Terms & Conditions
1. Scope
These General Terms and Conditions of Sale and Use (the "General Terms" or "T&C") govern all contractual relations between Arcadia Sàrl, CHE-433.761.958, operator of the website https://swissfirmup.com ("Swiss Firmup" or "the Company"), and any natural or legal person using or purchasing the services offered by the Company (the "Client").
These services include in particular the evaluation and qualification programs, access to the technical and digital tools, the dashboard, the educational resources, and the services enabling the transmission of a request to open a live account with a third-party provider.
Swiss Firmup provides exclusively digital, technical and educational services. The Company makes available:
- trading evaluation programs operating in a simulated environment;
- technical and IT tools enabling the Client to track their performance and access the platform;
- an interface enabling, upon successful completion of an evaluation program, the transmission of a request to open a live account with a third-party provider.
Swiss Firmup executes no orders, holds no trading funds, provides no direct access to financial markets and offers no service falling within regulated financial services. Swiss Firmup is not a financial services provider within the meaning of the applicable legislation.
It offers no wealth management, no financial advisory service, no order-execution service, no access to financial markets, and does not intervene in any way in the Client's trading decisions or transactions. The information, content and resources provided by Swiss Firmup are exclusively educational or technical.
Creating a user account, ordering a service, accessing the platform or using any of Swiss Firmup's services constitutes full and complete acceptance of these General Terms. The Client acknowledges having read them and accepts them without reservation.
Swiss Firmup reserves the right to amend these General Terms at any time. The applicable General Terms are those in force at the time of purchase or access to the service, except where an amendment is required by law or by a competent authority, in which case it shall also apply to contracts in progress. It is the Client's responsibility to consult the General Terms regularly in order to remain informed of any changes.
2. Formation of the contract
The contract between Swiss Firmup and the Client is validly concluded as soon as the Client purchases a service, creates a user account, or accesses the platform or the dashboard made available by Swiss Firmup. Any expression of intent by the Client to benefit from the services offered by the Company gives rise to a legally binding contract.
The purchase of a digital service or an evaluation program constitutes a firm, final and irrevocable commitment. From the moment access is activated, no right of withdrawal, cancellation or refund may be invoked by the Client, on any ground whatsoever. The Client acknowledges that access to the digital services begins immediately after purchase, which entails the express waiver of any right of revocation.
Access to the services provided by Swiss Firmup presupposes that the Client meets all the eligibility criteria defined in these General Terms, in particular as regards age, legal capacity and compliance with territorial and regulatory restrictions.
The Company may require from the Client any information or document necessary to verify their identity or eligibility. The Client's refusal or inability to provide the required information results in the suspension or cancellation of access to the services, without any refund being due.
Participation in an evaluation program, or achieving its objectives, in no way guarantees the opening of a live account with a third-party provider. The opening, management and closure of any live account fall exclusively within the competence and discretion of the third-party provider. The Client acknowledges that the Company has no decision-making power over the KYC/AML procedures, background checks or requirements imposed by the third-party provider.
Swiss Firmup reserves the right, at its sole discretion, to refuse any registration or any access to a service, in particular in the event of suspected fraud, abusive use, prior breach of the General Terms, or if the Company considers that access to the service is incompatible with compliance rules, legal risks or the legitimate interests of Swiss Firmup. Where a refusal is based on conduct or circumstances attributable to the Client, no refund will be granted.
3. Eligibility and restrictions
Access to the services provided by Swiss Firmup is reserved for persons aged at least eighteen who have full legal capacity. By creating an account or accessing the services, the Client confirms that they meet these conditions.
Access to the services may be limited or prohibited for persons residing in certain countries or territories. These restrictions result in particular from legal or regulatory requirements, or from rules imposed by third-party providers, in particular with regard to KYC/AML compliance.
The Client declares, under their sole responsibility, that they do not reside in a territory subject to legal or contractual restrictions, and undertakes to inform Swiss Firmup immediately of any change in their situation.
Certain jurisdictions may be excluded from access to the services on account of international sanctions, financial regulations, compliance measures or restrictions imposed by partner providers. Swiss Firmup reserves the right to prohibit access to its services to any Client:
- residing in a country or territory subject to international sanctions or applicable restrictions;
- whose access to a live account would be incompatible with the laws, regulations or policies of the third-party providers;
- whose participation could expose Swiss Firmup to legal or regulatory risks.
If a restriction is identified after purchase, access to the services may be suspended or removed without refund. It is the Client's responsibility to verify, before any registration, that they meet all the eligibility conditions, in particular territorial and regulatory ones.
