Terms & Conditions

Last updated: December 17, 2025

1. Introduction and Acceptance

This document sets out the terms and conditions ("Terms") governing the use of the twm.one website, the trading platform, and the local TWM software (collectively, the "Services"), developed and operated by:

"TWM" is the trademark and product name under which ASKO SA provides the Services.

By creating an account, clicking "I Accept", installing the Software, or otherwise accessing or using the Services, the User confirms that the User has read, understood, and accepted these Terms. If the User does not agree, the User must not access or use the Services.

1.1 Language and Interpretation

In case of discrepancies, ambiguities, or misinterpretations arising from translations of the Services, the English version prevails.

2. Definitions

• ASKO SA / ASKO: ASKO SA, Via Ceresio 43, 6963 Lugano, Switzerland.
• TWM: the Services and related software provided under the "TWM" name.
• User: an individual (natural person) who accesses and uses the Services for personal purposes.
• Software: the local TWM application installed on the User’s device.
• Trading Provider / Provider: a third-party platform (exchange, broker, or similar) connected via APIs.
• API Keys: credentials generated by the User on a Provider to allow technical connectivity.
• Orders: trade instructions created by the User and submitted via the Services for transmission to a Provider.
• Order Transmission: the technical routing of Orders through ASKO infrastructure to a Provider API endpoint.
• Marketplace Content: third-party indicators, tools, extensions, templates, or other digital items offered via the Services.
• Paid Plans: subscriptions or licenses granting access to paid features, content, limits, or tiers.
• Machine ID: a technical identifier used to associate access rights with a device.
• Restricted Jurisdiction: any country/territory where access or use of the Services is prohibited, restricted, or would (in ASKO SA’s reasonable assessment) create heightened legal, compliance, sanctions, or risk exposure.
• Sanctions: applicable trade, economic, or financial sanctions laws and related restrictive measures.

3. Purpose of the Services and Role of ASKO SA

3.1 Services Description

The Services provide software tools for market visualization, analysis, and the creation and submission of Orders to third-party Trading Providers selected by the User. Features may include charts, order tools, alerts, automation modules, educational materials, and a marketplace for digital content.

3.2 Technical Nature of the Services

The Services are a technical platform and do not constitute:

• custody or safeguarding of client assets or private keys;
• a bank, broker, dealer, or investment firm;
• investment advice, portfolio management, or personal recommendations;
• discretionary management of a trading account;
• financial, legal, or tax advisory services.

3.3 Order Transmission Disclosure

When a User submits an Order through the Services, the Order may be transmitted through ASKO-controlled servers and then routed to the relevant Trading Provider for execution. ASKO SA’s role is limited to the technical processing and routing of User instructions. This technical routing does not create custody of funds or assets by ASKO SA. The User remains the decision-maker and retains responsibility for each Order and its parameters.

Providers execute Orders under their own rules, fees, matching engines, execution policies, and risk controls. ASKO SA does not control execution outcomes, fills, rejections, slippage, liquidation mechanisms, margin rules, or Provider downtime.

3.4 Business Model

The Services may be offered via free and paid tiers. ASKO SA may earn revenue from:

• Paid Plans (subscriptions or licenses);
• Marketplace sales and revenue share with third-party creators;
• commercial arrangements with Providers, including volume-based commissions where applicable.

4. Eligibility, Non-Solicitation, and Legal Use

4.1 Eligibility

The Services are intended for individual retail Users (natural persons). By using the Services, the User confirms that:

• the User is at least 18 years old (or the age of majority in the User’s jurisdiction);
• the User has legal capacity to accept these Terms;
• the User uses the Services for personal purposes and not on behalf of an entity or business;
• the User is not prohibited from using the Services under applicable law.

4.2 Lawful Use Only

Access to and use of the Services is permitted only where lawful. The User remains solely responsible for determining whether the Services can be used in the User’s jurisdiction, including compliance with financial services, consumer protection, tax, sanctions, and data protection laws.

