Terms of Service
Legal terms and conditions for our services
Last updated: January 2024
Table of Contents
Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and 24Swiss AG ("24Swiss," "we," "us," or "our"), a Swiss corporation registered in Zurich, Switzerland. These Terms govern your use of our liquidity provider services, trading platforms, and related services.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
1. Acceptance of Terms
By creating an account, accessing our platform, or using any of our services, you expressly agree to:
- Comply with these Terms and all applicable laws
- Provide accurate and complete information
- Maintain the confidentiality of your account credentials
- Accept full responsibility for all activities under your account
- Regularly review these Terms for updates
If you do not agree to these Terms, you must not use our services.
2. Our Services
24Swiss provides institutional-grade liquidity services, including but not limited to:
Liquidity Provision
- Foreign exchange (Forex) liquidity
- Cryptocurrency liquidity
- Precious metals and commodities
- Indices and equity CFDs
Prime Brokerage Services
- Multi-asset trading infrastructure
- Risk management solutions
- Settlement and clearing services
- Reporting and analytics
Technology Solutions
- API connectivity and integration
- FIX protocol support
- Real-time market data feeds
- Custom trading solutions
Service Availability: We strive to maintain continuous service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, technical issues, or market conditions.
3. Eligibility Requirements
To use our services, you must meet the following criteria:
General Requirements
- Be at least 18 years old (or the age of majority in your jurisdiction)
- Have legal capacity to enter into binding agreements
- Not be a resident of restricted jurisdictions
- Comply with all applicable laws and regulations
Institutional Requirements
- Be a licensed financial institution or regulated entity
- Meet minimum capital requirements as specified
- Provide evidence of regulatory authorization
- Demonstrate adequate risk management capabilities
Restricted Jurisdictions
Our services are not available to residents of certain jurisdictions, including but not limited to countries subject to international sanctions or where our services would violate local laws.
4. Account Registration and Verification
Registration Process
To access our services, you must:
- Complete the account registration process
- Provide accurate and complete information
- Submit required documentation for verification
- Agree to these Terms and our Privacy Policy
Know Your Customer (KYC)
We are required to verify your identity and may request:
- Government-issued identification documents
- Proof of address and business registration
- Financial statements and regulatory licenses
- Information about beneficial ownership
- Source of funds documentation
Account Security
You are responsible for:
- Maintaining the confidentiality of login credentials
- Implementing appropriate security measures
- Promptly notifying us of any security breaches
- Regularly updating account information
5. Trading Terms and Conditions
Order Execution
- Orders are executed on a best-effort basis
- Execution may be subject to market conditions and liquidity
- We reserve the right to reject orders in certain circumstances
- Order modifications and cancellations may not always be possible
Pricing and Spreads
- Pricing is based on market conditions and liquidity providers
- Spreads may vary based on market volatility and liquidity
- We may adjust pricing during volatile market conditions
- Historical pricing data is provided for informational purposes only
Risk Management
- Position limits and risk controls may be applied
- Margin requirements may change based on market conditions
- We may close positions to manage risk exposure
- Stop-loss and take-profit orders are not guaranteed
Market Hours
Trading hours vary by instrument and market. We provide indicative trading hours, but actual availability may differ due to market conditions, holidays, or technical issues.
6. Fees and Payment Terms
Fee Structure
Our fees may include:
- Trading commissions and spreads
- Account maintenance fees
- Data feed and platform fees
- Wire transfer and payment processing fees
- Inactivity fees for dormant accounts
Payment Terms
- Fees are typically deducted from your account balance
- Payment methods may include bank transfers and approved payment processors
- All fees are non-refundable unless otherwise specified
- We reserve the right to modify fees with appropriate notice
Currency and Conversion
Fees may be charged in various currencies. Currency conversion rates are determined by prevailing market rates and may include a conversion fee.
7. Regulatory Compliance
Anti-Money Laundering (AML)
We maintain comprehensive AML policies and procedures, including:
- Customer due diligence and enhanced due diligence
- Transaction monitoring and suspicious activity reporting
- Sanctions screening and compliance
- Record keeping and reporting requirements
Regulatory Reporting
We may be required to report trading activities and positions to regulatory authorities. You consent to such reporting as required by applicable laws.
Tax Obligations
You are solely responsible for determining and fulfilling your tax obligations. We may provide transaction reports but do not provide tax advice.
8. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
Trading Violations
- Market manipulation or abusive trading practices
- Front-running or insider trading
- Scalping or high-frequency trading without authorization
- Using unauthorized trading algorithms or systems
System Abuse
- Attempting to hack, disrupt, or compromise our systems
- Using automated tools to access our platform without permission
- Reverse engineering or copying our proprietary systems
- Distributing malware or engaging in cyber attacks
Legal Violations
- Money laundering or terrorist financing
- Fraud, forgery, or identity theft
- Violating sanctions or embargoes
- Any other illegal or unauthorized activities
9. Limitation of Liability
Disclaimer of Warranties
Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to:
- Merchantability and fitness for a particular purpose
- Accuracy, completeness, or reliability of information
- Uninterrupted or error-free service
- Security or freedom from viruses or other harmful components
Limitation of Damages
To the maximum extent permitted by law, 24Swiss shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, data, or business opportunities
- Damages resulting from market movements or trading losses
- Third-party actions or system failures
Maximum Liability
Our total liability to you shall not exceed the fees paid by you to us in the 12 months preceding the claim.
Force Majeure
We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, market closures, or technical failures.
10. Termination
Termination by You
You may terminate your account at any time by providing written notice. Upon termination:
- All open positions must be closed
- Outstanding fees and obligations must be settled
- Account access will be suspended
- Funds will be returned according to our procedures
Termination by Us
We may terminate your account immediately if:
- You breach these Terms or applicable laws
- Your account becomes inactive for an extended period
- We are required to do so by regulatory authorities
- We determine it is necessary for risk management
Effect of Termination
Upon termination, all rights and obligations continue until fully satisfied, including payment of fees and settlement of positions.
11. Governing Law and Dispute Resolution
Governing Law
These Terms are governed by Swiss law, without regard to conflict of law principles.
Jurisdiction
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.
Arbitration
For disputes involving amounts exceeding CHF 100,000, either party may elect to resolve the dispute through binding arbitration under the Rules of Arbitration of the International Chamber of Commerce.
Class Action Waiver
You waive any right to participate in class action lawsuits or class-wide arbitration against us.
12. General Provisions
Amendments
We may modify these Terms at any time by posting updated terms on our website. Material changes will be communicated with reasonable advance notice.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
We may assign these Terms or our rights and obligations hereunder. You may not assign these Terms without our prior written consent.
Entire Agreement
These Terms, together with our Privacy Policy and any other referenced documents, constitute the entire agreement between you and 24Swiss.
Survival
Provisions relating to liability, indemnification, governing law, and dispute resolution shall survive termination of these Terms.
Contact Information
For questions about these Terms or our services, please contact us:
Legal Department
Email: legal@24swiss.com
Phone: +41 79 688 00 50
Registered Address
24Swiss AG
Bahnhofstrasse 100
8001 Zurich
Switzerland