Terms of Use

last updated on October, 23rd 2023

These terms of use form a legally binding agreement between you (“User” or “Users”)) and SwissFortress AG (“SF”). Any information on this website is owned and controlled by SF. The terms apply to all visitors and Users of the software available to download from the website, as well as other resources that are made available through the website. These terms do not govern Users interactions with 3rd party providers. By accepting these terms (by clicking “I accept”), browsing the website and/or downloading the software you confirm that you have:

  1. read, understood and agreed to the terms;
  2. confirm that you have the capacity to form a legally binding agreement with SF;

You may not access or download the resources on or from this website if you do not agree to the terms.

SF may modify these terms at any time without providing notification. It is up to the User to check the terms regularly.

1. Use of content

Users are not permitted the right to use any of the content on the SF website, unless agreed to in a separate license between SF and the User.

1.a) Software

SF provides Software to download and does not provide Users with a tangible copy of it. Subject to your agreement to adhere to these terms, SF grants Users of the downloaded Software a revocable, non-assignable, non-transferable, non-sublicensable, and non-exclusive use of the Software on devices that the Users own or control solely for the Users personal or internal business purposes.

Users are responsible for the security of their devices (which includes, but is not limited to, ensuring that devices are protected from malware, creating a backup copy, etc.) as the Software will be installed locally. Furthermore, SF cannot and will not be held responsible for any loss or damage (including but not limited to loss of funds or inaccessibility to accounts that are accessed through the Software) due to the failure of Users to protect their devices accordingly. SF cannot recover or unlock passwords or information stored on the Software downloaded to the Users devices.

SF does not monitor user activity on the Software. However, should SF become aware of any possible violations of the Terms herein, SF reserves the right to investigate such violations, and may take action in accordance with Section 6 below.

SF may update the Software and the content on its website at any time without providing notification. It is the responsibility of the User to ensure that the necessary updates of the Software, and/or updates of any necessary third-party software, are installed to their devices to be able to keep using the Software.

1.b) Restrictions

By clicking “I accept”, you agree not to:

  • commercially exploit the Software or the content on the SF website in any manner;
  • frame or enclose any trademark, logo, or other content from the Software or from the website (including images, text, page layout, form, etc.);
  • use any metatags or other “hidden text” using SF’s name or trademarks;
  • modify any part of the Software of content on the SF website (including modifying, translating, adapting, merging, disassemble, decompile, reverse engineer, etc.);
  • use any manual or automated software, devices or other methods (including but not limited to spiders or other data mining tools) to “scrape” or download data from any web pages in the Site;
  • access the website, content and/or Software to build a similar competitive website, Software or content;
  • copy, reproduce, distribute, republish, download, display, post or transmit any SF content except where permitted herein;
  • remove or destroy any copyright notices or other proprietary markings contained on or in the SF content.

SF reserves all rights not granted in these Terms. Any unauthorized use of the Software or content of the website will terminate the right to use granted by SF.

1.c) Third party API providers

SF’s software and/or website content may provide access to applications provided and/or hosted and/or enable Users to transfer custody to another party such as:

  • Crypto assets;
  • Cryptocurreny exchanges;
  • Informatio providers for price data, market data, etc.;
  • Other third-party services;
  • Third-party custodial services (including but not limited to custodial lightening network wallets). SF is not responsible for any loss of funds resulting from using type of third party custody integration.

All cryptocurrency exchanges and any information provided in the context thereof are provided by third-party service providers, and SF itself does not exchange virtual currencies.

Access to third-party API providers may be geo-blocked for residents of certain countries and certain states of the U.S.A. SF will take the necessary steps to protect its platform, including the security of its data there can be no assurance that any security measures SF have implemented will be effective against current or future security threats. Unauthorized access, disclosure, modification, misuse, loss, etc. of Users data can be the result if the security measures of SF, and/or third-party providers, should fail.

SF does not guarantee the accuracy of information provided by third-party providers (such as digital market prices and other relevant market data). It is the Users responsibility to verify any information before relying on it. The User understands that the information provided belongs to the third-party providers and SF assumes no ownership or any responsibility over such information nor assumes any liability for any decisions made based on said information.

It is the responsibility of Users to ensure storage of their private keys in a secure system. Additionally, SF strongly suggests that Users do not share any of their credentials, private key, etc. with a third party without having verified their legitimacy. SF will never ask Users to share their information with SF.

Users are subject to the terms of third party providers once they exit the Software, and SF is not responsible for the performance/failure to perform, loss of funds, processing of transactions, content information, and similar activities of those third party providers.

1.d) User Content and User Conduct

When interacting with the Software and/or the website, Users are solely responsible for any data and/or information provided or uploaded (i.e. in connection with a user forum, or in connection with a support requests/contact request) (“User content”). Users own their User content. By interacting with the website and/or Software (i.e. posting, displaying, sharing or distributing User content) Users grant SF and its third party API providers a nonexclusive right to use the User content for the purpose of operating the website and the Software.

SF may disclose information, including User content, to comply with legal process, enforce these Terms, respond to your requests for customer service, and to protect the rights, property and/or personal safety of SF, its employees, directors, officers, partners, agents, and/or members of the public.

