Terms and Conditions

Acceptance of the terms

1. By entering, connecting to, accessing or using the Platform you acknowledge that you have read and understood the following Terms of Use including the Terms of our Privacy Policy (collectively, the “Terms” and/or “Terms of Use”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Platform, and you acknowledge that these terms constitute a binding and enforceable legal contract between NFTY and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICE.
2. The provider of the Platform is DexTech AG, Dammstrasse 16, 6300 Zug, Switzerland.
3. Our service is intended exclusively for persons of full legal capacity. Any use or access to our service by anyone who does not meet these requirements, in particular is not 18 years old, is prohibited.
4. I agree that I am not a U.S. citizen and/or resident, as U.S. citizens and/or residents are prohibited from participating in and/or using any and all products and services created by and/or associated with NFTY, including any and all of its subsidiaries. I agree that if I am not a U.S. citizen and/or resident, I may only participate if I am outside of the United States. I agree that if I am inside of the U.S. or any of its territories and I circumvent the geo-IP blocking and/or fencing mechanisms, that I am doing so unlawfully and in violation of the NFTY Terms of Service. Users from the following countries will not be able to use NFTY: Afghanistan, Belarus, Burundi, Central African Republic, China, Congo, Costa Rica, Democratic People’s Republic of Korea, Ethiopia, Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Switzerland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Uganda, Ukraine, United States, Venezuela, Yemen, Zimbabwe. This list of excluded countries may be subject to change and may vary from project to project.
5. The Platform is entitled to change these Terms of Use at any time. The Platform will notify you of any changes in a timely manner, at least four weeks in advance. If you do not object to the changes within two weeks after notification, the changes shall be deemed accepted. You will be informed of this again when you are notified of the changes. In the event that you object to the changes, the Platform reserves the right to discontinue further use.

Account / registration

1. Your account allows you to access the functionalities of our service. By registering, you confirm that you are the sole beneficiary and user of the service. Your access data must be kept secret and may not be disclosed to third parties. You must choose a sufficiently secure password and update it regularly. Use of the service by third parties on your behalf is also prohibited, with the exception that you are a legally or contractually confirmed representative of the registered user (in the case of legal entities). In case of violations we take the liberty to exclude you temporarily or permanently from using the service.
2. The information you provide during registration and use of the service must be true and complete. As part of the registration process, we may be required to request certain information from you, in particular for identity verification purposes and for the prevention of money laundering, fraud, terrorist financing or other illegal financial transactions. In this context, you may be required to undergo certain verification processes, in the course of which we may also be required to verify and/or disclose information.

Interoperability and availability

1. To use the Platform, you must have suitable hardware and software that is compatible with the Platform. We do not guarantee that the Platform is compatible with your devices and software.
2. The Platform is constantly striving to improve its services and to offer you additional useful functionalities. The content and scope of the functionalities may be changed, limited, extended or discontinued at any time due to continuous development of the service.
3. The platform is especially entitled to change the subject matter of the service, as far as this is necessary for an important reason, and the subject matter of the service is not substantially deviated from. An important reason in this context exists if the subject matter of the service is adapted to technical developments, third parties from whom the Platform obtains the necessary preliminary services change their range of services or legal provisions or court decisions make a restriction or extension of the subject matter of the service necessary. The Platform is entitled to limit the scope of the content to be posted by you by changing the subject matter of the service.
4. The Platform is entitled to discontinue or change the services at any time or to modify them in any other way, provided that the modification or deviation is reasonable for the users, taking into account the interests of the Platform.
5. No claim due to interrupted or lack of trouble-free access and/or to any form of interrupted usability or accessibility shall stand. This applies in particular to the extent that lack of access is caused by disruptions that are not the responsibility of the Platform. For technical reasons (e.g. maintenance), there may be restrictions on the availability of the services or individual functionalities in terms of time and/or content. Temporary service interruptions due to the usual maintenance work, disruptions at third-party providers or network operators as well as in the event of force majeure are possible at any time.

