Terms and Conditions

1.1 Welcome to Sway Funded FZCO (referred to as the “Company”), granting the user (“you” or the “Trader”) a limited license to utilize the services (the “Services”) provided by the Company, subject to the terms and conditions outlined in this document (the “Agreement”).

1.2 This Agreement constitutes a legally binding contract. It is essential to thoroughly read and comprehend the terms and conditions before accessing or using the Services offered by the Company. By utilizing the Services, you express your agreement to abide by the terms and conditions set forth in this Agreement.

1.3 The Company retains the right to, at its sole and absolute discretion, suspend, replace, modify, amend, or terminate this Agreement at any time. Should the Company choose to replace, modify, or amend this Agreement, your ongoing use of the Services following the Effective Date of such changes will signify your acceptance of any replacement, modification, or amendment to this Agreement.

2.1 By engaging with the Services, you affirm that you are a minimum of eighteen (18) years old, possess sound mental faculties, and have the legal capacity to consent to and be obligated by the terms and conditions outlined in this Agreement. If you are using the Services on behalf of a business entity or another third party, you assert that you have the actual authority to act as an agent for that entity or a third party. Additionally, you confirm that you have the proper authorization and capability to consent to and legally bind that third party or business entity to the terms of this Agreement on its behalf.

2.2 You declare that your utilization of the Services complies with all applicable laws, regulations, ordinances, statutes, or treaties governing individuals or business entities in the jurisdiction of your residence. Furthermore, you affirm that your agreement to this the terms and conditions is not restricted by the terms of any preexisting agreement.

Limited License

3.1 The Company grants you a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to utilize the Services for their customary and intended purposes. Without the prior written consent of the Company, you are explicitly prohibited from engaging in scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services or the Company Website, whether in whole or in part.

3.2 You recognize and agree that your restricted use of the Services does not confer upon you any license or intellectual property rights related to the Company's technology, intellectual property, copyrights, trademarks, or trade secrets, or those of any third-party contractor. It is acknowledged that your use of the Services is governed by the terms of this Agreement, and you explicitly commit not to employ the Services in any manner unauthorized by the terms herein. The Company retains all rights not expressly granted under this Agreement.

3.3 This license is subject to revocation at any time without prior notice, and the Company reserves the right to assert any rights not explicitly conveyed in this Agreement.

Services

4.1. Trader can order the Services through the Website by completing the appropriate Order form. After registration, we will send via e-mail to the Trader the login details for the Trading Platform and allow Trader to access it.

4.2. The Services include Assessment (Phase 1), Confirmation (Phase 2), and Funded Account by Sway (Phase 3).

4.3. The Assessment (Phase 1) may be used for an amount of days according to the parameters on our Website. Completing the Assessment phase does not guarantee the trader to get access to Confirmation (Phase 2).

4.4. The Confirmation (Phase 2) may be used for a limited or unlimited amount of days according to the parameters on our Website. Completing the Assessment phase does not guarantee the Trader to get access to Funded by Sway (Phase 3).

4.5. All data that Trader provides to us through the registration or order form, or otherwise must be complete, true, and up to date. Trader must immediately notify us of any change in his/her data. The Trader is responsible for all the provided data being accurate and up to date; the Company may verify the data.

4.6. Trader acknowledges that if Trader is a legal entity, the Trader will be considered as a Corporate (Trader).

4.7. The fee for the Sway Funded Challenge varies according to the option selected and depends on the amount of the initial capital, the degree of the acceptable risk, the parameters that must be satisfied so that the conditions of the Sway Funded Challenge and the subsequent Assessment are met, and possibly other requirements. More detailed information on individual options and credit/s for those options are provided on our Website. The final fee for credit/s will be determined based on the option Trader selects.

4.8. Upon payment of the established fee for purchase of challenge and/or credit/s, the Trader is eligible to purchase the respective Sway Funded Challenge. Upon purchase of the challenge and/or the challenge with credits the Trader is granted access to the Sway Funded Challenge. The Trader is not entitled to a refund of the fee for the challenge and/or credit/s, including but not limited cases when the Trader cancels the participation and requests the cancellation by e-mail, when the Trader terminates the use of the Services prematurely (eg. fails to complete the Sway Funded Challenge or the Assessment or Confirmation), fails to meet the conditions of the Sway Funded Challenge or the Confirmation, or violates these terms and conditions.

