Version 1.0
1 Scope
These terms and conditions ("Terms") apply to the usage of the Aktionariat app as available in the Google Play and Apple App Store ("App") as well as the information displayed on aktionariat.com and related websites, newsletters and communication channels (the "Website", together "Services") provided by Aktionariat AG, Weinbergstrasse 18, 8703 Erlenbach, Switzerland ("Company"). By downloading and using the App or accessing the Website or Services, you ("User") accept these Terms.
If you do not agree to these Terms, you shall not use or access the Services.
The Services are provided exclusively to persons who are at least 18 years of age. The User represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction.
2 Services & Important Notices
2.1 Information Relating to Tokenized Shares
The Website and the App enable to view information, and Aktionariat may send newsletters or
otherwise distribute information, relating to the sale and repurchase of shares of companies that have
tokenized their shares with Aktionariat. Aktionariat assist issuers of such shares to tokenize their
shares on the public Ethereum blockchain and does not have any influence over any transactions
relating to such shares. The Smart Contracts are immutable and run on a public blockchain over
which Aktionariat has no influence. The interaction with Smart Contracts, e.g., for the creation or
transfer of tokenized shares, incurs transaction costs (gas fees). Aktionariat assist issuers of such
shares to tokenize their shares on the public Ethereum blockchain and does not have any influence
over any transactions relating to such shares. Any sale and repurchase of shares is directly from such
company and Aktionariat is not involved in any way in the execution and/or settlement of such sale or
purchase.
IMPORTANT NOTICES
No endorsement of tokenized companies: All information relating to tokenized shares and the
companies issuing such shares are provided "as is" and "as available". Aktionariat does not verify, approve of or otherwise endorse any such information.
No investment advice or recommendation: The Services contain general information on the
companies offering their tokenized shares. This information does not constitute any replacement for
financial advice based on the investor's individual circumstances and knowledge. Each person has
sole responsibility for seeking the advice of qualified experts in order to assess the suitability of the
tokenized shares and the associated risks for his or her own financial situation, as well as the tax
consequences of potential participation in the offering.
Risks: An investment in the company involves significant risk, such as (i) risks related to the business
and industry in which the company operates, (ii) operational and financial risks, (iii) risks relating to
laws and regulations and (iv) risks relating to the shares in the company. Several factors could
adversely affect the business, legal or financial position of the company or the value of its securities.
Should one or more of these or other risks and uncertainties materialize, actual results may vary
significantly from those described on the website and the offering material of the issuer. An
investment in a company is suitable only for investors who understand the risk factors associated with
this type of investment and who can afford a loss of all or part of their investment.
2.2 Non-custodial Wallet
The App contains software that facilitates the interaction with the Ethereum blockchain. The use of the
App is not required to buy or sell or otherwise interact with the shares tokenized by Aktionariat and
the use of the App is free of charge. The interaction with the Ethereum blockchain incurs transaction
costs (gas fees) that are not related to Aktionariat.
Any interaction with the Ethereum blockchain requires a private key. For regulatory reasons,
Aktionariat does not store any backup of the User's private key and there is no restore function in the App for lost private keys. It is the customer’s responsibility to ensure that the private key is not lost
and that no unauthorized persons gain access to the private key.
Loss or disclosure of private keys to unauthorized persons may lead to the irreversible loss of
the assets stored in the wallet.
3 Rights & Obligations of Company
The Company:
- regularly carries out maintenance or improvements to the Services and its infrastructure, but
does not guarantee that the Services will function without any interruption or disruption. The
User acknowledges that this may result in temporary delays and interruption from time to
time. Where reasonably possible, the Company will inform the User about potential
interruptions in advance.
- The Company is permitted and possibly required by law to suspend access to the Service or
the User's account based upon reasonable determination of the occurrence or potential for
occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In
case of a suspension, the User remains liable for all charges and fees incurred during the
suspension period.
The Company may amend the Terms from time to time at its sole discretion by publishing an updated
version of the Terms on the Company's websites. Where possible, the Company will electronically
notify the User of any material changes to the Terms. The User should check the Terms regularly and
only use the Services upon acceptance of the changes to the Terms. The User's continued use of the
Services following any amendments indicates acceptance of the changes to the Terms.
The Company constantly develops and improves its Services and may modify or either temporarily or
permanently stop providing the offered Services or any part of it at its sole discretion. In case of
material changes to the Services, i.e., changes significantly altering the nature and scope of the
Services provided to the User according to the Agreement, the Company will notify the Users that are
directly affected by such changes, and where reasonably possible.
