Terms of Service

These Terms of Service ("Terms") govern your access to and use of EasySwing.trading and any related product, mobile app, API, MCP server, or Telegram-delivered service (collectively, the "Service"). By creating an account, paying for a subscription, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

EasySwing.trading is operated by Sofus, a sole proprietorship (eenmanszaak) registered with the Dutch Chamber of Commerce (KvK) in Amsterdam, the Netherlands (KvK: 50937782) (in these Terms, "Sofus", "we", "us", "our"). We may also refer to the Service trading name "EasySwing.trading" interchangeably with Sofus. These Terms form a binding agreement between you and Sofus.

Entity transition. Sofus intends to incorporate as a Dutch besloten vennootschap (B.V.) before commercial launch. When that happens, this agreement and your account transfer to the successor entity automatically under Section 16. We will post a notice when the transition completes; you do not need to re-accept these Terms.

The Service is a stock-screening and market-data visualisation tool for self-directed traders. It scans US equities against technical and fundamental filters, ranks candidates against published methodologies, and delivers optional Telegram alerts on triggers you configure. Optional features include a personal trade journal, watchlists, hypothetical backtesting, and an AI assistant ("Soren") that helps you navigate setups in natural language. AI features are covered in our AI Usage Policy.

What the Service is not. The Service is not investment advice, personal financial advice, portfolio management, trade signals, or a recommendation to buy or sell any security. Sofus is not a broker-dealer, investment firm, or licensed financial institution in any jurisdiction. See our Risk Disclaimer.

Where the Service offers an optional integration with a third-party broker, any order execution occurs on that broker's platform under your account and under that broker's terms. The broker is identified in the in-app connection screen at the time you elect to enable the integration. Sofus does not have custody of your funds or securities, does not place trades on a discretionary basis, and is not party to any executed trade.

• You must be at least 18 years old and have the legal capacity to enter binding contracts in your jurisdiction.
• One account per natural person. Do not share credentials or create accounts on behalf of others without our prior written permission.
• You are responsible for keeping your login credentials confidential and for all activity under your account.
• You may not access the Service from a jurisdiction where it is prohibited, or where your use would violate local financial-services laws. You are responsible for that determination.
• Sanctions and restricted jurisdictions. You represent and warrant that (i) you are not located in, ordinarily resident in, or organised under the laws of, any jurisdiction subject to comprehensive sanctions administered by the US Office of Foreign Assets Control (OFAC), the EU, the UN, or the UK (including without limitation Cuba, Iran, North Korea, Syria, and the non-government-controlled regions of Ukraine); and (ii) you are not a person identified on any restricted-party list maintained by those authorities (OFAC SDN, EU Consolidated List, UN sanctions lists, UK OFSI list). You will not use the Service to transact with any such person or jurisdiction. We rely on infrastructure providers in the United States who are themselves subject to OFAC; access from sanctioned jurisdictions may be blocked technically and contractually.

Account creation and authentication run through Clerk. Clerk's terms and privacy policy apply to the authentication layer in addition to ours.

The Service offers a free tier and paid subscription plans. Billing is processed by Clerk Billing on our behalf; we do not see or store your card number. By starting a paid plan you authorise us, through Clerk Billing, to charge your selected payment method on the cadence shown at checkout (monthly or annual).

Clear-and-conspicuous renewal disclosure. Before you check out we disclose, and you affirmatively consent to: (a) the fact that your subscription continues and renews automatically until you cancel; (b) the description of our cancellation policy (see below and the Refund Policy); (c) the recurring charge amount and cadence; and (d) the fact that the charge may change after notice. This disclosure is designed to satisfy the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq., as amended by AB 2863) and equivalent US state laws.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time from your account; cancellation takes effect at the end of the current period (and immediately for refund-eligible cancellations under the Refund Policy).
• Click-to-quit. You can cancel through the same online mechanism you used to subscribe — no phone call, no email required. The "Cancel" control is in your billing settings, one click from your account page, and operates regardless of business hours. Cancellation is free and effective immediately upon confirmation.
• Free trials (where offered) convert to a paid subscription at the end of the trial period unless you cancel before then. The auto-renewal disclosure above applies to trial-to-paid conversions; the 14-day money-back guarantee runs from the date of the first paid charge.
• Annual subscription reminders. For annual plans, we send a renewal reminder by email between 15 and 45 days before each annual renewal date, summarising the renewal amount and how to cancel.
• Prices are quoted in USD and exclude any applicable VAT, sales tax, or similar taxes, which we collect and remit where required by law.
• Price and material-term changes. We may change prices or material terms for future billing periods with at least 30 days' notice by email, providing clear and conspicuous notice of the change. If you do not want to renew on the new terms, cancel before the next billing date.
• Failed payments. If a charge fails, we may suspend paid features until payment is resolved. Your data is retained per our Privacy Policy.

