Terms of Service

1. Acceptance of Terms

By accessing and using ValueIQ ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. ValueIQ is operated by Swing Trust ("we," "us," or "our").

2. Description of Service

ValueIQ provides cloud-based business valuation and DCF (Discounted Cash Flow) analysis software designed for businesses, investors, CFOs, accountants, and financial professionals. Our Service includes:

• Professional DCF valuations
• Financial data analysis and reporting
• File upload and processing capabilities
• Interactive dashboards and visualizations
• Multi-currency support (12+ currencies)
• Industry benchmarking and insights
• Scenario planning and sensitivity analysis
• Expert review add-ons

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Suspension

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or engaged in fraudulent or illegal activity.

4. Free Trial and Subscription Plans

4.1 7-Day Free Trial

New users are eligible for a 7-day free trial. No credit card is required to start the trial. At the end of the trial period, you may choose to subscribe to a paid plan to continue using the Service.

4.2 Subscription Plans

We offer various subscription plans with different features and pricing. All fees are stated in USD unless otherwise specified. By subscribing, you authorize us to charge your payment method on a recurring basis according to your chosen billing cycle (monthly or annually).

4.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You are responsible for all charges incurred under your account.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. For information about refunds, please refer to Section 4.5 (Refund Policy) below.

4.5 Refund Policy

You may request a full refund within 14 days of your initial subscription purchase. To request a refund, please contact [email protected] with your account details. Refunds will be processed within 5-10 business days. After the 14-day refund window, all subscription fees are non-refundable, except as required by applicable law.

Free Trial Period

We offer a 7-day free trial for new users. No credit card is required to start the trial. No refunds are applicable during the free trial period as no charges are incurred. We encourage you to fully evaluate the Service during the trial period before subscribing to a paid plan.

Cancellation

If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period. No refunds will be provided for the remainder of that billing period. No further charges will be made after the current billing period ends.

Enterprise and Custom Plans

Refund terms for Enterprise and custom plans, if any, are outlined in the individual service agreement or contract with the client. Please refer to your service agreement or contact [email protected] for details.

Consumer Rights

Nothing in this Refund Policy affects your statutory rights as a consumer under applicable consumer protection laws, including but not limited to the Consumer Rights Act 2015 (UK), Australian Consumer Law, Consumer Protection Act 2002 (New Zealand), Consumer Protection Act 68 of 2008 (South Africa), or similar regulations in your jurisdiction. Where applicable law provides greater rights, those rights shall prevail.

Questions

If you have any questions about this Refund Policy or need assistance, please contact our support team at [email protected].

5. Acceptable Use Policy

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Upload or transmit malicious code, viruses, or any other harmful software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the Service
• Scrape, copy, or download data from the Service using automated means
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, redistribute, or provide access to the Service to third parties without authorization
• Upload fraudulent, misleading, or false information

6. Your Data and Intellectual Property

6.1 Your Data

You retain all ownership rights to the data, files, and content you upload to the Service ("Your Data"). By uploading Your Data, you grant us a limited license to store, process, and display Your Data solely for the purpose of providing the Service to you.

6.2 Data Accuracy

You are solely responsible for the accuracy, quality, and legality of Your Data. We do not verify the accuracy of Your Data and are not liable for any decisions you make based on valuations or reports generated by the Service.

6.3 Our Intellectual Property

The Service, including its software, algorithms, design, content, and trademarks, is owned by us and protected by intellectual property laws. You may not use our intellectual property without our prior written consent.

7. Data Security and Privacy

We take data security seriously and implement industry-standard measures to protect Your Data. However, no system is completely secure. For detailed information about how we collect, use, and protect your personal information, please review our Privacy Policy.

Our data practices comply with applicable data protection laws, including GDPR (EU/UK), CCPA (California), POPIA (South Africa), PIPEDA (Canada), Privacy Act 1988 (Australia), and Privacy Act 2020 (New Zealand).

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Financial Advice

ValueIQ is a business valuation tool and does not provide financial, accounting, tax, or legal advice. The valuations and reports generated by the Service are for informational purposes only. You should consult with qualified professionals before making any financial decisions.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

8.4 Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free access. We may suspend or modify the Service for maintenance, updates, or other operational reasons.

9. Indemnification

You agree to indemnify, defend, and hold harmless Swing Trust, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) Your Data or any content you submit, or (d) your violation of any third-party rights.

10. Modifications to the Service and Terms

10.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10.2 Terms Modifications

We may revise these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

11. Termination

Either party may terminate this agreement at any time. You may terminate by canceling your subscription and ceasing to use the Service. We may terminate or suspend your access immediately, without prior notice, if you breach these Terms.

Upon termination, your right to use the Service ceases immediately. We will provide you with a reasonable opportunity to export Your Data (typically 30 days). After this period, we may delete Your Data in accordance with our data retention policies.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which you reside, without regard to conflict of law principles. For users in:

• United States: The laws of the State of Delaware apply
• United Kingdom: The laws of England and Wales apply
• European Union (Netherlands): Dutch law applies
• Canada: The laws of the Province of Ontario apply
• Australia: The laws of New South Wales apply
• New Zealand: New Zealand law applies
• South Africa: South African law applies

12.2 Dispute Resolution

In the event of any dispute, we encourage you to first contact us to seek an informal resolution. If we cannot resolve the dispute informally, disputes shall be resolved through binding arbitration in accordance with the rules of the arbitration association in your jurisdiction, except where prohibited by law.

12.3 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable consumer protection laws, including but not limited to the Consumer Rights Act 2015 (UK), Australian Consumer Law, Consumer Protection Act 2002 (New Zealand), or Consumer Protection Act 68 of 2008 (South Africa).

13. International Use and Compliance

The Service is controlled and operated from our facilities in various locations globally. We make no representation that the Service is appropriate or available for use in all locations. If you use the Service from outside the United States, you are responsible for compliance with local laws. We comply with applicable international data protection regulations including GDPR, CCPA, POPIA, PIPEDA, and others as detailed in our Privacy Policy.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Swing Trust / ValueIQ
Email: [email protected]
Website: valueiq.fcfos.ai