4.9. Trader’s choice of the option of the Sway Funded Challenge when making an order shall also apply to the subsequent Assessment and Funded Account. Once Trader has made the selection, it is not possible to change it.

4.10. The Company reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change(s) have immediate effect on all challenges purchased prior to the enforcement of the change(s). It is the Trader's responsibility to regularly review and acknowledge any changes in fees, service parameters, and/or conditions affecting the successful completion of services, especially before initiating any transactions and/or trades.

4.11. Any data entered in the Order form can be checked, corrected, and amended until it is submitted. The Company will confirm the receipt of Trader’s payment via email to Trader’s e-mail address. This confirmation to Trader’s e-mail address is deemed as the contract execution. The contract is concluded in English and has a binding effect thereof.

4.12. Trader acknowledges that the appropriate technical equipment and software are to be obtained at his/her own risk and expense. The internet access, purchase of the equipment and purchase of the web browser and its updates are at Trader’s own risk and expense. The Company does not warrant that the Services are compatible with Trader’s software.

4.13. If the Trader places an unusually large number of orders for the Services within an unreasonably short period of time, the Company may notify the Trader as a protective precaution to mitigate potentially harmful behaviour of the Trader. If such unreasonable behaviour continues after such notice, we reserve the right to suspend any further orders of the Services by the Trader. If we identify that the unusual behaviour as per this paragraph relates to the Trader’s involvement in Forbidden Trading Practices, we may take respective actions as identified in Section 7 of these terms and conditions. The Company reserves the right to determine, at its own discretion, the nature of the behaviour.

Payments

5.1. The amounts of fees for the challenge and /or credit/s purchase for the Sway Funded Challenge can be paid in a currency that is listed on the Website. The Trader acknowledges that if the payment is made in a currency other than the one the Trader has chosen on the Website, the amount will be converted according to the current exchange rates available to the Company, valid at the time of payment.

5.2. Trader can pay the fee for challenge and/or credit/s purchase for the selected option of the Sway Funded Challenge by the payment methods that the Company currently offers on the Website.

5.3. The fee for the challenge and/or credit/s purchase is considered paid when its full amount is credited to the Company’s account. If Trader does not pay the amount on time, the Company is entitled to cancel Trader’s challenge and/or credit/s order. Trader bears all fees charged by the selected payment service Company in connection with the transaction and the Trader is obliged to ensure that the respective fee for the challenge and/or credit/s purchase for the selected Sway Funded Challenge is paid in full.

Trader Account

6.1. Only one Trader Account is permitted per Trader at any time, however, the Trader can have multiple funded trading accounts. The total number of Funded Trading accounts may be limited depending on the total sum of the initial capital amounts of the products ordered by the Trader or based on other parameters. Trader is not entitled to transfer or merge his/her performance, Service parameters, data, or any other information between the Funded trading accounts.

6.2. The total number of Sway Funded Challenges and Confirmations per one Trader is not limited. Trader is not entitled to transfer or merge Trader’s performance, Service parameters, data or any other information between the products.

6.3. Access to the Account and Funded Trading Account is protected by login data, which the Trader should not provide or share with any third party. If the Trader has registered as a legal entity, the Trader may allow the use of the Services to the Trader’s authorized representatives. Trader is responsible for all activities that are performed through the Trader’s Account or Funded Trading Account. The Company takes no responsibility, and the Trader is not entitled to any compensation, for any misuse of the Trader Account, Funded Trading Account, or any part of the Services, nor is the Company responsible for any negative consequences thereof for the Trader.

6.4. The Trader acknowledges that the Services may not be available 24/7, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Company bears no responsibility, and the Trader is not entitled to any compensation, for the unavailability of Services.

6.5. The Trader may at any time request the cancellation of the Trader Account by sending an e-mail to support@swayfunded.com. Sending a request for the cancellation of the Trader Account is considered as a request for termination of the business relationship by the Trader, with the Trader being no longer able to use the Services, including the Trader Account and Funded Trading Account. The Company will confirm the receipt of the request to the Trader by e-mail, whereby the contractual relationship between the Trader and the Company will be terminated. In such case, the Trader is not entitled to any refund of the fees and or credit/s already paid or costs otherwise incurred.

Prohibited-uses

7.1 The use of the Services for the violation of any law, statute, ordinance, regulation, or treaty, be it local, state, provincial, national, or international, or for the infringement of third-party rights, including but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights, is expressly prohibited.