SF may delete any User content that are deemed to violate SF’s terms.

Users may not use the website, software, or any other services provided by SF in a way that is prohibited by these Terms or any applicable laws and/or regulations. These prohibited actions (including the attempt thereof) include but are not limited to:

  • Infringing on any intellectual property rights of any other person or entity;
  • Threats, harassment, fraud, obscene and/or offensive, libelous- defamatory- deceptive- and other unlawful behavior and actions;
  • Unauthorized and/or unsolicited advertising, junk and/or bulk e-mail;
  • Commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, betting, advertising, and pyramid schemes;
  • Impersonating any person or entity, including any employee or representative of SF and its partners and affiliates;
  • Any interference with the proper functioning of the website, the Software, and its services, including but not limited to introducing viruses, worms, or similarly harmful code into the website, the Software, and/or the services.

2. Ownership

SF and its affiliates and/or suppliers own all the rights and interests in and to the content on the website, the Software, and related services.

Users are not permitted to remove, alter and/or obscure any copyright, trademark, service mark or other proprietary rights notices to the SF content.

Users may provide feedback in the form of ideas, suggestions, documents, and/or proposals about the website, the Software and/or related services through the feedback means available. SF is permitted to use the feedback for any legitimate purpose.

3. Indemnification

Users agree to indemnify and hold SF harmless from any losses, costs, liabilities and any expenses relating to the use or inability to use the Software, the website, and related services, Users violation of the Terms, Users violation of any rights of other parties, Users violation to any applicable practices, laws and/or regulations.

4. Disclaimer of Warranties

All risk of use of the website, the Software, and related services rest entirely with Users. SF provides the website, the Software, and any information related to the aforementioned “as is” and “as available including any possible faults. SF expressly disclaims any and all warranties, representations, and conditions arising from or relating to the Terms, Users use of the website, the Software, its related services, and any information relating to the aforementioned (including but not limited to implied warranties of any kind, and fitness for a particular purpose).

SF may release new “Beta” features or tools which Users may test. These features or tools are only for test purposes, without warranty of any kind, and SF reserves the right to modify or discontinue these at any time.

5. Liability

Users understand that SF will at no time be held liable for any kind of lost profits, revenue, data, damages, loss of production, business interruption, or anything of that nature in connection with Users use of the website, the Software, and related services. Furthermore, SF will at no time be held liable for any costs related to the aforementioned. This includes circumstances in which SF may have been alerted to the possibility of the aforementioned.

These limitations do not apply to damages caused by fraud, gross neglect, or willful misconduct on the part of SF, or where these limitations are precluded by applicable law.

6. Term and Termination

The Terms come into effect as soon as User accept them (see preamble above) and remain valid and in full force for as long as User accesses or uses the website, the Software, and/or related services unless terminated in accordance with this section.

SF may at any time, and for any reason, cease providing or terminate access to the Software, to the website, and/or related services. SF may also at any time, and for any reason, terminate the Terms.

User can terminate the Terms upon ceasing usage of the Software and/or related services and by no longer visiting the website.

Once termination is in effect, Users right to use the Software, the website, and/or its related services will automatically and immediately terminate, and SF will have no liability whatsoever towards Users suspension or termination.

7. Dispute resolution

Users agree that any dispute, controversy, or claim arising out of, or in relation to these terms, including regarding the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules.

The number of arbitrators shall be one;

The seat of the arbitration shall be in Zürich, Switzerland;

The arbitral proceedings shall be conducted in English.

Within 15 days from receipt of the Notice of Arbitration, the Respondent shall submit to the Secretariat an Answer to the Notice of Arbitration together, in principle, with any counterclaim or set-off defense. If the circumstances so justify, the Court may extend or shorten the above time limit. The dispute shall be decided on the basis of documentary evidence only.

Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.

8. General provision

Users communication with SF and/or its website, its Software, and/or related services are conducted electronically. Users consent to receiving electronic communication from SF, and that all terms and conditions, agreements, notices, disclosures fulfill the respective legal requirements.

Users cannot assign, delegate, or otherwise transfer their rights and obligations under these Terms without the consent of SF.

SF cannot be held liable for failing to deliver or perform due to circumstances outside of its control, including but not limited to embargos, riots, terrorism, war, fire, floods, accidents, strikes, shortages of fuel, energy, labor and/or materials.

9. Governing Law

These Terms are governed by the laws of Switzerland.

10. Notice

Users are required to provide a valid e-mail address where prompted. If the e-mail address is not valid or is not able to deliver any communication to User for any reason, SF’s dispatch of the e-mail containing any notice will nevertheless constitute effective notice.

Users may give notice to SF by e-mail at the following address: SwissFortress AG, c/o Ikigai Ventures GmbH, Oberneuhofstrasse 6, 6304 Baar, Switzerland.

11. Questions, complaints, claims

Please contact: info@swissfortress.com

12. Severability

If any portion of the Terms are held to be invalid or unenforceable, that portion shall be interpreted to reflect the original intent, as closely as possible. The remaining portions will remain in full force and effect.