General Terms of Use
Last updated December 19, 2024
INFORMATION ABOUT US
swissmoney is a brand of Swiss Wealth Management AG. Swiss Wealth Management AG is affiliated with d’Organisme de Surveillance pour Intermédiaires Financiers & Trustees (“SO-FIT”) (affiliation No.: 1179). SO-FIT is a self-regulatory organization approved by the Swiss Federal Financial Markets Supervisory Authority (FINMA) for the supervision of financial intermediaries referred to in article 2 al. 3 of the Swiss federal law on the fight against money laundering and the financing of terrorism (MLA). As swissmoney is not subject to direct FINMA supervision, regulatory issues should be addressed to SO-FIT.
As used in these Terms of Use, “swissmoney” refers to the company Swiss Wealth Management AG, registered with the Swiss Companies Register under the company number CHE-105.854.576 with its registered address at Metallstrasse 8, 6300 Zug, Switzerland.
swissmoney is not a bank and, as such, client deposits are not covered by the Swiss Deposit Protection Scheme, which protects deposits up to CHF 100,000 held with licensed Swiss banks and securities dealers.
References to swissmoney are also references to its owners, directors, investors, employees.
swissmoney is an introducing platform operated by Swiss Wealth Management AG which connects its Clients to authorized third-party service providers (partners of swissmoney). When you register on swissmoney, you agree that your identity verification information and documents might be shared with third-party service providers . While using swissmoney platform, your identity verification information and personal data might be securely shared with the other relevant third-party service providers for the purpose of providing the service as indicated in these Terms. All customer funds are securely held by regulated financial institutions.
ACKNOWLEDGMENTS
By using this website (“Site”), registering for a swissmoney Account (“Account”) or using any other swissmoney Services, you (“you, your, or yourself”) are agreeing to accept and comply with the Terms and Conditions of use stated below (“Terms of Use”). You should read the entire Terms of Use carefully before using this Site or any of the swissmoney Services.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms of Use, then you may not access the Service.
Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow the rules and regulations applicable in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, swissmoney grants you the personal, non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the Site and the Service.
Equivalent value of your assets in swissmoney account may be held in various asset forms with different liquidity characteristics.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE OUR SERVICE.
DEFINITIONS
Account (or Profile): The contractual arrangement wherein a swissmoney Member has accepted our Terms of Use and Privacy Policy, and received approval to use swissmoney Services, including the option to open an IBAN account, purchase a credit card or purchase and sale of cryptocurrencies, to perform associated Transactions and use swissmoney and/or swissmoney partners services.
Beneficial Owner: Any natural person who owns the Client (a legal person or a foreign undertaking) or controls the Client and/or the natural person on whose behalf a transaction or activity is being conducted.
Bitcoins: The Peer-to-Peer Internet digital currency further described at Bitcoin.org.
Cryptocurrencies: All digital currencies, including but not limited to Bitcoin.
Buyer(s): Member(s) that are submitting an offer to buy cryptocurrency and/or precious metals through the Service.
Commission or Fee: The charges or fees payable by you to us for the Services as set out in the Terms of use and its supplements or on a transaction basis, such as a buy or sell of cryptocurrency or precious metals.
Company: Means Swiss Wealth Management AG and its brand swissmoney, a company registered with the Swiss Companies Register under the company number CHE-105.854.576 and authorized member of SOFIT with member number 1269, having its registered address at Metalstrasse 8, CH-6300 Zug, Switzerland.
Member(s) or Client(s): A natural or legal person, accepted by the Company as its Client to whom services will be provided by the Company under the Terms.
Personal Data: Information that identifies an individual, such as name, address, e-mail address, trading information, and personal details. “Personal Data” does not include anonymized and/or aggregated data that does not identify a specific user.
Price: The “price per coin” for which Members are willing to purchase or sell cryptocurrencies, using the Service in a purchase or sell transaction. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies. swissmoney may not offer currencies other than Euros at this time.
Seller(s): Member(s) that submit an offer to sell cryptocurrencies and/or precious metals through the Service.
Service(s): The technological platform, functional rules, client KYC & AML verification and market managed by swissmoney to permit Sellers and Buyers to purchase and sell cryptocurrencies, precious metals and other services provided by regulated partners of swissmoney.