7.2 Furthermore, you are explicitly prohibited from engaging in scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, conducting denial of service (DOS) attacks on, reverse engineering, or bypassing technological protection measures associated with the Services or the Company website.

7.3 The Services or the Company website must not be used for transmitting unsolicited commercial emails to third parties or other users of the Services. While the Company is not held responsible for content posted by its Traders and is not obligated to actively monitor such content, the company retains the right to eliminate any content of such nature.

7.4 You are also prohibited from using any trading strategy, method or technique that is expressly prohibited by the Company or the Brokers it uses. Such prohibited trading (“Prohibited Trading”) includes, but is not limited to:

- Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker

- Utilizing non-public and/or insider information

- Front-running of trades placed elsewhere

- Trading in any way that jeopardizes the relationship that the Company has with a Broker or may result in the canceling of trades

- Trading in any way that creates regulatory issues for the Broker

- Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded demo account, as determined by the Company in its sole determination

- Hedging positions across different accounts, the challenges will be deactivated and your accounts will be blocked immediately.

7.5 If, at its sole discretion, the Company determines that your trading falls under Prohibited Trading, your participation in the program may be terminated, potentially resulting in the forfeiture of any fees and or credit/s paid. Furthermore, prior to receiving a funded sim, the Company will scrutinize your trading activity to assess whether it constitutes Prohibited Trading. In instances of Prohibited Trading, the Trader may not be eligible to receive a funded sim.

7.6 Moreover, the Company retains the right, at its sole and absolute discretion, to prohibit or block any individual from accessing or participating in the program for any reason.

Sway Funded Challenge Assessment and Confirmation

8.1. After paying the fee for the purchase of challenge and/or credit/s for selected option of the Sway Funded Challenge, the Trader will receive the relevant login details for the Assessment Account at the e-mail address provided by the Trader. The Challenge begins upon successful payment for the challenge and or payment with credit/s for the corresponding challenge.

8.2. In order for the Trader to meet the conditions of the Assessment Phase, the Trader must satisfy the parameters at the same time by the end of the challenge, more information can be found on our Website.

8.3. If the Trader has met the parameters of the Sway Funded Assessment Phase specified in clause 8.2, and at the same time has not violated these terms and conditions, the Company will deem the Assessment Phase as successful and will provide with the Confirmation details to the Trader’s e-mail address.

8.4. The activation of the Confirmation Phase will begin upon the successful completion of the Assessment Phase.

8.5. For successful completion of the Confirmation Phase the Trader must fulfil all the following parameters at the same time by the end of the Confirmation, more information about the parameters can be found on our Website.

8.6. If during the Assessment Phase the Trader does not comply with any of the conditions specified in in the Website, the Challenge will be deemed as unsuccessful, and the Trader will not be allowed access to the subsequent Confirmation. If during the Confirmation the Trader does not comply with any of the conditions specified in clause 8.5, the Confirmation will be evaluated as unsuccessful, and the Trader will not be deemed as a candidate for the Funded by Sway Phase.

8.7, the Confirmation will be evaluated as unsuccessful, and the Trader will not be deemed as a candidate for the Funded by Sway Phase.

8.7. The Trader hereby acknowledges that upon successful completion of the Confirmation Phase, the Company will perform an evaluation on the trading history and characteristics of the Trader, Including, but not limited to: Trading style, volume of trades, profitability, consistency and frequency of trading etc. to determine the risk profile of the Trader. The Trader acknowledges that the Company reserves the right to perform further evaluation of trading activity and/or reject the offer for Funded account. In such case, the Trader shall remain entitled to the entry fee or credit/s paid for Sway Funded Challenge participation.

Profits and Withdrawals

9.1 If the Trader is successful in both Assessment Phase and Confirmation and passes the trading evaluation, the Trader will be sent via e-mail a confirmation of the start of the Funded by Sway Account.

9.2 The Trader will be able to trade on the account, but he/she won’t be entitled for any withdrawals of funds, which are owned by the Company.

9.3 The Trader can withdraw using a payment method available on our Website.

9.4 Profit sharing payments will be made periodically as defined in our Website.

9.5 The profit sharing will be calculated on an 80/20 percentage bases. The Trader is entitled to 80% (eighty) of the profits made excluding the Company’s funds.