No refund will be granted if the Client proves ineligible to: access the evaluation program; continue the program; access a live account with a third-party provider; or satisfy the KYC/AML requirements. The Client expressly acknowledges that ineligibility is a risk they assume in full.
4. User account
Access to Swiss Firmup's services requires the prior creation of a user account on the platform. The Client undertakes to provide accurate, complete and up-to-date information upon registration. Creating the account is an essential precondition for using the services, including access to the evaluation programs.
The Client guarantees the accuracy and truthfulness of the information they transmit to Swiss Firmup. Any subsequent change to this information must be communicated without delay. Swiss Firmup is in no way liable for the consequences of erroneous, incomplete, outdated or misleading data provided by the Client.
The user account is strictly personal and may not be shared, transferred, lent, sold or made available to third parties in any form whatsoever. Any use of the account by a person other than the Client constitutes a serious breach of these General Terms.
The Client undertakes to open only one user account, unless expressly authorized in writing by Swiss Firmup. The user account is unique, but the Client may freely subscribe to several qualification accounts (Q1 and Q2), without limitation, within their user account. These qualification accounts are distinct from the user account and do not constitute multiple accounts within the meaning of this clause.
The following are strictly prohibited:
- the creation of multiple accounts;
- the use of several identities or e-mail addresses;
- attempts to circumvent the limitations imposed;
- the opening of accounts through third parties or in the interest of third parties.
Any breach results in the immediate suspension of the account, without refund. The Client is solely responsible for the safekeeping, use and confidentiality of their credentials. Any activity carried out using their credentials is deemed to have been carried out by the Client. Swiss Firmup declines all liability for unauthorized access, loss of data or damage resulting from the Client's failure to comply with this obligation.
Swiss Firmup reserves the right to suspend or delete any user account in the event of: breach of these General Terms; suspicious or fraudulent activity; transmission of inaccurate or misleading data; conduct contrary to the legitimate interests of Swiss Firmup; or circumvention of the rules governing the use of the platform. No suspension or deletion of an account based on grounds attributable to the Client may give rise to a refund or compensation.
5. Payment
The prices applicable to the services offered by Swiss Firmup are those displayed on the Company's website at the time of purchase. Prices may be indicated in US dollars (USD) or in any other currency selected by Swiss Firmup. The Company reserves the right to change its prices at any time, without retroactive effect on purchases already made.
Payment is due immediately at the time of purchase. Access to the evaluation program or to the digital services is activated only after confirmation of payment.
The Client acknowledges that the services provided by Swiss Firmup are entirely digital, that their performance begins immediately after purchase, and that they may under no circumstances claim a refund once access has been activated, in accordance with article 6 of these General Terms.
Specific fees may apply to certain services, in particular: fees for restarting an evaluation program; fees related to moving to a live account; fees applied to an account-merge request; and any other additional service offered by Swiss Firmup. These fees are indicated on the website or on the Client's dashboard at the time of subscription and are borne entirely by the Client.
The Client undertakes to pay all amounts due in full and may not invoke any set-off, reduction, defence of non-performance or objection of any kind. The services are deemed to have been provided in full upon activation of access, which excludes any possibility of dispute or withholding of the price.
Payments may be made by credit card, electronic payment, or any other means offered by Swiss Firmup. Swiss Firmup is not responsible for commissions, exchange fees or taxes applied by the Client's banks or financial intermediaries.
In the event of refusal of payment, failed transaction, or unjustified dispute with a payment provider, Swiss Firmup may: immediately suspend the Client's access to the services; remove access to the evaluation program; terminate the contract; and claim payment of the costs incurred or damages resulting from the abusive chargeback. No refund or compensation will be due in the event of a suspension or removal attributable to a payment default by the Client.
6. No right of withdrawal, digital services
The services provided by Swiss Firmup are exclusively digital services whose performance begins immediately after confirmation of payment. As soon as the Client accesses the platform, the dashboard, the tools, the evaluation programs or any other content made available, the service is deemed fully activated and commenced.
In accordance with Swiss law applicable to digital services performed immediately, the Client has no right of withdrawal or cancellation after activation of access. By making the purchase, the Client expressly acknowledges waiving any right of return or refund once access to the service has been opened to them, even if they do not make use of it.
All payments made to Swiss Firmup are firm, final and non-refundable. In particular, no refund may be granted on account of a change of mind, a misunderstanding of how the program works, an inability to complete the evaluation, a disqualification or revocation linked to non-compliance with the rules, territorial or regulatory ineligibility, a failure of the third-party provider's KYC or AML procedures, or technical difficulties attributable to the Client's hardware, network or IT environment. The Client also acknowledges that no restitution will be granted where the conditions for access to a possible live account cannot be met with the third-party provider, the latter remaining exclusively responsible for its own requirements.
