Terms of Use
1. Acceptance of the Terms
Consultation and use of the website www.scrypt.swiss(“Website”) provided by SCRYPT Digital Investments AG (CHE-303.372.623),c/o SCRYPT Digital Trading AG, Dammstrasse 16, 6300 Zug, Switzerland (“Scrypt Investments”) and Scrypt Digital Trading AG (CHE-289.979.451), Dammstrasse16, 6300 Zug Switzerland (“Scrypt Trading”; together “Scrypt Entities”or “we”) is subject to the present terms of use (hereafter “Terms ofUse”).
By accessing and using the Website, you explicitly acknowledge and confirm that you have read, understood and accept these Terms of Use as well as the Privacy Policy available on the Website. If you do not understand or do not agree with these Terms of Use and/or the Privacy Policy, do not use the Website.
These Terms of Use can be changed at any time with immediate effect and without notice. Access to and use of the Website may be restricted or terminated at anytime and without notice. Continued access to the Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.
2. No Offer or Advice
This website is for information purposes only and does not constitute an advertisement, a recommendation, an offer or solicitation of an offer for any financial productor service, digital or other asset or currency and may not be construed as such. Any information, description, statements or opinions provided via the Website do not consider individual users circumstances, objectives, or needs.They do not constitute tax, legal, or investment advice and may not be construed as such.
Before making an investment decision, you are strongly urged to evaluate the product's suitability to your particular circumstances and to independently review, with professional advisors, the specific risks incurred, particularly at the financial, regulatory, and tax levels. The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise. An investment may also lose value due to changes in rates of foreign exchange.
3. Legal Restrictions / Eligibility
The information contained within the Website is addressed exclusively to qualified investors in accordance with art. 10 of the Swiss Collective Investment Scheme Act (“CISA”) as well as professional and institutional clients in accordance with art. 4 and 5 of the Swiss Financial Services Act (“FinSA”). Access is therefore forbidden to any other individual or legal entity and the Scrypt Entities decline all responsibility in case of unauthorised access.
The Website is not directed to, or intended for distribution to or use by, any individual or legal entity who is a citizen or resident of, or located in, any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorisations have not been obtained by the Scrypt Entities. Individuals and legal entities in such jurisdictions must not access or use the Website.
The information, descriptions, statements and opinions on the Website are descriptive with regard to the Scrypt Entites and the services described may not be available to or suitable for all users. The fact that a user accesses the Website does not make him a client or eligible to be a client of one or both of the Scrypt Entities.
4. Disclaimer of Warranty
The access and use of the Website is made at your own risk. You understand and agree that the Website is provided on an “as is” and “as available” basis and that we expressly disclaim all warranties or conditions of any kind, whether express, implied, statutory or otherwise. All examples of financial strategies/investments set out on the Website are for illustrative purposes only. In particular, no assurance can be given that any forecast or target performance will be achieved, and past performance is no guarantee of current or future returns.
Scrypt Entities and third-party information providers pay particular attention to the preparation and update status of the data provided. Nevertheless, they do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, timeliness, accuracy, completeness, update status, availability or legality of the information published on the Website. Moreover, while real time information is obtained from what are believed to be reliable sources, no guarantee can be given in this respect either by the Scrypt Entities or by third party information providers. Furthermore, information may be modified at any time without any prior notification.
5. Exclusion of Liability
To the fullest extent permitted by applicable law, in no event shall the Scrypt Entities, its directors, officers, employees, agents or shareholders, nor third party information providers, their directors, officers, employees, agents or shareholders have any liability whatsoever to any individual or legal entity for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise asa result of accessing the Website or using the information and services available on the Website, or as a result of the inability to access or use any information or services available on the Website or any links to third party websites.
In particular, any liability of Scrypt Entities, its directors, officers, employees, agents or shareholders for any loss or damage incurred as a result of errors, technical or otherwise, transmission failures, system overloads, utilisation problems, interruptions in services (including, but without restriction, by system maintenance services), any delay in the transmission of information, incompatibility between the Website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, other cyber-attack including unauthorised access (e.g. as a result of hacking or piracy activities), the wilful blocking of telecommunications tools or networks (e.g. as a result of e-mail-bombing or denial-of-service attacks) or any other failure or inadequacy on the part of telecommunication or network service providers is expressly excluded to the fullest extent permitted by applicable law.
6. Indemnification
You agree to defend, indemnify, and hold harmless, the Scrypt Entities, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
7. Links to other Websites
The Website may contain third-party content and links to third-party websites. Links to third-party websites provided by the Website are provided for the purposes of information and convenience. Scrypt Entities have absolutely no influence over these third-party websites. For this reason, Scrypt Entities assume no responsibility for the correctness, quality, completeness and legality of such websites' content or for any offers, products and services which they may contain. The responsibility for this lies with the operator of the websites accessed via the links. Scrypt Entities cannot be held liable for this. Accessing these websites via such links is at your own risk.
8. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Scrypt Entities, their licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent. The name, the logo, and all associated names, logos, product and service names, designs, and slogans of Scrypt Entities are trademarks of Scrypt Entities or their affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Under no circumstances does your use of the Website grant you any ownership rights or other interest in any such marks or content on the Website.
9. Applicable Law and Place of Jurisdiction
The Terms of Use and / or the use of this Website shall be governed by and construed in accordance with Swiss law, excluding theSwiss conflict of law rules.
The sole place of jurisdiction for all disputes arising out of or in connection with these Terms of Use and / or to the use of this Website is Zug, Switzerland. Scrypt Entities nevertheless reserve the right to initiate proceedings before the competent court at your place of residence or domicile or any other competent authority.