9.6 Upon successful completion of the Assessment and Confirmation Phases and successful evaluation by the Company:

Trader’s entry fee paid for credit/s will be credited to the pending payouts, this condition is valid in case the Trader did not breach any of the parameters as stated in the Website.

Restricted Countries

10.1 The Company restricts and reserves the right to restrict future access to all or some parts of the Website and/or Services in respect of certain jurisdictions. Trader fully understands and agrees that we are not liable if the country of your location or residence becomes restricted. Restricted Countries include, but are not limited to, individuals residing in:

AFGHANISTAN, BOTSWANA, BURMA(MYANMAR), THE DEMOCRATIC REPUBLIC OF THE CONGO, CRIMEA, CUBA, ETHIOPIA, IRAN, IRAQ, JAPAN, LEBANON, LIBYA, MALTA, NORTH KOREA, PAKISTAN, THE REPUBLIC OF THE CONGO, THE RUSSIAN FEDERATION, SOMALIA, SRI LANKA, SUDAN, SYRIA, TRINIDAD AND TOBAGO, TUNISIA, UNITED ARAB EMARITES, VIETNAM, YEMEN, AUSTRALIA, NEW ZEALAND AND ZIMBABWE

Education

11.1 The Company does not offer any trading education services. Its objective is to identify individuals with proven trading abilities. The Company does not facilitate live trading during the challenge phases or funded simulation. Successful assessment participants, as determined by the Company, will be granted a Funded by Sway account for trading within a live simulated environment, governed by the terms of an agreement with Sway Funded.

11.2 While the Company may furnish data, information, and content regarding investment approaches and trading opportunities, such material is solely for general informational and educational purposes. The Company does not advise or suggest that the Trader take any specific action based on the information and materials provided. It is crucial not to interpret any data, information, content, or materials as investment, financial, tax, legal, or any other form of advice.

11.3 Additionally, the Company makes no assurances regarding the accuracy or completeness of any data, information, or content on its website. You are solely responsible for assessing the merits and risks associated with using or relying on such material. By using data, information, or content from the Company website, you agree not to hold the Company, its officers, employees, agents, or affiliates liable for any potential claims of damages arising from decisions made based on such material.

11.4 Although the Company does not enable you to engage in actual trading or investment with real funds, it is essential that you comprehend the inherent risks associated with trading and investing. Recognize that the risk of loss in trading and investing is significant and substantial. The use of leverage can either work in your favor or result in significant losses.

11.5 Leverage has the potential to magnify losses further, and it's crucial to note that past performance does not guarantee future results.

11.6 It is important to thoughtfully evaluate whether trading and investing align with your investment objectives, level of experience, and risk tolerance. If you are uncertain, seeking advice from a financial advisor and/or tax advisor is recommended.

Account Creation

12.1 To register as a Trader, you will need to furnish personal information, including, but not limited to, your name, copies of government-issued identification documents (such as passports, driver’s licenses), credit reports, email address, mailing address, phone number, date of birth, and a unique username and password for your account. The handling of this information is governed by the Company’s privacy policy, available at https://www.swayfunded.com/privacy.

12.2 Your demo account is strictly personal and may not be shared with any other individual. Purchasing an account on behalf of a third party or having an account acquired for you by a third party is not allowed. It is your responsibility to maintain the confidentiality of your username and password. If there are suspicions of your account being compromised or breached, prompt notification to the Company is required.

12.3 Traders are limited to 5 active challenges at a time, absent prior written approval from the Company.

Purchase and Refunds

13.1 The Company may offer products, services, subscriptions, or access to specific sections of its website at a monetary cost. Prices and availability are subject to change without prior notice. The change does not affect the Services purchased before the change is notified. The Company may facilitate such purchases through its website or a white label affiliate. It is your responsibility to carefully read and comprehend any terms and conditions associated with such purchases.

13.2 By making any such purchases, you acknowledge that the Company bears no responsibility and is not liable for any claims related to your acquisitions.

13.3 Upon the successful purchase of a product, service, subscription, or access to specific sections of the Company website, the Company will grant you access following transaction approval.

13.4 No refunds are provided for any Services purchased from the Company. In cases where required by the payment processors, we may, at their sole discretion, request additional documentation or information to proceed with the challenge. Failure to provide the requested documentation within 24 (twenty-four) hours may result in limited or revoked access to the Services. Providing documentation does not guarantee eligibility or access to the Services.