We offer a 14-day money-back guarantee on every paid charge, no questions asked. Email support@easyswing.trading within 14 days of the charge and we will refund the full amount to the original payment method (typically 5–10 business days to land). Full details and edge cases are in our Refund Policy.

EU/UK consumer notice (Directive 2011/83/EU, Art. 16(m)). Subscriptions to EasySwing.trading are digital content / digital services. Under EU consumer law you have a statutory 14-day right of withdrawal which begins from the date of the contract. By starting to use the Service during the withdrawal period (e.g. running a scan, viewing live data, or receiving an alert), you expressly request immediate performance and acknowledge that you lose the statutory right of withdrawal once performance has begun. Our 14-day money-back guarantee continues to apply as a separate, contractual entitlement.

When using the Service you agree to follow our Acceptable Use Policy, which is incorporated into these Terms by reference. In short: no market manipulation, no scraping or automated extraction, no reselling outputs, no attempts to reverse engineer the screener or AI, no credential sharing, no abuse of refund or chargeback flows. Violations may result in suspension or termination without refund.

The Service connects to third parties including (without limitation) Clerk (authentication and billing), Cloudflare (hosting and edge data store), Telegram Messenger LP (optional alerts), Microsoft (Clarity analytics), Google (Tag Manager), AI model providers we use to power Soren, a market-data provider, and (where you enable the optional integration) a third-party broker. The specific market-data provider and broker are identified in the in-app integration screens. Your use of those services is also subject to their own terms and privacy policies. We are not responsible for the acts, omissions, downtime, or pricing of any third party.

Brokerage. Where you enable the optional broker integration, the connected broker is the broker of record for any orders you route through it. All margin, settlement, regulatory reporting, and dispute resolution related to your brokerage account are between you and that broker.

Market data, prices, fundamentals, sentiment scores, screener rankings, AI outputs, hypothetical backtests, and alerts are produced from third-party data and our own algorithms. They may be delayed, incomplete, inaccurate, stale, or wrong. You may not rely on any output as a recommendation, signal, or basis for a trading decision. Every trade you make is your decision, made on your own analysis and at your own risk.

See the Risk Disclaimer for the full risk warning and the AI-specific notes in the AI Usage Policy.

Our IP. The Service, including its software, algorithms, UI, design, copy, brand marks, and underlying methodologies, is owned by Sofus or its licensors and protected by Dutch and international intellectual-property law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own swing-trading research while your account is in good standing. We grant no other rights.

Your content. You own the data you enter into the Service (journal entries, watchlists, notes, alert configurations). You grant us a non-exclusive licence to host, copy, transmit, display, and process your content solely to operate, secure, support, and improve the Service. We will not sell your content or use it to train third-party AI models. See the Privacy Policy and AI Usage Policy.

Feedback. If you send us suggestions or feedback, we may use them without restriction or compensation to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. We do not warrant that the Service will be error-free, uninterrupted, secure, or will produce profitable results. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the foregoing exclusions apply only to the extent permitted.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE CARVE-OUTS BELOW:

• Sofus and its operators, employees, and contractors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation lost profits, lost trading opportunities, lost goodwill, loss of data, or cost of substitute services, even if advised of the possibility of such damages.
• Our aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort, or otherwise, will not exceed the greater of (a) the total subscription fees you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) €500.
• You agree that you will not bring any claim against us more than one (1) year after the cause of action accrues, except where a longer period is mandatory under applicable consumer-protection law.

Mandatory carve-outs (do not apply where excluded by law). Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) willful misconduct or gross negligence; or (d) any liability that cannot be excluded or limited under applicable law.

Dutch consumer carve-out. If you are a consumer in the European Economic Area, your statutory rights are not affected by this Section. In particular, the limitations above do not apply where Dutch Civil Code Art. 6:236 (the "black list" of prohibited consumer-contract clauses) or Art. 6:237 (the "grey list" of presumed-unreasonable clauses) would otherwise void the limitation. Where any element of this Section would be held unreasonably onerous under Dutch BW 6:233(a) as applied to you as a consumer, the limitation will be applied to the maximum extent permitted by law and the remainder of the clause will remain in effect. Where mandatory rules require a higher cap, that higher cap applies.

US consumer carve-out. If you are a consumer in the United States, some states do not allow the exclusion of certain warranties or the limitation of certain damages (including incidental or consequential damages). To that extent, the exclusions and limitations above may not apply to you, and you may have additional rights under your state law.