The User must not use the Services in any way that would cause ASKO SA to breach applicable laws or expose ASKO SA to regulatory, enforcement, or sanctions risk.

4.3 Non-Solicitation and No Targeting

ASKO SA operates from Switzerland and does not intentionally target, solicit, or actively market the Services into jurisdictions where offering the Services would require local authorization. If the User resides in or accesses the Services from such a jurisdiction, the User confirms that:

• access is not based on targeted marketing or solicitation by ASKO SA;
• any use remains subject to Section 4.2 (lawful use only);
• ASKO SA may restrict or terminate access at any time under Section 4.4.

This section does not constitute legal advice and does not guarantee that regulators in any jurisdiction will treat use of the Services as permissible.

4.4 Restricted or High-Risk Jurisdictions

ASKO SA may, in its sole discretion, restrict, suspend, or terminate access in any jurisdiction (including but not limited to Restricted Jurisdictions, jurisdictions subject to Sanctions, embargoes, or heightened compliance risk). The Services may be unavailable or limited in certain countries and territories.

4.5 Sanctions and Prohibited Persons

The User represents that the User is not (i) located in, ordinarily resident in, or accessing the Services from a Restricted Jurisdiction, and (ii) not subject to Sanctions or listed on any applicable restricted party list. The User must not use the Services to evade Sanctions or other legal restrictions.

5. Registration, Security, and Account

5.1 Registration Information

The User must provide accurate, complete, and current information during registration. The User is responsible for maintaining account security and confidentiality of credentials.

5.2 Machine ID and Device Controls

• Single active device: a Paid Plan may limit simultaneous use to one active device at a time.
• Reset: Machine ID may be reset via twm.one/profile, subject to anti-abuse controls.
• Abuse: attempts to bypass licensing controls may lead to suspension or termination.

5.3 Location and Access Monitoring

For security and compliance, ASKO SA may process access data including IP address, device identifiers, and access logs to assess jurisdictional eligibility, detect fraud, and secure the Services, as described in the Privacy Policy.

ASKO SA may also request reasonable information or evidence to verify eligibility or location and may suspend access if verification is not provided. Further details, including retention periods and Users’ rights, are provided in the Privacy Policy at twm.one/privacy-policy.

5.4 Electronic Communications

The User agrees that ASKO SA may provide notices, disclosures, and communications electronically (e.g., within the Services or via email). Contractual and service-related notices (including security alerts, changes to these Terms, and information about the User’s account) may be sent without separate consent and are deemed received when sent or made available, subject to mandatory law.

Marketing communications and promotional messages are sent only where required consent has been obtained (where applicable). The User may at any time manage and modify communication preferences, including marketing opt-in and opt-out settings, via the profile section at twm.one/profile or by using the unsubscribe or settings options included in each communication. Critical security alerts are not subject to opt-out.

6. API Keys and Provider Connection

6.1 User-Generated API Keys

Connectivity to a Provider occurs via API Keys generated by the User within the Provider account. The User remains responsible for selecting permissions and securing API Keys. The User is responsible for ensuring that API permissions reflect the User’s intended risk level.

6.2 Storage and Security of API Keys

API Keys are stored exclusively on the User’s local device and are not transmitted to, or stored on, ASKO SA’s servers. Protection of API Keys depends on the User’s device security and operating system safeguards. The User acknowledges and agrees that device security, including protection against malware, unauthorized access, and secure storage of credentials, is solely the User’s responsibility.

The User understands that granting extensive permissions (including trading or withdrawal permissions) to API Keys may increase risk on the Provider account, and that such permissions are entirely under the User’s control within the Provider’s systems. ASKO SA does not have access to and does not control the Provider’s handling of API permissions, accounts, or assets.

