Terms of Use

The following Terms of Use apply to all users accessing the Xwiss AG website (“the Website”) including any other domains referring to this Website. Please read the Terms of Use carefully before entering the Website. If you do not agree to be bound by the Terms of Use, do not use the Website.

These Terms of Use, as well as the information and materials contained in the Website, are subject to change, without notice. It is possible that Xwiss AG (“Xwiss”) adds features to, or removes features from the Website from time to time and in Xwiss’s sole discretion. If you continue to access the Website following any modification to these Terms of Use, you accept the Terms of Use as modified.

Xwiss has established and published a Privacy Policy, as modified from time to time, which explains how personal data is collected on the Website and how it is used. The Privacy Policy is part of these Terms of Use and is incorporated herein by reference: Privacy Policy.

Access Subject to Local Restrictions

The Website and all information / functionality contained are not intended for use by any person resident or located in any jurisdiction where publication of the content of the Website or access to it is prohibited for any reason. If such restrictions apply to you, you are prohibited from accessing this Website.

No Offer, Advice or Client Relationship

All information and materials contained on this Website is provided for informational purposes only and does not constitute any form of offer, recommendation or solicitation to purchase or sell any financial instruments or securities, execute any transaction or enter into any legal agreement.  Xwiss does not provide investment, legal or tax advice through the Website. No investment or other decisions should be made solely based on the contents or information found on the Website. The content of this Website and its functions do not create a client relationship between you and Xwiss. If you would like to become a client of Xwiss, you must enter into a signed, written agreement with Xwiss.

Risk Disclosure

If you invest in financial instruments or securities, including crypto-assets, you must be aware that such investment entails risks which can include the total loss of your investment.  Markets in cryptocurrencies in particular can be extremely volatile where prices are subject to large fluctuations over a short period of time.

No Warranty and No Liability

Your use of the Website is at your own risk. Xwiss does not make any representation or warranty (neither express nor implied) that any information published on this Website is accurate, reliable, up-to-date, or complete. Xwiss is not obliged to update or remove outdated information or opinions from this Website or to mark them as being outdated. The information and opinions contained on this Website are subject to change at any time without notice.

All information available on this Website, including but not limited to financial market data, price data, reports, research, and other financial information, is based upon sources that are deemed to be reliable. All information is provided to users on an “as is” and “as available” basis without any representation or warranty, either express or implied, as to quality, originality, non-infringement of intellectual property rights, or fitness for a particular purpose.

Xwiss makes no warranty that the Website will operate error-free or without interruption. Xwiss does not guarantee that the Website and servers from which information is accessible will be free of viruses, trojan horses, worms, or other malware or harmful components, and Xwiss accepts no liability in respect thereof.

If you access, download or otherwise obtain any information or material through the use of this Website, you do so at your own risk. Xwiss is not responsible for any damage to your computer systems, or loss of data that results from the download/access of such material.

Therefore, Xwiss shall not be liable for any direct or indirect loss or damage, including but not limited to, loss of profit that may be suffered as a result of information provided on this Website, or for any loss or damage resulting either directly or indirectly from use of this Website and the information contained therein, or from risks associated with the financial markets.

Links to Third-Party Content

It is possible that the Website contains third party content or links to third party Websites. This content and links are provided solely for your convenience and information. Xwiss has no control over, 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.

Intellectual Property

All components of the Website are protected by intellectual property laws and are the property of Xwiss or third parties. By downloading or printing any material from this Website, you shall not acquire any rights, including rights in or to any software, trademarks or components of the Website. You are not allowed to change or remove copyright notices and trademarks.

Material Interests

It is possible that Xwiss, its directors or employees have previously invested, may be currently investing, or may in future invest in financial instruments or securities, including crypto-assets, about which information or opinions are provided on the Website. It is also possible that Xwiss has previously provided, is currently providing, or will in future provide services to the issuers of such financial instruments, securities, or crypto-assets. Furthermore, it is possible that such entities or persons have previously performed, are currently performing, or will in future perform certain functions on behalf of the issuers of such financial instruments, securities, or crypto-assets.

Assignment and Delegation

Both Xwiss and its legal successors and agents are entitled to rely on these Terms of Use. Xwiss may assign any rights accruing to it under these Terms of Use. Xwiss may also delegate its duties or assign any of its obligations under these Terms of Use to third parties.

Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use, but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

Applicable Law and Jurisdiction

These Terms of Use and all matters arising out of or relating to the Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law provisions.

All disputes arising out of or in connection with these Terms of Use shall be submitted to the competent courts of the Canton of Zug, Switzerland.

In case of discrepancy, the English version shall prevail.

Last update October 2019