Scope of application
The subject of these Terms of Use (the "Terms") is the relationship between Swissblock Technologies AG, domiciled in Baar, Switzerland, (hereinafter "SBT", "we", "us") and the users (hereinafter "Users" or "you") of our services and products ("the Services").
By giving your consent through checking the respective check box and subsequently using our Services, you confirm
that your level of English is sufficient to understand the meaning of the terms contained in this English version of the Terms including the commitments, warranties, waivers and obligations contained in the English version of the Terms, and
that these Terms are binding for all past, current and future agreements between you and us, unless explicitly otherwise agreed between you and us.
Any provisions of a User that deviate from these Terms shall not apply. Any deviations require the express written consent of SBT.
Scope of use
The Services are intended exclusively for personal, non-commercial use by individuals for non-commercial purposes. SBT may limit the number of logins (sessions) on different end devices. Any further or deviating use, in particular the automated retrieval of information and its dissemination in other systems as well as the training of a system for machine learning and/or artificial intelligence, is only permitted with the express consent of SBT and may be revoked by us at any time. Please also see the provisions regarding “Copyright and other intangible rights”.
The registration of your account requires a valid and personal e-mail address. The automated creation of electronic accounts is not permitted. You undertake to use the provided access data (in particular password) in accordance with the agreement and not to make it accessible to third parties without the written consent of SBT. You are responsible for protecting the provided access data.
The chargeable Services used by the User shall be invoiced by SBT at the rates valid at the time the agreement is concluded. All payments have to be made without deduction at the first utilization of the services. If the User is in default of payment, SBT is entitled to discontinue the provision of individual or all of the Services accessible to the User concerned. SBT expressly reserves the right to assert any claims for damages against the User.
Services provided by SBT
The content and scope of the Services made available to the User are determined by the respective form of use (non-registered or registered User, free or fee-based services), any existing contractual relationship and these Terms. The Services are generally available 24 hours a day, 7 days a week. SBT reserves the right to restrict these operating hours and/or temporarily suspend them for technical or other reasons and to modify the Services at any time. The Services are subject to ongoing changes and adjustments. Software updates or technical developments may also change the content and scope of the Services made available to the User. In particular, stored contents of Services may no longer be available to the User after corresponding processes.
Liability
SBT shall only be liable for delays and for incorrect or non-delivery of Services if it can be proven to have acted with intent or gross negligence. In particular, it is not liable for misconduct or negligence on the part of third parties. The User must inform SBT immediately of any reception problems.
SBT shall only be liable for damages incurred by the User through the use of the Services if gross negligence or willful misconduct can be proven. To the extent permitted by law, SBT's liability shall in any case be limited to the amount invoiced to the User for the corresponding product. In no case shall SBT be liable for consequential damages and/or loss of profit.
SBT is not liable for defective technology or for damage caused by computer viruses, spyware, hacks and/or other harmful computer programs (malware, spyware). There is also no liability for the consequences of operational interruptions caused by malfunctions of any kind or which serve to rectify malfunctions, maintenance and the introduction of new technologies. The content published by SBT has been compiled with great care. Nevertheless, the accuracy, completeness and actuality of the Services cannot be guaranteed. SBT accepts no liability in this regard. The use of such information and data must comply with the property rights and copyrights of SBT and is at the User's own risk. The content published in the Services may also originate from third parties. SBT and its data suppliers do not guarantee the accuracy, completeness or timeliness of this content. SBT rejects any liability in this regard. Such contents and materials provided through us do not necessarily reflect the opinion of SBT. By signing a subscription you also confirm to be aware that content and materials can be generated by human or by artificial intelligence.
The same limitations of liability apply to the employees, representatives and vicarious agents of SBT.
Any reliance you place on any information, content or materials received on our website or through a subscription is strictly at your own risk. We never provide financial advice or provide another financial service under the Swiss Financial Services Act. Please also see the provisions regarding “Regulatory”. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Copyrights and other intangible rights
SBT reserves all copyrights and other intellectual property rights with regard to the Services including layout, software and their contents. In particular, publishing, modifying, offering, selling, reproducing, distributing, making perceptible, sending, renting and licensing the editorial and other contents of SBT (texts, tables, images, videos, graphics, programs and other services and media offers) is only permitted with its express consent. Furthermore, the production, transfer and/or sale of second-hand works is not permitted. It is prohibited to display SBT's websites and chats or their content in whole or in part using technical aids (e.g. "framing"). The full or partial exploitation of advertisements (including feeding them into online services) is prohibited.
Links
Our Services may contain links which direct you to content provided by third parties. These links are provided for your convenience only. Even though we do not mark all third-party links as such, we have no control over those third-party links, so we do not accept any responsibility for them or any liability for any loss or damage that may arise from your use of them. You agree that accessing any of the third-party websites is done entirely at your own risk and subject to the terms and conditions for the linked content.
Guidelines for content created by Users themselves
Authors of User-generated content (e.g. chat contributions etc.) must ensure that it is compatible with the applicable legal system for the respective product and that the rights of third parties are observed. In particular, content with unlawful and immoral content, namely insulting, defamatory, defamatory and business-damaging, pornographic or racist statements as well as incitements to violence or other criminal offenses are not permitted, nor is the advertising of own services or third-party services. The User has no right or other entitlement for making contributions in the Services.