6.3 Provider Terms and Separate Relationship

The User enters into a separate contractual relationship with each Provider. The User must comply with the Provider’s terms, fee schedules, trading rules, and KYC/AML requirements. ASKO SA is not responsible for Provider decisions, account actions, restrictions, suspensions, closures, investigations, or enforcement measures. Any issues relating to account opening, account closure, KYC, AML, or other regulatory checks are handled by the relevant Provider and not by ASKO SA.

7. Orders, Execution, and Trading Risk

7.1 User Decisions and Responsibility

All Orders are created and submitted by the User. The User remains solely responsible for: instrument selection, timing, size, leverage, risk parameters, and confirmation of Order details.

7.2 Risk Warning

Trading in financial markets, including digital assets and derivatives, involves significant risk and may result in total loss. Leverage can amplify losses, and rapid liquidation may occur on Provider platforms under their rules. Past performance is not indicative of future results.

7.3 No Advice, No Fiduciary Relationship

The Services may display market data, analytics, templates, examples, or educational content. Such materials are general information and do not constitute investment advice, personal recommendations, or fiduciary services. ASKO SA does not assess the suitability or appropriateness of any transaction or strategy for the User and does not provide financial advice, including with respect to digital assets or cryptocurrencies.

7.4 Technical Routing, Latency, and Failures

Order Transmission may be affected by latency, connectivity, Provider availability, rate limits, or outages. ASKO SA does not warrant that Orders will be transmitted, received, accepted, or executed. The User acknowledges that network conditions, system interruptions, maintenance, software bugs, and Provider behavior may lead to delays, duplicates, partial fills, rejections, or other unexpected outcomes.

8. Automations, Alerts, and User Control

8.1 User Configuration

If automation modules, bots, templates, or rule-based features are available, the User configures parameters and activates or deactivates usage. Outputs, triggers, and resulting Orders remain the responsibility of the User.

8.2 No Discretionary Management

Availability of automation features does not create discretionary management by ASKO SA. ASKO SA does not control the User’s account, capital allocation, or trading objectives.

8.3 Monitoring Duty

The User must monitor activity and promptly disable features in case of abnormal behavior, market changes, or configuration issues. The User is responsible for applying appropriate risk controls on the Provider account (where available).

9. Paid Plans, Billing, and Refunds

9.1 Pricing and Billing

Pricing, billing cycles, and plan features are displayed at checkout and within the User account. ASKO SA may change prices for future billing periods. Continued use after a price change constitutes acceptance. Taxes (including VAT/sales tax) may apply depending on the User’s location and applicable law.

9.2 Payment Processors

Payments are processed by third-party payment processors. Payment data is handled under the processor’s terms and privacy policy.

9.3 No Refunds (Except Mandatory Law)

Fees are non-refundable except where mandatory consumer protection law applies. No refunds are provided for trading losses, missed opportunities, outages, latency, or termination due to breach.

9.4 Chargebacks and Disputes

Unjustified chargebacks or payment disputes may result in account suspension or termination and recovery action for losses and fees. ASKO SA may provide relevant account and transaction information to payment processors to contest disputes, subject to the Privacy Policy.

9.5 Withdrawal Right and Consumer Rights

For Users located in the European Union, the United Kingdom, or other jurisdictions with consumer protection laws providing withdrawal or cancellation rights for distance contracts:

Withdrawal Right Waiver for Digital Goods: The User acknowledges that digital Paid Plans, licenses, and Marketplace Content (collectively "Digital Goods") are delivered immediately upon purchase and activated upon payment confirmation. By completing the purchase, the User explicitly requests and consents to immediate performance and delivery of the Digital Goods. The User hereby waives any statutory withdrawal, cancellation, or recesso right (including those under the EU Consumer Rights Directive 2011/83/EU, UK Consumer Contracts Regulations, Swiss Code of Obligations Art. 24 et seq., or similar laws) with respect to Digital Goods, to the maximum extent permitted by applicable law.

Exceptions: Notwithstanding the above, Users retain all non-waivable statutory rights under applicable consumer protection law, including the right to claim refunds where the Digital Good is defective or does not conform to the description. Statutory rights that cannot be waived by contract remain in effect.