Transaction: Includes the following (as available from time to time):
The action between the Member to Buy and/or Sell cryptocurrencies through the Service for currencies at the then-current market rate.
The transfer of cryptocurrencies between Members (“Transfer Transaction”);
The transfer of cryptocurrencies among Members (“Transfer Transaction”);
The transfer of currencies among Members (“Currency Transfer Transaction”); and
Transaction Price: The total price paid by the Buyer for each Transaction performed through the Service.
BUSINESS MODEL AND SUPERVISION
The business model and Service(s) of swissmoney is to facilitate, through its secure money transfer platform, the buying and selling of cryptocurrencies, precious metals trading, enabling customers to open IBAN account(s) and/or order credit/debit card(s) for Members, and/or convert funds between different currencies among other services, as available from time to time.
swissmoney is an authorized member firm of d’Organisme de Surveillance pour Intermédiaires Financiers & Trustees (“SOFIT”), a self-regulatory organization (“SRO”) recognized by the Swiss Financial Market Supervisory Authority (FINMA) and as required by the Swiss Federal Law on combating money laundering and terrorism financing in the financial sector (AMLA). Regulatory issues regarding swissmoney should be addressed to SOFIT.
ACCOUNT APPLICATION AND VERIFICATION
The creation and use of your Account is subject to verifications, as required by statutory and regulatory obligations incumbent on swissmoney. You agree to provide us with the information we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime. The requested information may include Personal Data (please refer to our Privacy Policy). By providing us with the information we request, you confirm that it is true and accurate, and agree to inform us in case of change concerning such information. Your Account will be blocked until we will satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your Account. In the meantime, you will not be allowed to terminate your Account or request the deletion of the Personal Data processed in the course of verification operations. swissmoney utilizes and thus securely shares information with a third-party KYC/AML verification tool in addition to its internal identification screening procedures.
It is understood that we are not required (and may be unable under Applicable Regulations, including without limitation anti-money laundering checks, etc.) to accept a person as our Client. It is further understood that we reserve the right to impose additional due diligence requirements to accept Client(s) residing in certain countries or whenever this is required by the Company or our partner’s policies.
It is allowed to create only one Active Profile per Client with the Company. In the event that the Client has more than one Profile with the Company, the Company reserves the right to treat them as if they were under one Account and request the Client to choose the Main Profile in order for the duplicate Profile(s) to be terminated and/or merged (if technically possible).
ACCOUNT OPENING ELIGIBILITY
The Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence.
By registering for an Account, you expressly represent and warrant:
That you have accepted these Terms of Use and Privacy Policy
That you are at least 18 years of age;
That you are not a citizen or resident of the countries which the Company does not accept as Clients;
That you have capacity to act, i.e., to create rights and obligations through your actions.
Without derogating from the above, the Company reserves the right, acting reasonably, to suspend and/or refuse access to and use of the Company’s service(s) and/or system(s) and/or Platform to anyone in our sole and absolute discretion.
MAINTAINING YOUR ACCOUNT
This Site is for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site and Service. By registering with us, you agree to provide swissmoney with current, accurate, and complete information about yourself, as prompted by the registration process, and to keep such information updated. Failure to do so constitutes a breach of these Terms of Use which may result in immediate termination of your account on our Service. You further agree that you will not use any Account other than your own, access the Account of any other Member at any time, or assist others in gaining unauthorized access.
The creation or use of Accounts without obtaining prior express permission from swissmoney will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software, or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and swissmoney may elect to take further action against you.
You are also responsible for maintaining the confidentiality of your Account information, including your password, and safeguarding your account and all activity including Transactions that are posted to your Account. In case of the cryptocurrency transactions be aware that they are irreversible once sent, so be sure to carefully confirm the receiving address before initiating a Bitcoin transaction. Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and freeze any transactions pending our review. You are obligated to comply with these security requests or accept the termination of your Account. You are required to notify swissmoney immediately of any unauthorized use of your Account or password, or any other breach of security, by email to info@swissmoney.com. The account of any Member who violates these rules may be terminated and the Member held liable for losses incurred by swissmoney or any user of the Site.
Lastly, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.