By ordering a service offered by Swiss Firmup, the Client expressly acknowledges that the digital service is performed immediately after payment, that they access its content before any theoretical withdrawal period, that performance of the contract begins instantly, and that they consequently waive, definitively and irrevocably, any right of withdrawal, cancellation or refund.
7. Client obligations
The Client undertakes to comply with all the rules, instructions, parameters, limitations and conditions defined by Swiss Firmup in connection with the use of the services, the evaluation programs and access to the platform. It is their responsibility to familiarize themselves with these rules before starting the evaluation or using the tools made available. Any ignorance or misinterpretation of the rules is attributable to the Client, without any possibility of challenging Swiss Firmup's decisions.
The Client undertakes to comply with all laws and regulations applicable in their country of residence, as well as those that may apply as a result of the use of Swiss Firmup's services or the possible opening of a live account with a third-party provider. It is their responsibility to verify that their participation, their trading activity and their use of the services do not contravene any legal or regulatory provision.
The Client undertakes to use the services provided by Swiss Firmup solely for personal purposes and within the framework set out in these General Terms. Any misappropriated, abusive or unauthorized use is strictly prohibited. The Client acknowledges in particular that they may not use the tools, simulations or information provided to offer services, advice or benefits to third parties.
The Client shall refrain from any conduct liable to alter, circumvent or manipulate the evaluation rules or the technical operation of the services. Prohibited conduct includes exploiting a technical flaw, circumventing the limitations imposed, simulating multiple connections, using different identities or attempting to mislead Swiss Firmup or a third-party provider. Any suspicious or potentially fraudulent activity results in the immediate suspension of the service and may lead to definitive termination.
The Client is responsible for protecting their computer equipment, the security of their internet connection, the integrity of their technical environment and keeping their software up to date. They are also required to keep their credentials confidential and to ensure that no third party accesses their account. Any security weakness, loss of access or compromise resulting from the Client's negligence is their sole responsibility.
The Client acknowledges that all trading decisions made in the context of an evaluation program or, where applicable, on a live account opened with a third-party provider, are made under their sole and entire responsibility. Swiss Firmup provides no investment advice, no recommendation and no trading signals, and exercises no form of supervision, influence or control over the Client's decisions.
8. Liability of Swiss Firmup
Swiss Firmup's liability is strictly limited to the obligations expressly provided for in these General Terms. The Company is liable only for direct damage resulting from gross negligence or intentional fault exclusively attributable to it. Any liability for indirect or consequential damage, such as financial losses, loss of income, loss of opportunity, loss of data, damage to reputation or any intangible harm, is expressly excluded to the extent permitted by Swiss law.
As Swiss Firmup is neither a financial services provider, nor a wealth manager, nor an investment adviser, the Company cannot be held liable for losses resulting from the Client's trading decisions, whether made in the context of an evaluation program or on a live account opened with a third-party provider. All trading is carried out under the Client's sole responsibility, irrespective of the tools, information or content made available by Swiss Firmup.
The third-party provider, in particular the partner broker, acts entirely independently and under its sole responsibility for all operations relating to the live account. Swiss Firmup exercises no control over the opening, management, suspension or closure of a live account, nor over the technical parameters, risk rules, accessible instruments, commissions, order executions or limitations imposed by the third-party provider. Consequently, Swiss Firmup declines all liability for any act, omission, error, interruption or decision originating from the third-party provider.
Swiss Firmup is not responsible for the failure of an evaluation program, nor for the consequences arising from it. The evaluation is based exclusively on the Client's ability to comply with the defined rules and objectives, and any ignorance, error, negligence, omission, misinterpretation or technical difficulty attributable to the Client cannot give rise to liability on the part of Swiss Firmup. Nor is the Company responsible for the Client's level of skill or their ability to achieve the objectives set.
The Company declines all liability in the event of interruption, disruption or difficulty of access linked to breakdowns or failures originating from equipment, software, networks, third-party platforms or external providers. The Client assumes responsibility for having an adequate and secure technical environment. Swiss Firmup guarantees neither the continuous availability of its services nor the absence of errors, delays or malfunctions.
The Client acts entirely independently in using the evaluation programs or, where applicable, the live account with the third-party provider. Swiss Firmup guarantees no result, performance, income or success. No element provided by Swiss Firmup, whether tools, data, educational guidance or informative resources, may be interpreted as a guarantee of profit or an assurance of success. The Client acknowledges that they fully assume the risks associated with their activity.
