Terms of Services

General Information

Digital Vault SA is a company incorporated under the laws of Switzerland with a legal seat in Rosemont, Geneva, Switzerland (Digital Vault). Digital Vault is a service provider in the field of personal finance and portfolio management software solutions. Digital Vault is not a regulated entity and as such not subject to any licensing requirements under the existing laws of Switzerland. Digital Vault operates an application (VaultX) which the present terms and conditions govern its use.

The following terms & Conditions (the T&Cs) set forth the rights and obligations of the contractual relationship between Digital Vault and the Client (the Contractual Relationship).

"Client" or "Clients" shall have the following meaning:

Corporate bodies (such as but not limited to legal entities, foundations, associations, etc.); and
Natural persons who use VaultX.

Scope of Application

The T&Cs govern the Contractual Relationship and apply to any agreement between the Client and Digital Vault and/or its subsidiaries, branch or any other entity as the case may be.

This agreement is between the Client and Digital Vault and governs the client's use of (including any access to) VaultX as well as Digital Vault's websites, including but not limited to vault.ch and any other subdomains, mobile and web applications (collectively with any other materials and services available therein, and successor website(s) or application(s)). These T&Cs hereby incorporate by this reference any additional terms and conditions with respect to VaultX posted by Digital Vault to the website, web and/or mobile application, or otherwise made available to the Client by Digital Vault, including without limitation, during the use of VaultX.

Acceptance

By clicking or tapping on any button or box marked 'accept', 'agree' or 'OK' (or similar terms) in connection with these T&Cs, or by accessing or using VaultX, the Client agrees to be bound by these T&Cs and affirm that he/she is of legal age to enter into this Contractual Relationship where he/she lives and has the legal capacity to enter into this Contractual Relationship. If the Client is an individual accessing or using VaultX on behalf of, or for the benefit of any corporation, partnership, or any other entity with which the Client is associated (an 'Organization'), the Client hereby agrees to these T&Cs on behalf of such Organization, and represents and warrants that he/she has the legal authority to bind such Organization to this Contractual Relationship. References to 'Client' in these T&Cs will refer to both the individual using VaultX and to any such Organization.

Eligibility

VaultX is offered and available to Clients who are 18 years of age or older, or if the registered Client is an Organization, the individual using VaultX on behalf of such Organization has the right, power and authority to enter into this Contractual Relationship on behalf of the registered Client and bind the registered Client to these T&Cs. If the registered Client does not agree to these T&Cs, Digital Vault will not provide its services and the Client shall not use VaultX or any of Digital Vault's services. Without limiting the foregoing, by using VaultX, the Client acknowledges and understands that laws regarding financial instruments and digital assets (such as but not limited to Crypto assets) may vary from jurisdiction to jurisdiction and it is the Client's obligation alone to ensure that he/she fully comply with any law and regulation or directive relevant to his/her jurisdiction with regard to the use of VaultX. For the avoidance of doubt, the ability to access VaultX does not necessarily mean that the Client's activities through VaultX are legal under the laws, regulations or directives relevant to the Client's jurisdiction. All of VaultX services may not be available to all Clients and Digital Vault reserves the right to assess or reassess at any time the Client's eligibility to use all or part of VaultX. VaultX does not constitute and shall not be used for the purposes of an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any Client to whom it is unlawful to make such an offer or solicitation.

Services

Through the use of VaultX, the Clients can connect their bank account, including cash and listed securities, digital assets accounts as well as upload proprietary information on assets and goods they own. Clients receive price estimates of their assets as well as estimates of their total net worth. VaultX does not provide any advice to its Clients and the price estimates provided on VaultX neither constitute nor are intended to be personalized financial advice to the Clients.

Digital Vault reserves the right to modify, suspend or discontinue, temporarily or permanently all or any part of VaultX with or without notice. The Client agrees that Digital Vault shall not be liable for any modification, suspension or discontinuance of all or any part of VaultX.

VaultX is an administrative platform only. Digital Vault is not a broker, dealer, financial institution, exchange, custodian, robo-advisor, intermediary or creditor. VaultX does not facilitate transactions between buyers and sellers, including with respect to any transactions between buyers and sellers. Digital Vault is not a counterparty to any transaction. Neither Digital Vault nor VaultX provides financial advisory, legal, regulatory or tax services directly or indirectly, implicitly or in any other manner and the Client should not consider any content contained in these T&Cs or otherwise posted on VaultX to be a substitute for professional financial, legal, regulatory, tax or other advice.

Access to VaultX and the Services

License

Subject to these T&Cs, Digital Vault grants to its Clients a non-transferable, non-exclusive, revocable, limited license to use and access VaultX and related content, materials, information (collectively 'VaultX Content') solely for your personal use. Any other use of VaultX or VaultX Content is expressly prohibited and all other right, title and interest in VaultX or VaultX Content is exclusively the property of Digital Vault and its licensors.

Certain Restrictions

The rights granted in these T&Cs are subject to the following restrictions:

The Client shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit VaultX, whether in whole or in part, or any content displayed on VaultX;
The Client shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of VaultX;
The Client shall not access VaultX in order to build a similar or competitive website, product or service; and
Except as expressly stated herein, no part of VaultX may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update or other addition to functionality and features of VaultX shall be subject to these T&Cs. All copyright and other proprietary notices on VaultX (or on any VaultX Content) must be retained on all copies thereof.