In the event of misconduct through a User-contribution, the responsible User of the account through which the contribution is made shall bear all legal consequences. The User undertakes to indemnify SBT for all third-party claims asserted on the basis of his/her contributions. SBT reserves the right to take legal action against the offending User in the event of blatant violations of these guidelines, even if the User has not made the contributions but if the User’s account has been used. SBT reserves the right to change, shorten or delete entries without giving reasons. The User grants SBT the right, free of charge and unlimited in time and space, to use the User’s contribution in whole or in part for SBT’s services. This includes the right to incorporate this content into other publications, media or books and to store it for archiving purposes. By creating the content, the User consents to the storage and use of the corresponding data by SBT.
SBT accepts no liability for content created by Users themselves. The corresponding statements, information, opinions, recommendations, etc. do not originate from SBT. Should such content violate the aforementioned guidelines, SBT asks its Users to report this accordingly.
Data protection
In order to operate and provide the Services, we collect certain information about you, as defined in our privacy policy. We use and protect that information as described in our Privacy Policy. You acknowledge and agree that your use of the Services is subject to our Privacy Policy and understand that it identifies how SBT collects, stores, processes and uses certain information. The Privacy Policy may be updated from time to time by us and is published in its current version on our website.
Payment methods, payment processing, agreement conclusion, agreement duration and agreement termination
The agreement between SBT and the User is concluded at the time of acceptance of the registration by SBT. The User is not entitled to the conclusion of an agreement. Only credit cards are accepted as a means of payment.
The collection of the consideration for your use of the Services will be made by Paddle Payments Ltd ., Limerick House, Limerick Lane, Newbridge, Kildare, Ireland. By using our Services you also agree to its terms of use and privacy policy, as indicated in its current form on its website.
The subscription is automatically renewed as long as the means of payment specified by the User permits a new transaction. The credit card specified when the agreement was concluded is automatically charged to the agreed amount. An automatically renewed subscription must be canceled by the User prior to renewal. In the event of subsequent termination, no refund will be made, not even pro rata. An extension is valid until the next termination date.
The subscription shall continue to apply in the event of the User's death and shall pass to the User's estate.
The prices quoted include Swiss value added tax, if applicable. SBT is entitled to make price adjustments at any time.
Regulatory
We are specialized in the management of private wealth, but we do not provide a Financial Service as defined under Art. 3 lit. c of the Swiss Financial Services Act. We do in particular not advertise nor offer Financial Instruments nor provide Portfolio Management services or Investment Advice to external parties. As such, we are not affiliated to an Ombudsman's office. We are not licensed by the Swiss Financial Market Supervisory Authority FINMA, nor are we subject to a mandatory affiliation to a financial market regulation self-regulatory body, as our business activities do not require us to be licensed under Financial Market Laws as defined in Art. 1 para. 1 of the Swiss Financial Market Supervision Act. We do in general provide information on market developments, which may or may not be product related. We do not intend to engage in marketing activities of such products. We intend to share our knowledge and views and do not intend to influence you with regard to investment decisions. Unless otherwise indicated, we are free from conflicts of interests in the provision of information and share our own opinion about the respective topics. This website contains links and subscriptions that refer to third party content. We can never take any liability for content of such third party links, even if content on third party might be or seem to be partially provided by us.
Geographic restrictions
The Services may not be available in all territories and jurisdictions. Access to the Services may not be legal by certain persons or in certain countries. We may restrict or prohibit use of all or a portion of the Website in certain territories and jurisdictions. If you access the Services, you do so on your own initiative and are responsible for compliance with all local laws and regulations.
Severability clause
Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a new provision that comes as close as possible to the economic and legal effect of the invalid provision.
Force majeure
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, any other acts of god, interruption or failure of a utility service or the acts of any local or national government.
Indemnification
To the extent not prohibited by law, you agree to defend, indemnify us and hold SBT and its affiliates licensors and service providers, and their respective directors, officers, employees and agents harmless from and against all third party claims, damages, costs, liabilities, judgments, awards, losses, costs, and expenses and fees arising out of or related to your use of the Website or your violation of these Terms, any applicable law or any rights of any third party.
Applicable law and place of jurisdiction
All legal relationships between SBT and the User shall be governed by Swiss substantive law, excluding the conflict of laws rules. The exclusive place of jurisdiction for disputes arising from these Terms of Use shall be Baar, Zug, Switzerland, subject to any other mandatory places of jurisdiction. SBT is unilaterally entitled to sue the User at any other permissible place of jurisdiction.
Changes to Terms and Conditions
We reserved the right to change the terms and conditions of our website at any time, but we will provide notice in advance. If you continue to use our website after we make changes, it means that you accept the new terms and conditions. By using our website, you agree to follow these terms and conditions. If you do not agree to these terms and conditions, please do not use our website.
Impressum
Mail address:
Swissblock Technologies AG Neuhofstrasse 22 6340 Baar Schweiz
Registered:
UID: CHE-361.783.999 VAT N°: CHE-361.783.999 Commercial Register: Canton Zug, Switzerland
Contact:
Phone: +41 41 481 04 04 E-Mail: info@swissblock.net
This Privacy Policy shall be effective from 1 Nov 2023.