You agree to defend, indemnify, and hold harmless Sofus and its operators from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms, the Acceptable Use Policy, or any third-party rights; (c) trading or investment decisions you make; or (d) content you submit to the Service. This Section does not apply to claims arising solely from our gross negligence or willful misconduct.

By you. You may cancel your subscription or close your account at any time from your account settings. Cancellation takes effect at the end of the current billing period; refunds, if applicable, are handled under Section 5 and the Refund Policy.

By us. We may suspend or terminate your access immediately, without refund and without prior notice, if we reasonably believe you have: violated these Terms or the Acceptable Use Policy; engaged in fraud, abuse, or unlawful activity; created risk or legal exposure for Sofus, other users, or third parties; or failed to pay amounts due. Where appropriate and lawful, we will give notice and an opportunity to cure before terminating.

Effect of termination. Sections 8–12, 14, and 17–19 survive termination. Your data is retained or deleted per the Privacy Policy.

We may add, change, suspend, or discontinue features at any time. We aim to provide reasonable advance notice for material reductions to paid features.

We may update these Terms from time to time. For material changes that affect your rights, we will give at least 14 days' notice by email or in-app banner before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept, your sole remedy is to cancel before the effective date.

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, pandemic, internet or telecommunications outages, third-party service failures (including our cloud providers and data sources), exchange or broker outages, cyberattacks, or labour disputes.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms and your account, in whole or in part, to any successor entity, affiliate, or acquirer, including in connection with a merger, restructuring, sale of assets, or our planned incorporation from a sole proprietorship into a Dutch besloten vennootschap (B.V.). You expressly consent to such assignment to the successor entity, and these Terms will continue to bind you and the successor on the same terms.

Our handling of your personal data is described in the Privacy Policy and Cookie Policy, both incorporated into these Terms by reference.

You consent to receive all communications related to your account and these Terms in electronic form (by email or in-product notice). Electronic notice from us is deemed valid notice. You can withdraw consent at any time by closing your account; some legally required notices (e.g. billing, breach notifications) may continue until your account is closed.

18.1 Default (EU, UK, and rest of world)

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Subject to mandatory consumer-protection rules that grant you the right to sue in your country of residence, you and Sofus agree that any dispute will be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Our contact email for ODR purposes is support@easyswing.trading.

18.2 United States users — binding individual arbitration

If you are a resident of the United States, the following arbitration agreement applies and replaces Section 18.1 to the extent of any conflict. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• Informal resolution first. Before filing any arbitration, you agree to send a written notice to support@easyswing.trading describing the dispute and the relief sought. We will attempt in good faith to resolve the dispute within 60 days.
• Binding arbitration. If the dispute is not resolved, it will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. Arbitration will take place in the U.S. county where you reside (or by video/written submission for claims under $10,000). Judgment on the award may be entered in any court of competent jurisdiction.
• Class-action waiver. You and Sofus agree to bring claims only in your or our individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
• Small-claims carve-out. Either party may bring an individual claim in small-claims court in lieu of arbitration if the claim qualifies under that court's rules.
• Injunctive relief carve-out. Either party may seek injunctive or equitable relief in court to protect intellectual-property rights or confidential information.
• 30-day opt-out. You may opt out of this arbitration agreement by emailing support@easyswing.trading with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your full name and account email. If you opt out, Section 18.1 applies to you instead.
• Severability of this section. If the class-action waiver above is found unenforceable as to any claim, that claim will be litigated in court under Section 18.1, but the remainder of this Section 18.2 will continue to apply to all other claims.
• Governing law for US users. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration agreement. The substantive law of the Netherlands continues to govern the underlying contract, except where US federal or state consumer-protection law mandatorily applies.

• Entire agreement. These Terms, the Privacy Policy, the Cookie Policy, the Risk Disclaimer, the Acceptable Use Policy, the Refund Policy, and the AI Usage Policy form the entire agreement between you and Sofus regarding the Service.
• Severability. If any provision is held invalid or unenforceable, the rest remains in effect, and the invalid provision is modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce any right is not a waiver of that right.
• No third-party beneficiaries. These Terms do not create rights for anyone who is not a party to them.
• Headings are for convenience only and do not affect interpretation.
• Language. These Terms are written in English. If we provide a translation, the English version controls in case of conflict.

Questions about these Terms?
Sofus (trading as EasySwing.trading)
Amsterdam, Netherlands
Support: support@easyswing.trading
Legal & privacy: privacy@easyswing.trading