TOP UP / ADD MONEY
You have option to add funds to your Account using credit/debit card and wire transfer.
swissmoney will not accept third party or anonymous transactions. The credit card or account which you decide to use to fund your swissmoney Account(s) must belong to you and must be in your name. We do not accept money from people who are not you. We may require you to provide us with documents to verify the details, and the ownership of your payment method. If we cannot verify the details of your payment method, or if we cannot verify that the payment method belongs to you, you will not be able to deposit money into your Account, and therefore will not be able to use our Services.
All transactions are checked and may be processed up to a certain amount, as it may be defined by the Company from time to time, automatically. For fully verified accounts also first-time deposits may be processed automatically, however it remains on the Company’s discretion to request further documents in order to establish and verify the ownership of the used account/card in case discrepancies have been detected upon manual ex-post check. The processing of received wire transfers may take between 1 up to 7 business days.
The Company reserves the right to request the Client at any time to provide any documentation to confirm the source of funds deposited into the Client Account. The Company shall have the right to reject a deposit from the Client if the Company is not duly satisfied as to the legality of the source of funds.
Lastly, the Company accepts no responsibility for fees or charges applied on any transaction by your financial institution and/or currency exchange rates resulting from the payment of such amount. Consequently, such fees or charges shall be fully borne by you.
TRANSFER / WITHDRAWAL
You may withdraw funds from your Account at any time in accordance with the Terms of Use, using a wire transfer option (SEPA and/or International transfer). swissmoney will process the request provided the following requirements are met:
a. The withdrawal instructions include all necessary information;
b. The instruction is to make a wire transfer to the account of the Client (under no circumstances will payments to third party or anonymous accounts be accepted).
c. The amount requested meets or exceeds the minimum withdrawal limit of €10. Funds below the minimum withdrawal amount will remain in the Client's account until additional funds are deposited to meet the minimum threshold or the account is closed. Upon account closure, any remaining balance below the minimum withdrawal amount may be written off at the Company’s discretion.
You further acknowledge and accept that the expected destination of outgoing transfers/payments will be the same as with the expected destination of incoming of funds. You may not be allowed to withdraw your funds by any other method, or to any other country, apart from your country of residence.
ACCOUNT BALANCE WRITE-OFFS
In the event of account closure, if the remaining balance in the Client’s account is less than the minimum withdrawal limit of €10, the balance may be written off by the Company. Clients acknowledge and agree that this procedure is applicable at any time and applies to both new and current Clients as part of the Terms of Use. The Company reserves the right to implement this write-off policy to ensure operational efficiency and compliance.
CRYPTO EXCHANGE AND TRADING
Every verified and eligible Swiss Wealth Management AG Client is able to use cryptocurrency wallet and cryptocurrency exchange services provided by third-party service provider. Cryptocurrency withdrawals requires 2FA (two-factor authentication).
When Client exchanges cryptocurrencies in EUR, the service is provided by Swiss Wealth Management AG. When you exchange cryptocurrencies in USD or make a FIAT currency exchange (i.e. EUR/USD/CHF conversion), Client is automatically referred and this service is provided by third-party service provider (see Services provided by swissmoney third-party service providers).
swissmoney platform allows verified Clients to:
Buy and Sell (exchange) cryptocurrency.
Transfer cryptocurrency and FIAT currency to another person.
Client must review and accept Terms of Use, Privacy Policy and Risk Warning prior to using of the Crypto Exchange services. By using these services, Client agrees to be bound by Terms of Use, Privacy Policy and Risk Warning.
RISK WARNING
The trading of goods and products, real or virtual, as well as virtual currencies involves a significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency, virtual or not, may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, or trading anything on a market.
Trading cryptocurrencies also has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, cryptocurrencies are a unique type of Internet digital currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of cryptocurrencies in a crisis.
Instead, cryptocurrencies are an as-yet autonomous and largely unregulated global system of firms and individuals. Traders put their trust in a digital, decentralized, and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
The trading of cryptocurrencies is often susceptible to irrational bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in these Terms of Use. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading cryptocurrencies.
We use our third party providers in order to receive client funds and make payments.
FEES
Our fees charged are disclosed on a per transaction basis.
Other charges: The Company reserves the right to charge extra service fees for any documents requested by you for a personal use such as but not limited to acknowledgement letters, account confirmation letters for tax purposes or communication retrieval other than already included in the dedicated section for data transfer on the Client’s portal. The Company will communicate the fees to you upon receiving a request for any of the requested documentation.
