Terms of Use

Effective Date: 29 of June 2023

CEX DIGITAL MARKETS AG is a company duly incorporated and registered under the laws of Switzerland, bearing the registration number CHE-297.019.613, having its registered address at Gotthardstrasse 3, 6300 Zug, Switzerland. CEX DIGITAL MARKETS AG is a Swiss regulated entity and subject to the rules set out by the Swiss self-regulatory organization VQF (Financial Services Standards Association).

These Terms of Use (“Terms”) govern your use of CEX DIGITAL MARKETS AG website (“Website”) and its associated services, provided by CEX DIGITAL MARKETS AG (“CENEX”, “we,” “us,” or “our”). BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THIS SITE AND DO NOT USE OUR SERVICE.

1. General Provisions

1.1. By accessing or using the website, you affirm that you are of legal age to enter into these Terms or that you have obtained parental or guardian consent to do so. You also affirm that you have the legal capacity to enter into a binding contract with CENEX.

1.2.CENEX reserves the right to modify these Terms at any time by posting an updated version on the website. It is your responsibility to review the Terms periodically. Continued use of the website after any modifications constitutes your acceptance of the updated Terms.

1.3.Access to this website may be subject to the laws applicable to the jurisdiction from where the website is being accessed.

2. No offer or advice

2.1.Any content of this website is for information purpose only and does not constitute an advertisement, a recommendation, an offer, or solicitation nor any advice or representation. Content of this website shall not be considered as an offer for the purchase or sale of a financial product or an offer for the provision of services or any representation that an investment or strategy is suitable for individual circumstances.

2.2.Prior to making decisions, investors should conduct through investigation and obtain all necessary professional advice for all matters, including your eligibility to make such investment in terms of the applicable law.

3. Privacy Policy

3.1.You agree that the CENEX may collect, process, and use personal data about you according to the Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing, and you warrant that all data provided by you is accurate.

4. Disclaimer of warranties and limitation of liability

4.1.This website and its content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. CENEX does not warrant that the website will be error-free, secure, or uninterrupted.

4.2.The information and opinions on the website are descriptive of CENEX as a whole and the services described may not be available or suitable for all investors. The fact that a user accesses the website does not make him a client or eligible to be a client of CENEX.

4.3.To the extent permitted by law, CENEX will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect, or consequential loss, unless the loss suffered arose from negligence or willful deceit or fraud. Nothing in these Terms excludes or limits the liability of either party for fraud, death, or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not be limited or excluded by law.

4.4.If we are unable to perform the services outlined in the Terms due to factors beyond our control including but not limited to an event of force majeure, change of law, or change in sanctions policy, we shall not be liable for the services provided under this agreement during the time period coincident with the event.

5. Performance

5.1.The past is not an indication of the future performance of an investment. The value of investments may be a subject to fluctuations and investors may not get back the amount invested.

6. Intellectual Property Rights

6.1.CENEX retains all right, title, and interest in and to the website and its content, including but not limited to trademarks, logos, design elements, text, graphics, and software. These Terms do not grant you any ownership or intellectual property rights on the website or its content.

6.2.Any other use of the website content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display, or transmission, in whole or in part, without the prior written consent of CENEX is strictly prohibited.

6.3.Subject to your compliance with these Terms, CENEX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the website for its intended purposes.

7. Reservation of rights

7.1.CENEX may block, terminate, or suspend your ability to use or access the website, in whole or in part, without notice and at all times, at the sole discretion CENEX, as well as close or interrupt the website. CENEX reserves the right to terminate your right to access and use this website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for CENEX.

7.2.CENEX reserves the right to initiate legal proceedings against any person for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these Terms.

8. Third-party content

8.1.This website may contain links which direct you to third-party websites. CENEX rejects any liability on said third-party websites, which are solely provided in the users’ and visitors’ interest.

8.2.CENEX has no influence on the content of third-party websites. CENEX therefore cannot assume any guarantee for the accuracy, completeness, or safety of this third-party content.

9. Governing Law and Jurisdiction

9.1.These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Zug, Switzerland.

10. Severability

10.1.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and CENEX regarding the use of the website, superseding any prior agreements or understandings.

11. Contact

11.1.If you wish to contact us, please do so at the following address: Gotthardstrasse 3, 6300 Zug, Switzerland or at the following e-mail address: [email protected].