Responsibility and liability

1. Digital assets are experimental and risky. The service attempts to provide fair and accurate pricing and transaction fee information. However, this information is volatile and subject to change without notice. The price offered to each user for each transaction may be a user-specific or transaction-specific price. Prices may specifically take into account factors such as brokerage, risk, liquidity and other proprietary factors.
2. The Platform reserves the right to refuse or cancel any action if required by law, subpoena, court order or other binding governmental order, or for good cause shown. We also reserve the right to intervene, if necessary, when there is a threat of fraud or illegal activity. We further reserve the right to refuse or cancel any action due to technological problems with the blockchain software, our software, or for other technological reasons. We cannot reverse a transaction that has been sent to a blockchain network.
3. We do not own or control the underlying software protocols that govern the operation of the digital assets supported by our service.
4. It is your sole responsibility to determine whether and to what extent taxes are due on any transactions you process through the service and to withhold, collect, report, and remit the correct amounts of taxes.
5. The information presented is non-binding advice. The Platform does not endorse or recommend any particular shopping strategy, digital asset or transaction. Our offerings and communications do not constitute buying or investment advice. Independent advice should be sought where appropriate. The user acknowledges and agrees that all transaction decisions are made solely by the user and we have no responsibility or liability for the outcome of any decisions.
6. The risk of loss in buying or selling digital assets may be substantial. The user must therefore carefully consider whether the purchase or sale of a digital asset is suitable for him/her in light of his/her financial situation.
7. We assume no responsibility or liability in connection with any attempt to use our service for digital assets that we do not support.
8. By using the service, you acknowledge and agree that we are not responsible for the operation of the underlying protocols and we do not guarantee their functionality, security, or availability, and that the underlying protocols are subject to sudden changes in operating rules that may materially affect the value, function, our ability to list a particular asset on our website, and/or even the name of the digital asset. We have no control over the assets, wallets, trades, etc. We are not to blame if a user makes mistakes and no longer has access.
9. The user has no claims for damages; this does not apply to claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Platform, its legal representatives or agents. Cardinal contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the other contracting party may regularly rely.
10. Notwithstanding the aforementioned provision, in the event of a breach of cardinal contractual obligations, the Platform shall only be liable for the foreseeable damage typical for the contract. Liability for loss of profit, indirect damages, consequential damages and claims of third parties are excluded in this case.
11. Liability under other mandatory legal provisions remains unaffected.

Duties

1. You may not offer, distribute, make available and/or link to any content that violates applicable law or these Terms of Use. This applies in particular to insulting, glorifying of violence, discriminating, pornographic, offensive or illegal content or for criminal acts. It is prohibited to use legally protected terms, names, pictures, videos, or similar.
2. You must keep any messages or other content that you receive from us or from other users in connection with the use confidential and may not make them available to third parties without the consent of the person concerned.
3. Any links to advertisements, third party sites, etc. are not allowed.You must observe the general rules of courtesy. In particular, you are prohibited from:
   1. to harass other users or third parties, to research users on a sustained basis and against their apparent will and/or to stalk them on other platforms, to threaten, deceive or harm the persons concerned;
   2. to create a profile or use a pseudonym that violates the rights of third parties, imitates the spelling of other pseudonyms for the purpose of misleading other members or is sexually oriented;
   3. to operate more than one user profile at the same time;
   4. post illegal content or content that involves nudity or content that is offensive to other users;
   5. offer, distribute, make available or link to content protected by copyright, trademark or other laws;
   6. send messages for profit (spamming, scamming, hoaxes, advertisements, classifieds, etc.) or make such content available, in particular by referring to other services of a similar nature;
   7. to carry out electronic attacks on the Platform or its software, in particular by means of crawlers, bots, viruses, etc.;
   8. decompile, modify or otherwise interfere with software of our service without authorization;
   9. sell, rent, rebuild, transfer, sublicense or share any software of our service, in whole or in part, by yourself or through third parties;
   10. Any action that unreasonably interferes with the service, including DOS actions, unwarranted exposure to bot services, or the like.
4. Profiles that violate the Terms of Use may be immediately suspended. Users may be temporarily or permanently barred from further access to the service in the event of a suspected or proven violation of these Terms of Use. In this case, we may delete the user's data; there is no right to recovery.
5. The assertion of further claims in the event of violations by users, in particular for damages, remains unaffected.

Rights of use

1. With the exception of content created by users or content that is used on the basis of open source, the exclusive rights of use (in particular, but not limited to: copyrights, trademark rights, rights to a name, design rights) are held by the Platform or its licensors/partners.
2. You receive a personal, worldwide, free of charge, non-transferable, non-exclusive and revocable right to access and use the offered service. Any use beyond this is not permitted.
3. All rights to the service and any related content, designs, technologies or markings are owned exclusively by the Platform, unless otherwise stated or obvious.