Chargebacks and similar costs, that may arise from incorrect transactions will be borne by you.
THIRD-PARTY SERVICES
By using the Platform, you are required to agree to the respective Agreements, Terms and Conditions and Privacy Policies of each respective service provider, depending on the services you would like to use. You may be prompted to read and acknowledge these legal documents upon applying for such product or service when requesting services outside of swissmoney Platform.
SERVICES PROVIDED BY SWISSMONEY THIRD-PARTY SERVICE PROVIDERS
While using services or swissmoney platform you will be referred to the following third-party service providers, and by doing so, you agree to their respective legal documentation:
Provision of SWIFT and SEPA transfer services for account top-ups and asset withdrawals, along with crypto wallet and exchange services, are offered by Bitnuk AG, a company registered under the laws of Switzerland, company code: CHE-101.447.255 (Bitnuk.com);
Provision of transitional (client fund) SEPA account for receival and forwarding of user funds (provided by Swiss Wealth Management AG, a company registered under the laws of Switzerland, company code: CHE-105.854.576);
Provision of FIAT services (provided by Foxpay UAB, a company registered under the laws of Lithuania, company code: 302455836);
Provision of Mastercard prepaid cards and e-money services is provided by Creditco UAB, a company registered under the laws of Lithuania, company code: 303313430 with Quantum Clearance AG, a company registered under the laws of Switzerland, company code: CHE-380.703.618, managing the card issuance and operations process.
By using these services, you acknowledge and agree that swissmoney is acting as a facilitator and not as the service provider. The legal relationship for these services is between you and the respective third-party provider.
TERMINATION
The Terms of Use enter into force on the day you register for the Profile and are valid as long as you have an Account with us. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
However, do note that you may not close your Account / terminate this Terms of Use to avoid an investigation. If you attempt to close your Account / terminate this agreement while swissmoney is investigating, we may freeze the Profile / Account (s) to protect all parties to the swissmoney services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your swissmoney Account and your activity even after it is closed.
The termination of your Profile / Account will not affect any of our rights or your obligations arising under these terms of use. Any terms which by their nature should survive, will survive the termination of your Profile / Account.
Customers may terminate their use of the payment card services by notifying swissmoney.com. Upon termination, the customer must follow the procedures specified by Creditco UAB regarding the deactivation and return of the payment card, if applicable. Swissmoney reserves the right to terminate access to the payment card services if the customer violates any terms of service or if there are legal or regulatory reasons requiring such action.
LIMITED RIGHT OF USE
Unless otherwise specified, all Materials on this Site are the property of swissmoney and are protected by copyright, trademark, and other applicable laws. You may view, print, and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks, and logos of swissmoney and others used in this Site are the property of swissmoney and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Site belongs to swissmoney. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
AVAILABILITY OF SERVICES
All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
We will use reasonable endeavors to ensure that the Site can be accessed by you in accordance with these Terms of Use. However, we may suspend the use of the Site for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Site or carry out urgent transactions using your Account.
APIS AND WIDGETS
We may provide certain parties with access to specific data and information through our API (Application Programming Interface) or widgets. We also may provide widgets for your use to enter our data on your Site. You are free to use these in their original unmodified and un-altered state.
EXTERNAL WEBSITES
swissmoney makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the swissmoney website may provide references or links to other websites (“External Websites”). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the swissmoney website, including but not limited to website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services, or actions, and/or any damages, losses, failures, or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.
External Websites have separate and independent Terms of Use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, and other items of destructive nature.
FINANCIAL ADVICE
swissmoney does NOT provide any investment advice in connection with the Services described in these Terms of Use. Any decision to use swissmoney Partner’s services such as purchase or sell cryptocurrencies through Swiss Wealth Management AG or other available services through other Partners, is solely your decision and we shall not be liable for any loss suffered.
DATA PROTECTION
Privacy is very important to us. Full details of our Privacy Policy can be found on our Privacy Policy page. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.
TRACKING OPTION FOR USERS OPERATING IOS 14.5, IPADOS 14.5, TVOS 14.5 AND LATER
We use the AppTrackingTransparency framework for users operating iOS 14.5, iPadOS 14.5 and later, to obtain your permission to track you for the purpose of providing you with an improved functioning of the system as well as better and personalized ad experience in the future. If you allow, the gathered data will be used entirely to improve the system and to determine the most suitable ads to show on the application when we decide to include such functionality.