4 Rights & Obligations of User
The User agrees to use the Services in compliance with the Agreement and all legal and moral
obligations applicable in the territory where they are located.
The User must immediately inform the Company of all circumstances within its sphere that might
endanger or may be relevant to the providing the Services and all misuses or suspicions of misuse of
the Services.
The User may not:
- circumvent or attempt to circumvent any security protection of the Services;
- use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or
effect;
- access the Service via any automated system or take any action that may impose an
unreasonable load on the Company's infrastructure;
- bypass the measures that the Company may use to prevent or restrict access to or use of the
Service.
The User agrees it will not, unless with the Company's prior written permission:
- try to decompile or reverse engineer the Services or any part of it, or derive the source code;
- copy, modify, distribute, reproduce, translate, disassemble or use in any other way any
information, text, graphics, images, software obtained from the Services, or any other part of
the Services;
- create derivative works based on the whole or any part of the Services or any content
available on the Service.
The User may not sell, sublicense, allow access or make the Services or any part of it otherwise
available to third-parties.
The User agrees not to use or exploit the Services, any part of it or any content contained there in any
data mining or any other similar activity.
5 Intellectual Property
Each party retains all rights, titles, and interests to its own intellectual property, including all
copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other
intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the
Services or any part of it remain vested in the Company.
The Company grants the User a limited, revocable, non-exclusive, non-transferable, non-
sublicensable right to access and use the Services in accordance with the Agreement.
The Services may contain open-source components. Such components are subject to the respective
license.
6 Privacy
The Company collects and processes personal data as described in its Privacy Policy. The Company protects the collected personal data by means of appropriate technical and
organizational measures and in accordance with the data protection legislation applicable in
Switzerland and the European Union.
The User authorizes the Company to use, process, and store relevant data for the performance of the
Agreement and to use anonymized data to improve its services or for analysis purposes.
7 Liability & Indemnity
The Company is only liable to the User for damages resulting from the Company’s gross negligence
or wilful misconduct. In all other cases, the Company’s liability under the Agreement is excluded to the
maximum extent permitted under applicable law.
The Company is not liable for inaccuracy or incompleteness of the Services, or the incompatibility of
the Services with any specific objectives that the User is hoping to achieve, or for any loss of funds
that happened in connection with our Services, such as accidentally sending crypto assets to the
wrong address or loss of market value of tokenized shares.
Neither party may recover from the other party, regardless of the legal reason, any amount with
respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special
damages in connection with claims arising out of this Agreement or otherwise relating to the Services,
whether or not the likelihood of such loss or damage was contemplated.
Neither party shall be liable for breach of this Agreement (other than payment obligations) caused by
circumstances beyond the parties’ reasonable control (force majeure).
8 Warranties & Representations
The User acknowledges that the Services are provided "as is" and "as available", and the Company makes no warranties or representations of any kind related to the Services or the information and
materials contained thereon. The Company makes the Services available to the User and uses
reasonable care and skill in the performance of the Services.
The Company does not guarantee that the Services are error-free and will function without any
interruption or disruption. The Company may at its own discretion carry out maintenance or
improvements to the Services and its infrastructure, and the User acknowledges that this may result
in temporary delays and interruptions from time to time. Where reasonably possible, the Company will
inform the User about potential interruptions in advance. Any further warranty is excluded.
9 Miscellaneous
Entire Agreement: Any deviation from the Terms not anticipated by the Terms requires an explicit
reference to the altered clause of the Terms. General terms and conditions of the User are excluded
unless they have been expressly accepted by the Company.
Changes to Terms: The Company may, from time to time, change these Terms. The Company will
notify the User at least 14 days before such changes apply to the User.
No Assignment: The User may not assign any of its rights, obligations, or claims under the
Agreement without the previous consent of the Company.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or
otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based
upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the
substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations
Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of
the Company has jurisdiction for all disputes arising from or in connection with the Terms.
Any deviation from the Terms not anticipated by the Terms requires an explicit reference to the
altered clause of the Terms. General terms and conditions of the User are excluded unless they have
been expressly accepted by the Company.
The Services may contain third-party content or links to third-party websites. The Company does not
assume any responsibility for and does not make any warranties or representations as to any third-
party content or websites, including but not limited to the accuracy, subject matter, quality, or
timeliness.