Personal data protection

1. Personal data is processed by the Platform exclusively in compliance with the applicable data protection regulations, in particular the Swiss Data Protection Act (DPA) and the EU General Data Protection Regulation (GDPR). In order to ensure comprehensive and harmonized data protection, the Platform follows the strict requirements of the DSGVO in particular, which is why the following data protection declaration also refers to provisions of the DSVGO in this respect.
2. Personal data is all information relating to an identified or identifiable natural person, e.g. names, addresses, e-mail addresses, but also all data that can be indirectly assigned to a natural person (e.g. IP address).
3. All data transmitted to the Platform will be treated confidentially. The data will - subject to the following paragraphs - not be made available to third parties for use, unless you have given your consent to this or the Platform is entitled or obliged to disclose this data (for example due to a court order). Third parties do not include external service providers who provide services in the name of and on behalf of the Platform.
4. The Platform uses appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. The security measures are continuously improved in accordance with technological developments.
5. The controller of the service provider is DexTech AG, Dammstrasse 16, 6300 Zug, Switzerland.

Collection and further processing of personal data as well as type and purpose of its use

1. Processing of data: In principle, there is no legal or contractual obligation to provide your data; however, within the framework of the contractual relationship, it may be necessary to process certain data for the purpose of providing our services or on the basis of legal obligations so that we can provide our services to you (legal basis is Art. 6 para. 1 lit. b DSGVO).
2. Log data when using the website: When you merely use the website, we collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data on the basis of legitimate interests to this extent, which are technically absolutely necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO): IP address, date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (specific page), access status/HTTP status code, respective amount of data transmitted, website from which the request comes, browser, operating system and its interface, language and version of the browser software. The data is stored in log files and is not merged with other data. The data is usually deleted after one month at the latest.
3. Log data for app use: The use of the service requires the processing of data that is automatically collected during the usage process. This data includes the IP address, information about the user agent, and the date and time of use of the services. The data is stored in the log files of our system. Storage together with other personal data does not take place. The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f) DSGVO. The collection and storage of data in log files is mandatory for the operation of the app. The data will be deleted immediately after use.
4. Storage of wallet addresses: If necessary it is required to store your wallet addresses. In this respect, the app stores the wallet address including the assignment to the respective cryptocurrency, the trading platform and the corresponding wallet. This storage is based on Art. 6 (1) lit. b DSGVO. The data will be deleted as soon as you delete the wallet address within the service.

Disclosure and further processing of personal data

1. Further processing of your personal data, e.g. transfer to third parties, will only take place if:
   1. you have given your consent to this in accordance with Art. 6 para. 1 lit. a DSGVO,
   2. this is necessary according to Art. 6 para. 1 lit. b DSGVO for the processing and fulfillment of the contractual relationship existing with you (i.e. in particular for the fulfillment of our performance obligations);
   3. the processing according to Art. 6 para. 1 lit. f DSGVO is necessary for the protection of legitimate interests, in particular for the assertion, exercise or defense of legal claims, and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
   4. there is a legal obligation for the processing according to Art. 6 para. 1 lit. c DSGVO.
2. Recipients of the data may also be service providers on whose services we rely for the operation of our Plattform (e.g. technical service providers for the maintenance of the software and IT landscape) and for the fulfillment of our contractual obligations and who process the data exclusively in accordance with instructions; such service providers are active for us within the framework of a data processing agreement.

Data subject rights

1. You have the right:
   1. to request information about your personal data processed by the Platform in accordance with Art. 15 DSGVO;
   2. in accordance with Art. 16 DSGVO, to request without undue delay the rectification of inaccurate or incomplete personal data about you stored by the Platform;
   3. pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by the Platform, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
   4. in accordance with Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
   5. pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to the Platform in a structured, common and machine-readable format or to request the transfer to another controller;
   6. in accordance with Art. 7 (3) DSGVO, to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future, and
   7. complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace for this purpose.
2. If your personal data is processed on the basis of legitimate interests pursuant to Article 6 (1) lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Article 21 DSGVO, provided that there are reasons for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by the Platform without specifying a particular situation.
3. If you wish to exercise your right of revocation or objection, an email to the Platform is sufficient.

Dispute resolution

1. The EU Commission provides a platform for online dispute resolution (OS platform). This can be found here: www.ec.europa.eu/consumers/odr.
2. The Platform is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

1. The law of the country in which the provider has its registered office shall apply.
2. Should provisions of these terms of use be or become invalid in whole or in part, the remaining provisions shall remain unaffected. V02120321