10. Marketplace and Third-Party Content

10.1 Third-Party Content

Marketplace Content may be provided by third parties. ASKO SA does not warrant quality, suitability, legality, or fitness of third-party content. ASKO SA does not endorse third-party creators and is not responsible for third-party statements, performance claims, or outcomes. Disputes regarding third-party content may require contacting the relevant creator.

10.2 Digital Items

Marketplace Content is typically delivered as digital items and may be subject to special conditions displayed at purchase. Unless mandatory law requires otherwise, digital purchases are final.

10.3 Removal and Moderation

ASKO SA may remove, disable, or restrict Marketplace Content or accounts where reasonably necessary for legal, compliance, safety, or risk reasons.

10.4 Compliance, Moderation, and Intellectual Property

ASKO SA implements reasonable measures to review Marketplace Content before publication and may refuse to list or may remove content that it reasonably considers illegal, infringing, misleading, harmful, or otherwise inappropriate (including content that is fraudulent, deceptive, or inconsistent with applicable financial, consumer, or data protection regulations).

Third-party creators and sellers represent and warrant that they own, or have obtained, all necessary rights, licenses, and permissions to offer their Marketplace Content through the Services, and that such content does not infringe third-party rights or applicable law. Creators are solely responsible for their Marketplace Content and for responding to claims, complaints, or inquiries relating to that content.

If ASKO SA receives a credible notice or claim that Marketplace Content is unlawful, infringes intellectual property, violates Provider terms, or breaches regulatory requirements, ASKO SA may take appropriate action, including removal or disabling of the relevant content or account, without prejudice to any rights or remedies available under law or these Terms.

10.5 Digital Delivery, Activation, and Proof of Purchase

Digital Goods are delivered and activated as follows:

• Delivery Method: Digital Goods (including Marketplace Content and license keys) are delivered via account access, download link, or email within minutes of successful payment confirmation.
• Activation: The User's account is activated and/or access is granted immediately upon payment authorization by the payment processor. This constitutes proof of delivery and acceptance.
• Proof of Purchase: Order confirmations, invoice records, account access logs, and download records are maintained by ASKO SA and serve as proof of delivery and successful purchase.
• Non-Transferable: Digital Goods, including license keys, extension access, and templates, are personal, non-transferable, and licensed to the original purchaser only. Sharing, resale, or redistribution is prohibited under Section 14 (Intellectual Property).
• No Refund Upon Download/Access: Once a Digital Good has been accessed, downloaded, or activated, no refund is available except where mandatory consumer law explicitly requires otherwise.

11. Prohibited Use and Compliance

The User must not:

• use the Services for unlawful purposes, fraud, market manipulation, or deceptive practices;
• attempt to bypass geo-controls, sanctions controls, security, or licensing restrictions (including by VPN, proxies, spoofing, or similar techniques);
• reverse engineer, exploit, or interfere with the Services, including abusive API usage, scraping, or denial-of-service activity;
• use the Services in violation of Provider terms or applicable law;
• use the Services to evade Sanctions or other legal restrictions.

ASKO SA may investigate suspected breaches and may suspend or terminate access where reasonably necessary.

12. Warranties, Disclaimers, and Limitation of Liability

12.1 "As Is" and "As Available"

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including availability, accuracy, fitness for a particular purpose, or non-infringement. ASKO SA does not warrant uninterrupted operation, error-free functionality, or that defects will be corrected immediately.

12.2 Trading Losses and Provider Failures

To the maximum extent permitted by law, ASKO SA is not liable for trading losses, lost profits, missed opportunities, liquidation events, or Provider failures, including outages, rejections, fee changes, execution differences, or enforcement actions. The User’s relationship with the Provider governs custody of funds, execution, and account-level risk controls.