Swiss Firmup is not liable for delays, interruptions or impossibility of performance resulting from circumstances constituting force majeure, understood as any unforeseeable, irresistible event beyond the Company's control, including in particular widespread outages, major cyber-attacks, infrastructure interruptions, natural disasters, conflicts, government decisions or any other situation rendering performance of the contract impossible or disproportionately difficult. During any period of force majeure, Swiss Firmup's obligations are suspended.
9. Regulatory warnings and risks
The Client acknowledges that any trading activity, whether carried out in a simulated environment or on a live account opened with a third-party provider, involves significant financial risks. Substantial losses may be incurred, up to the total loss of the capital invested. The Client declares that they are fully aware of these risks and affirms that they have the knowledge, experience and financial situation necessary to assess and independently assume all the consequences associated with their trading activity.
Swiss Firmup carries out no investment-advice activity, wealth management, order execution or personalized recommendation. The tools, information, educational resources, data, charts or content made available by Swiss Firmup constitute neither a proposal, nor an inducement, nor a recommendation to buy, sell or hold a financial instrument. Their purpose is exclusively educational or technical. The Client remains solely responsible for their decisions.
The content provided by Swiss Firmup, whether presented on the platform, in the dashboard or in any associated material, is strictly general and informative in nature. It does not take account of the Client's personal situation and may in no way be interpreted as financial analysis, expert opinion or a guarantee of future performance. The Client undertakes not to base their trading decisions on this content.
Where results presented in the context of an evaluation program are based on simulations or historical data, the Client acknowledges that this performance does not reflect transactions carried out on a real market. Simulated results have significant limitations, since they do not take account of, among other things, real market conditions, fees, latency, liquidity, or the trader's emotional reactions. They in no way constitute a reliable indication of future performance. Swiss Firmup does not guarantee that results obtained in a simulated environment will be reproduced, in whole or in part, in a live environment.
Swiss Firmup guarantees no income, no financial gain, no minimum performance and no result linked to the use of the evaluation programs, the technical tools or, where applicable, the live account opened with a third-party provider. All trading activity is the exclusive responsibility of the Client, who acknowledges that no promise, guarantee or performance projection has been made by Swiss Firmup or on its behalf.
The Client acknowledges that it is their responsibility to assess their own financial situation, risk tolerance, level of skill, and the appropriateness of using the services offered. They are solely responsible for seeking, where necessary, independent financial, legal or tax advice before starting or continuing any real or simulated trading activity. Any decision taken by the Client, whether relating to an evaluation program or a live account, is made at their own risk.
10. Intellectual property
All content, technical elements, interfaces, texts, data, graphics, videos, images, trademarks, logos, educational resources, software structures, tools, features, designs, databases, and any other element made available by Swiss Firmup, whether accessible on the platform, in the dashboard, in the evaluation programs or in any communication, is protected by Swiss intellectual property law and by the applicable international treaties.
Swiss Firmup remains the sole holder of all intellectual property rights relating to this content and these elements, or holds the rights necessary to exploit them.
The Client acquires no intellectual property right over the services or the content made available. They benefit only from a personal, limited, non-exclusive, non-assignable, non-transferable and revocable right of use, strictly necessary for the performance of the contract. This right of use is granted for the duration of access to the service and ends automatically upon termination of the account or the end of the program concerned.
Any reproduction, modification, adaptation, translation, communication, dissemination, distribution, data extraction, reverse engineering, decompilation, copying, sharing or exploitation of the protected content or elements, in whole or in part, is strictly prohibited without the prior written authorization of Swiss Firmup.
It is also prohibited to use Swiss Firmup's content or tools, even partially, to create a competing service, to feed a training program, or to provide third parties with services based on Swiss Firmup's resources.
The Client undertakes to respect the integrity of Swiss Firmup's rights at all times and to take no action liable to infringe, directly or indirectly, the Company's intellectual property. Any breach found results in the immediate termination of the right of access, without refund, and may give rise to civil or criminal proceedings based on the infringement of intellectual property rights.
11. Confidentiality
The Client undertakes to strictly preserve the confidentiality of all information to which they gain access in connection with the use of Swiss Firmup's services.
The following, without limitation, are considered confidential: all communications, internal resources, documents, tools, technical data, trading parameters, algorithms, exchanges with support, information transmitted in the context of the evaluation program, and any element relating to the internal operation of the platform. This information may not be disclosed, copied, shared or exploited for any purpose other than the use of the services in accordance with these General Terms.
