You may use NFTY (hereinafter referred to as the "Platform" (or
any part thereof) only in accordance with the terms and conditions
Acceptance of the terms
entering, connecting to, accessing or using the Platform you
acknowledge that you have read and understood the following Terms
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.
provider of the Platform is DexTech AG, Dammstrasse 16, 6300 Zug,
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.
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.
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 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.
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
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.
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
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.
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.
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
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.
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
do not own or control the underlying software protocols that govern
the operation of the digital assets supported by our service.
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
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.
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.
assume no responsibility or liability in connection with any
attempt to use our service for digital assets that we do not
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.
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.
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.
under other mandatory legal provisions remains unaffected.
may not offer, distribute, make available and/or link to any
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.
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
links to advertisements, third party sites, etc. are not
allowed.You must observe the general rules of courtesy. In
particular, you are prohibited from:
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
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;
operate more than one user profile at the same time;
illegal content or content that involves nudity or content that is
offensive to other users;
distribute, make available or link to content protected by
copyright, trademark or other laws;
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;
carry out electronic attacks on the Platform or its software, in
particular by means of crawlers, bots, viruses, etc.;
modify or otherwise interfere with software of our service without
rent, rebuild, transfer, sublicense or share any software of our
service, in whole or in part, by yourself or through third
action that unreasonably interferes with the service, including
DOS actions, unwarranted exposure to bot services, or the like.
may be temporarily or permanently barred from further access to the
service in the event of a suspected or proven violation of these
no right to recovery.
assertion of further claims in the event of violations by users, in
particular for damages, remains unaffected.
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
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.
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
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.
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.
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.
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
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
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).
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.
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.
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
processing of your personal data, e.g. transfer to third parties,
will only take place if:
have given your consent to this in accordance with Art. 6 para. 1
lit. a DSGVO,
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
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,
is a legal obligation for the processing according to Art. 6 para.
1 lit. c DSGVO.
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
Data subject rights
have the right:
request information about your personal data processed by the
Platform in accordance with Art. 15 DSGVO;
accordance with Art. 16 DSGVO, to request without undue delay the
rectification of inaccurate or incomplete personal data about you
stored by the Platform;
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
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
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
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
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.
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.
you wish to exercise your right of revocation or objection, an
email to the Platform is sufficient.
EU Commission provides a platform for online dispute resolution (OS
platform). This can be found here: www.ec.europa.eu/consumers/odr.
Platform is neither obliged nor willing to participate in a dispute
resolution procedure before a consumer arbitration board.
The law of the country in which the provider has its registered office
in part, the remaining provisions shall remain unaffected.