Terms of Service
Welcome to SwingMentalist. These Terms of Service ("Terms") govern your access to and use of the SwingMentalist website, web application (and, once released, our native Android and iOS applications), and related services (together, the "Service"). The Service is operated by Amit Shlomo, a sole proprietor based in Israel ("SwingMentalist," "we," "us," or "our").
By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract in your jurisdiction. By using the Service, you represent and warrant that you meet these requirements.
You may not use the Service if you are located in, ordinarily resident in, or accessing it from a country, region, or territory subject to comprehensive sanctions by the United Nations, the European Union, the United States, the United Kingdom, or the State of Israel - or if you are listed on any applicable sanctions list, including the U.S. Treasury's Specially Designated Nationals (SDN) list. You also agree not to use the Service in violation of any applicable export-control law.
2. Your Account
To access most features, you must register an account using a valid email address and a password. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
You may not share your account with others or create multiple accounts to circumvent free-tier limits, refund policies, or any restriction in these Terms.
3. Subscriptions, Billing, and Payments
The Service is offered as a free tier and a paid Pro tier. Current pricing is published at /pricing.html and may change with notice as set out below.
Payment processor. Paid subscriptions are sold and processed by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record for all purchases. When you subscribe, you also agree to Paddle's checkout terms. Paddle handles billing, taxes (VAT, sales tax, GST as applicable), invoicing, and chargebacks; we receive only the data necessary to provision your Pro entitlement.
Recurring billing. Subscriptions renew automatically at the end of each billing period (monthly or annual, depending on the plan you chose) at the then-current price, unless you cancel before the renewal date. You can cancel at any time from your account settings; cancellation takes effect at the end of the current paid period, and you retain Pro access until then.
Refunds. We offer a 14-day money-back guarantee on first-time subscriptions. See our Refund Policy for details.
Price changes. We may change subscription prices. If we do, we will give you at least 30 days' notice by email before the change takes effect on your renewal. You may cancel before the change takes effect.
4. Free Tier and Usage Limits
The free tier is offered subject to feature and usage limits published at /pricing.html. We may change these limits at any time. We may also rate-limit, suspend, or terminate free accounts that show signs of automated abuse, scraping, or attempts to evade limits.
5. Acceptable Use
You agree not to:
- Reverse-engineer, decompile, or attempt to extract source code from the Service, except as expressly permitted by law.
- Scrape, crawl, or programmatically extract data from the Service except via APIs we explicitly provide.
- Resell, sublicense, or republish data, scan results, or other outputs of the Service as if they were your own product.
- Use the Service to violate any applicable law, including securities and tax law in your jurisdiction.
- Interfere with, disrupt, or attempt to gain unauthorized access to the Service, our servers, or other users' accounts.
- Submit content that is unlawful, defamatory, or infringes the rights of others.
6. Market Data and Third-Party Sources
The Service displays market data sourced from third-party providers, including but not limited to Yahoo Finance (via the yfinance library). This data is provided to you on an "as-is" basis and may contain errors, delays, gaps, or inaccuracies. We do not guarantee its timeliness, completeness, or accuracy and we are not responsible for the practices of these third parties.
7. Intellectual Property
Our IP. The Service - including the software, design, scanning logic, scoring algorithms, backtester, and all text, graphics, and trademarks - is owned by SwingMentalist or its licensors and is protected by intellectual-property laws. Nothing in these Terms grants you ownership of any part of the Service.
Your content. You retain ownership of the content you input into the Service (trade journal entries, notes, watchlists, drawings). You grant us a limited, worldwide, royalty-free license to store, process, and display that content solely for the purpose of operating and improving the Service for you. We do not sell your trading data.
SwingMentalist is a software toolkit for self-directed traders. It is not a broker-dealer, investment adviser, financial planner, tax adviser, or legal adviser. Nothing on the Service constitutes investment advice, a recommendation, a solicitation, or an offer to buy or sell any security, derivative, currency, or other financial instrument. Scan results, backtester output, scores, and any educational material are for informational purposes only.
All trading decisions are yours and yours alone. You are solely responsible for evaluating the merits and risks of any decision you make based on information from the Service. Trading and investing involve substantial risk of loss, including the loss of your entire investment. Past performance, including backtester results, does not guarantee future results.
We are not registered with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the Israel Securities Authority (רשות ניירות ערך), or any other regulator as a broker, dealer, adviser, or fund manager. Before acting on any information from the Service, consult a qualified, licensed professional in your jurisdiction.
Educational and informational use only. The Service - including all scan results, scores, backtests, charts, journals, notes, and related materials - is provided solely for informational and educational purposes. It is a research tool to support your own decisions, not a recommendation to take any specific action.
No guarantee of profitability. We do not guarantee profitability, investment performance, or the success of any trading strategy. Any results you achieve depend on your decisions, your discipline, market conditions, and many factors outside our control. You can lose money trading even when using the Service exactly as designed.
Backtesting and hypothetical results. Backtester output is hypothetical and prepared with the benefit of hindsight. It reflects how a strategy would have behaved against historical data assuming idealized execution, no missed signals, and unchanged market structure. Simulated performance does not represent - and is no guarantee of - actual trading results. Real-world trading involves transaction costs, slippage, latency, partial fills, behavioral pressure, and regime changes that no backtest fully captures.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. We do not warrant that the Service will be error-free, that defects will be corrected, that market data will be accurate or timely, or that the Service will meet your requirements.
10. Limitation of Liability
To the maximum extent permitted by law, SwingMentalist and its affiliates will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, business opportunity, or trading losses, arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.
In no event will our total cumulative liability for any claim arising out of or related to these Terms or the Service exceed the greater of (a) the total fees you paid us for the Service in the twelve (12) months immediately before the event giving rise to the claim, or (b) USD 100.
Some jurisdictions do not allow certain exclusions of liability; in those jurisdictions our liability is limited to the greatest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless SwingMentalist from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your violation of these Terms, your misuse of the Service, your violation of any law, or your infringement of the rights of any third party.
12. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access (with or without notice) if you breach these Terms, if your use creates legal or security risk for us or other users, or if we discontinue the Service. On termination, your right to use the Service ends immediately; sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and governing law) will continue to apply.
We may also suspend or terminate accounts associated with fraudulent payments, abusive chargebacks, or refund abuse - including but not limited to initiating a chargeback for a charge we had already offered to refund, repeatedly subscribing and refunding to circumvent free-tier limits, or creating multiple accounts to evade a prior termination. Where permitted by law, we may recover from you any fees incurred as a result of such conduct, including chargeback fees imposed by our payment processor.
13. Changes to the Service
We may add, change, or remove features at any time. We aim to give reasonable notice for changes that materially reduce functionality for paying Pro subscribers; in that case, you may cancel and request a pro-rata refund of unused time.
14. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will notify you by email or via a notice in the Service before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Israel, without regard to its conflict-of-law principles. The exclusive jurisdiction and venue for any dispute will be the competent courts of the Tel Aviv–Jaffa District, Israel.
If you are a consumer resident in the European Union or the United Kingdom, mandatory consumer-protection laws of your country of residence will continue to apply to the extent they grant you broader rights.
16. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and SwingMentalist regarding the Service.
17. Contact
Questions about these Terms? Email [email protected].