The Client acknowledges that the data, results, exchanges or information received individually, including activity statements, account parameters, technical feedback and any personalized communication, are provided exclusively for their personal use within the framework of the program or service subscribed to. They shall refrain from making this information public, directly or indirectly, in particular on social networks, forums, community platforms, or to third parties, without the prior written agreement of Swiss Firmup.
Swiss Firmup also undertakes to treat the Client's personal information as confidential, subject to the obligations arising from the law or from the requirements imposed by third-party providers, in particular in the context of KYC and AML procedures. The confidentiality applied by Swiss Firmup does not, however, prevent the transmission of information where this is necessary for the performance of the contract, the prevention of fraudulent activities, or compliance with legal or regulatory obligations.
Any breach of the confidentiality obligation by the Client constitutes a serious breach of the contract and may result in the immediate suspension or termination of their access to the services, without refund. Swiss Firmup reserves the right to take any necessary action, civil or criminal, to protect its interests, its internal data and its intellectual property rights.
12. Data protection
Swiss Firmup processes the Client's personal data in accordance with Swiss data protection legislation, in particular the Federal Act on Data Protection (FADP). Processing takes place exclusively to enable the performance of the contract, access to the services, and the technical and administrative management of the platform.
Where certain data must be transmitted to third-party providers, in particular in the context of the KYC or AML procedures required for the opening of a live account, this transmission takes place to the extent strictly necessary for the purpose pursued. The Client acknowledges that they will be able to access a live account only if they satisfy the legal and regulatory requirements of these providers.
Swiss Firmup implements reasonable measures to protect the Client's data. The Client nevertheless acknowledges that any electronic transmission involves an inherent risk and that no system can offer absolute security.
The full details of data processing, the purposes, the retention period, the Client's rights and any transmissions to third parties are set out in Swiss Firmup's Privacy Policy. This Policy, a separate document complementary to these General Terms, forms an integral part of the contractual framework. The Client undertakes to read it before any use of the services.
13. Conduct on the platform
The Client undertakes to behave in a respectful, fair manner consistent with the normal use of the dashboard and the services provided by Swiss Firmup. It is their responsibility to ensure that their use of these services does not disrupt their operation, does not damage the technical integrity of Swiss Firmup's systems and does not compromise the experience of other users.
The Client acknowledges that the trading platform or software used in the context of the evaluation program or the live account is provided by an independent third-party provider. The Client remains free to choose or use the platform made available by the provider concerned, and Swiss Firmup is involved neither in its operation, nor in its configuration, nor in its use. Consequently, the obligations of this article concern only the tools, interfaces and services controlled by Swiss Firmup.
Any abusive, aggressive, defamatory or insulting attitude, or one liable to harm the image, reputation or legitimate interests of Swiss Firmup, constitutes a serious breach of these General Terms. The same applies to any attempt at harassment, manipulation, intimidation or pressure exerted on Swiss Firmup's teams or on other users.
The Client shall also refrain from any form of misuse of the platform, in particular the use of circumvention techniques, robots, scripts or automated tools, or any device enabling the manipulation of data, the evaluation rules, or the proper conduct of the programs. Any attempt at unauthorized access, modification of technical parameters, or destabilization of the infrastructure is strictly prohibited.
Swiss Firmup reserves the right to suspend or terminate the Client's access to the services immediately in the event of conduct contrary to these provisions, without notice and without any compensation or restitution being claimable. Such a decision may be taken even in the absence of malicious intent, where the Client's conduct jeopardizes the security, compliance or reputation of the platform.
14. Severability
If any provision of these General Terms is declared void, invalid or unenforceable, such nullity shall not affect the validity of the other provisions, which remain fully applicable. The provision concerned shall be replaced by a valid clause pursuing, as far as possible, the same economic and legal purpose as the invalid clause. The same shall apply in the event of a gap requiring these General Terms to be supplemented.
15. Governing law
These General Terms are governed exclusively by Swiss law. The Client acknowledges that Swiss substantive law applies in full to the contractual relationship, irrespective of their place of residence or nationality.
16. Jurisdiction
Any dispute arising from these General Terms or related to the use of the services offered by Swiss Firmup falls within the exclusive jurisdiction of the courts at the registered office of Arcadia Sàrl, subject to mandatory legal provisions to the contrary.
Swiss Firmup nevertheless retains the right to bring an action before the courts of the defendant's domicile or registered office, where appropriate. The Client waives any other territorial jurisdiction.
17. Contact
All communication relating to these General Terms or to the services provided by Swiss Firmup must be sent to the Company's official address. The Client may contact Swiss Firmup by e-mail at info@swissfirmup.com or by any other means of communication indicated on the website or in the Company's documentation. Any request must be made clearly, completely and in compliance with these General Terms.