The AppTrackingTransparency framework will present an app-tracking authorization request to the user containing the abovementioned purpose of tracking the user.
DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS
We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
Required by law;
Compelled by subpoena, court order, or other legal procedure;
We believe that disclosure is necessary to prevent damage or financial loss;
Disclosure is necessary to report suspected illegal activity;
Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy;
For further information on how we process your Personal Data, please refer to the Privacy Policy.
LIMITATION OF LIABILITY
To the extent permitted by law, swissmoney 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 gross negligence or willful deceit or fraud. Nothing in these Terms of Use 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. Although swissmoney endeavors to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may include errors. We may change or update the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to take decisions or actions. You remain entirely responsible for your decisions and actions.
When swissmoney is facilitating card issuance services, swissmoney is not liable for any issues related to the card issuance, including but not limited to card malfunctions, chargebacks, or any disputes arising from the use of the payment cards. These responsibilities lie with the card issuers, Creditco UAB. Swissmoney's responsibilities are limited to providing customer support related to the card issuance process and assisting with any queries related to the services offered through its platform.
We can face technical or system error which is beyond the Company’s reasonable control. There may occur events such as power supply, telecommunication issues, natural disasters etc. that cause system interruption beyond the service providers’ control. When such an error occurs during the execution of clients’ requests the Company accepts no liability with the exception of any grossly negligence, fraudulent, dishonest or criminal conduct on the part of the Company, its directors, its officers or employees when acting within the scope of the service agreement (Terms of Use).
Subject to the foregoing, swissmoney‘s aggregate liability for claims based on events arising from or in connection with any single Member’s use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 100% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).
You should be also aware that in some cases intermediary entities may hold the funds you attempt to deposit or withdraw from your Account, which may delay the transfer of funds and which the Company has no control over. The Company will not be held liable for such actions or omissions by intermediary entities.
LEGAL DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
swissmoney, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
INDEMNITY
To the full extent permitted by applicable law, you hereby agree to indemnify swissmoney and its partners against any action, liability, cost, claim, loss, damage, proceeding, or expense suffered or incurred if directly or indirectly arising from your use of swissmoney’s Sites, your use of the Service, or your violation of these Terms of Use.
MISCELLANEOUS
If we are unable to perform the Services outlined in the Terms of Use 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.
MODIFICATION OF TERMS
swissmoney reserves the right to change, add, or remove parts of these Terms of Use at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms of Use. Your continued use of the Site following the posting of a notice of changes to the Terms of Use signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Use.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
EMAIL COMMUNICATION
Unencrypted email messages sent over the Internet are not secure and swissmoney is not responsible for any damages incurred as a result of sending email messages in this way. We suggest existing Members always log in to the swissmoney site and use the internal support messaging system by clicking “Support” in the footer menu or, for non-Members, always send email in encrypted formats. You are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request. Please never send us or anyone else your password by email.
If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.
swissmoney will never contact you from an email account that does not end with @swissmoney.com. If anyone, including a person that you know to be associated with swissmoney ever contacts you via email with an address that does not end with @swissmoney.com, please notify our compliance department at info@swissmoney.com immediately.
RECORDING YOUR COMMUNICATION WITH US
You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, activities, and transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to our Agreement with you, any order you place, and/or trades executed. These records will be our sole property.
CONTACT US
If you are a Member, and have any questions relating to these Terms of Use, your rights and obligations arising from these Terms, and/or your use of the Site and the Service, your Account, or any other matter, please Contact Us via our internal secure messaging platform, from within your account by clicking “Support” in the footer after logging in or, if you cannot Contact Us using our internal secure messaging platform, you can email us via the contact form on the Contact Us page of our website. If you email us without using our internal secure messaging platform, please send PGP encrypted emails to us. The instructions and keys to do so are available upon request. For more information about email communications, see the section titled “Email communication” above.
CONSENT TO USE OF COOKIES
This website uses cookies to ensure you have the best experience. By continuing to use this site, you consent to our Cookie Statement. You can disable cookies at any time, by changing your browser settings. See our Cookie Statement for instructions on how to disable cookies, and the effect this will or may have on the Services.
JURISDICTION, GOVERNING LAW
The Terms of Use shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Basel (4051), Switzerland.
Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.