or is otherwise harmful to the Service, other users, or third parties.
12. Modifications to the Service and Terms
Swit Kapitel reserves the right to modify, suspend, or discontinue any part of the Service at any time without liability. Swit Kapitel may also revise these Terms from time to time. Material changes will be reflected by an updated revision date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which Swit Kapitel operates, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction, subject to applicable mandatory consumer protection rules.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Swit Kapitel regarding the use of the Service and supersede any prior agreements or understandings, whether written or oral.
16. Contact
Questions regarding these Terms should be directed through the contact channels provided elsewhere on this website.
Last updated: this document is a template and should be dated upon publication.