Guideines

14.1 The Company will furnish guidelines related to the Services on its website and via email upon your becoming a Trader. These guidelines, subject to change at the Company's sole discretion, are fully incorporated into this Agreement. The Company does not guarantee future employment as a trader, future monetary payments, or any other form of compensation or remuneration to you as a Trader.

Trademarks

15.1 You acknowledge that all trademarks, trade names, design marks, or logos displayed on the Company website are common law or registered trademarks owned by or licensed to the Company. Using the Company's trademarks for any purpose is expressly prohibited. The Company and its suppliers and licensors reserve all intellectual property rights in materials on the Company's website.

15.2 The Company names, logos, and related products and services are trademarks or service marks of the Company. All other marks belong to their respective owners. Access to the Company website does not grant authorization to use any name, logo, or mark.

15.3 All materials on the website are intended for personal, non-commercial use. No rights are transferred through downloading or copying. Reproduction, modification, distribution, or any other use is prohibited without prior written permission.

Simulated Trading Risk Disclosure

16.1 The Company offers a simulated trading environment that does not involve real-time market transactions. Before deciding to engage in live market trading, it is essential to carefully assess your investment goals, experience level, and risk tolerance. Above all, avoid investing money that you cannot afford to lose.

16.2 In contrast to simulated trading, engaging in any real live market over-the-counter transaction carries significant risks. These risks include, but are not limited to, leverage, creditworthiness, limited regulatory protection, and market volatility, all of which can significantly impact the prices of the traded products.

16.3 Additionally, the leveraged nature of over-the-counter live market trading means that any market movement will proportionally affect your funds. This effect can either work in your favor or against you.

16.4 Utilizing an Internet-based system for both simulated and live market trading involves inherent risks, such as potential hardware, software, and Internet connection failures. The Company cannot be held responsible for communication failures or delays that may occur during simulated trading via the Internet. To mitigate the risk of system failure, the Company employs backup systems and contingency plans.

16.5 Significant differences exist between live simulated trading and actual live market trading; results may not be comparable. You should not assume that any results you achieve in simulated trading with the Company will be comparable to those you experience in actual live market trading.

Terms and Conditions

17.1 Commencing upon the acquisition of any Company Services, this Agreement remains in effect until either the Company terminates your access or you cease using the Services.

17.2 The Company holds the right to terminate the Services or your access to them, as well as the Company website, at its sole and absolute discretion, and without prior notice.

Disclaimer of Warranties and Limitation of Liability

18.1 By using the service and accessing the Company website, you acknowledge and agree that they are provided on an 'as-is' basis and without any warranty, including but not limited to warranties of title, merchantability, accuracy, fitness for a particular purpose, security, and non-infringement. To the extent permitted by law, you acknowledge that the Company will not be held responsible or liable for any claims, damages, judgments, charges, or fees arising from information on the Company website and your use of or access to the service or the Company website. This includes, but is not limited to, compensatory damages, consequential damages, special damages, incidental damages, punitive damages, exemplary damages, costs, attorneys’ fees, damages arising from errors or omissions, and damages arising from the unavailability of the website or downtime. You recognize that your use of the services and/or the Company website is at your own risk, and the Company's liability is limited to the amount you paid to use the services or $1,000, whichever is less.

Indemnification

19.1 Your duty to defend the Company does not grant you the authority to control the Company’s defense. The Company reserves the right to manage its defense, including the selection of legal counsel and the decision to litigate or settle a claim subject to indemnification.

Dispute Resolution

20.1 You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning the interpretation of this Agreement or your use of the Services, will be settled by arbitration conducted in Dubai Silicon Oasis Arbitration Centre (DSOAC) or any other arbitration center designated by the Dubai Silicon Oasis Authority (DSOA).

Force Majeure

21.1 The Company shall not be liable to Trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.

Survivability

22.1 The representations, warranties, duties, and covenants made by you under this Agreement will survive termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.

Servability

23.1 In the event that any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.

Interpretation

24.1 This Agreement shall be construed and interpreted in accordance with the laws of Dubai Silicon Oasis, United Arab Emirates without regard to choose of law provisions thereof. This Agreement shall be deemed to have been drafted by both parties, and the terms and conditions of this Agreement may not be interpreted against the party that prepared this Agreement.

Assignment

25.1 You may not assign your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.

Waiver

26.1 No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged.

Entire Agreement

27.1 This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.