12.3 Indirect Damages

To the maximum extent permitted by law, ASKO SA is not liable for indirect, consequential, incidental, special, or punitive damages, including loss of data, loss of goodwill, or business interruption.

12.4 Maximum Liability

Where liability cannot be excluded, ASKO SA’s aggregate liability for claims related to the Services is limited to the amount paid by the User to ASKO SA for the Services in the three (3) months preceding the event giving rise to the claim. This limitation applies to the total of all claims and all theories of liability, to the extent permitted by law.

13. Indemnity

The User agrees to defend, indemnify, and hold harmless ASKO SA, its directors, officers, employees, and partners from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• breach of these Terms;
• unlawful use of the Services in the User’s jurisdiction;
• misuse of API Keys or Provider accounts;
• content uploaded or actions taken by the User through the Services;
• claims by a Provider, regulator, or third party arising from the User’s activity or non-compliance.

14. Intellectual Property

The Services, Software, design, trademarks, documentation, and related materials are owned by ASKO SA or its licensors and protected under Swiss and international intellectual property law.

Subject to compliance with these Terms and payment of applicable fees, ASKO SA grants the User a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for personal purposes.

Prohibited acts include copying, resale, distribution, reverse engineering, decompilation, or creation of derivative works except where mandatory law permits.

14.1 User-Generated Content

Templates, configurations, strategies, and other content created by Users within the Services remain the property of the respective Users. ASKO SA may store, process, and use such User-generated content as necessary to operate, maintain, and improve the Services, including for backup, support, and security purposes, but does not claim ownership over such content. Users remain responsible for ensuring that their User-generated content does not infringe third-party rights or applicable law.

15. Changes to the Services and to the Terms

ASKO SA may modify the Services and these Terms for legal, compliance, security, or business reasons. Material changes may be communicated via the website or email. Continued use after changes constitutes acceptance.

16. Term and Termination

16.1 Term

The Terms apply from first access and remain in force until termination.

16.2 Termination by the User

The User may stop using the Services at any time by uninstalling the Software and closing the account (where available).

16.3 Suspension or Termination by ASKO SA

ASKO SA may suspend or terminate access with immediate effect where reasonably necessary, including for: suspected breach, fraud, security concerns, legal or compliance risk, sanctions risk, or inability to verify eligibility.

16.4 Effects of Termination

Upon termination, the license ends and the User must stop using the Services. Data retention and deletion are addressed in the Privacy Policy at twm.one/privacy-policy, including information on how long different categories of data are retained and when they are deleted or anonymized, subject to legal obligations (such as record-keeping and regulatory requirements). API Keys stored on the User’s device are under the User’s control and should be removed by the User if no longer needed.

17. Privacy

Personal data processing is governed by the Privacy Policy available at twm.one/privacy-policy, and applicable Swiss data protection law (nLPD) and, where applicable, GDPR. ASKO SA does not itself perform KYC/AML checks on behalf of Providers. Providers may require identity verification or other checks under their own rules. Any such processing is carried out directly by the relevant Provider under its own terms and privacy policy.

18. Governing Law and Jurisdiction

These Terms are governed by Swiss law. Exclusive jurisdiction for disputes lies with the competent courts of Canton Ticino, Switzerland, subject to mandatory consumer law provisions that cannot be waived.

18.1 Class Actions

To the extent permitted by applicable law, the User agrees to bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. This clause does not limit rights that cannot be waived under applicable mandatory law.

19. General Provisions

19.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement regarding the Services.

19.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

19.3 Assignment

The User may not assign rights or obligations under these Terms without prior written consent. ASKO SA may assign rights and obligations as part of corporate restructuring or transfer of the Services.

19.4 Force Majeure

ASKO SA is not liable for delays or failures caused by events beyond reasonable control, including outages, cyber incidents, Provider outages, and governmental actions.

19.5 Notices

Official notices to ASKO SA may be sent to info@twm.one. Notices to the User may be sent to the email address associated with the account.

20. Contacts