Site and Service Availability

Digital Vault shall use commercially reasonable efforts to attempt to provide VaultX on a twenty-four (24) hours a day and seven (7) day a week basis. The Client acknowledges and agrees that from time to time VaultX may be inaccessible or inoperable for any reason including but not limited to equipment malfunctions, periodic maintenance, repairs, or replacements that Digital Vault undertakes from time to time; or causes beyond Digital Vault's reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, failure on or congestion. The Client acknowledges and agrees that Digital Vault has no control over the availability of VaultX on a continuous or uninterrupted basis, and that Digital Vault assumes no liability towards the Client or any other third party with regard to such, including but not limited to loss of revenue.

Customer Support

As part of its services, Digital Vault will provide its Clients with online customer support where support and related questions may be submitted to the following email:
contact@vaultx.ch
The Clients agree that when submitting a support request, Digital Vault may access their users accounts in order to assist with the request.

Digital Vault will use commercially reasonable efforts to provide the Support under these Terms; however, the Clients acknowledge that Digital Vault cannot guarantee that every question, problem, or issue reported by the Clients can or will be resolved. Nothing in those T&Cs shall expand or add to any warranty for the Services set forth in those T&Cs.

Ownership

The Client acknowledges that all the intellectual property rights, including but not limited to copyrights, patents, trademarks and trade secrets in VaultX are solely owned by Digital Vault or its suppliers. Neither these T&Cs nor the Client's access to VaultX transfers to the Client or any third party any rights, title of interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these T&Cs. Digital Vault and its suppliers reserve all rights not granted in these T&Cs. There are no implied licenses granted under these T&Cs.

Rules of Conduct

In connection with the use of VaultX, the Client shall not:

Post, transmit or otherwise make available through or in connection with VaultX any materials that are or may be threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; defamatory, libelous, fraudulent or otherwise tortious; obscene, indecent, pornographic or otherwise objectionable; or protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit, or otherwise make available through or in connection with VaultX any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of any hardware, software or equipment (each a 'Virus').
Use VaultX for any commercial purpose except as explicitly provided by these T&Cs or any other terms agreed to in writing by Digital Vault or for any purpose that is fraudulent or otherwise tortious or unlawful harvest or collect information about users of VaultX except as explicitly provided by these T&Cs and our privacy policy.
Use VaultX to transmit through or in connection with VaultX any spam, chain letters or other unsolicited communications.
Interfere with or disrupt the operation of VaultX or the servers or networks used to make VaultX available, including by hacking or defacing any portion of VaultX (including any content available thereby), or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from legal use of VaultX.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) VaultX except as expressly authorized herein, without Digital Vault's express prior written consent.
Reverse engineer, decompile, or disassemble any portion of VaultX, except to the extent such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from VaultX.
Frame or mirror any portion of VaultX, or otherwise incorporate any portion of VaultX into any product or service without Digital Vault's express prior written consent.
Systematically download and store VaultX content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, 'scrape', 'data mine' or otherwise gather VaultX content or reproduce or circumvent the navigational structure presentation of VaultX without Digital Vault express prior written consent.
Undertake any activity which would violate or assist in violation of any law, statute, ordinance or regulation, sanctions programs administered in any jurisdiction VaultX operates, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ('OFAC') or which would involve proceeds of any unlawful activity, publish, distribute or disseminate any unlawful material or information.
Use VaultX for any purposes that could be construed as gambling or facilitating such, including but not limited to lotteries, sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes or games of chance.
Using VaultX for any purpose that could be construed as tax evasion schemes or money laundering or facilitating such unlawful activities.

Changing Fees and Features

Digital Vault may at any and at its sole discretion change the fee structure and add, modify, suppress VaultX features. Digital Vault will notify in advance the Clients of any such changes. Shall the Client not agree with such changes, he/she may cancel his/hers subscription in the account settings.

Termination

The Client may cancel the automatic renewal of his/her subscription at any time in his/her by contact us at:

contact@vaultx.ch

Digital Vault reserves the right to suspend or terminate the Contractual Relationship as well as the access to VaultX shall the Client be in breach of any of the obligations under these T&Cs. Such suspension or termination may be immediate and without prior notice.

VaultX reserves the right to charge an additional cost for the deletion of the Clients' VaultX account shall the cause of such deletion relates to the Client's breach of any of the obligations under these T&Cs.

Communication

Digital Vault is permitted to use at its discretion for communication with the Authorized Signatories any communication methods. Digital Vault applies due care and takes customary measures to identify and prevent fraudulent activities. Digital Vault may make telephone calls with the number suppressed.

No Offer No Advice

The information, data services, tools and documents contained or described on this Site (the "Content") are for information purposes only and constitute neither an advertisement or recommendation nor an offer or solicitation to buy or sell investment instruments, to effect any transaction or to enter into any legal relations.
Prior to making investment decisions investors should conduct a thorough investigation and obtain all necessary professional advice for all matters, including your eligibility to make such investment in terms of the applicable law.
Nothing on this Site constitutes investment, legal, accounting or tax advice, or a representation that any investment or strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor. Digital Vault recommends that investors independently assess, with a professional advisor, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.

Local Legal Restrictions

The content is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where such distribution, publication or use would be contrary to the law or regulatory provisions or in which Digital Vault does not hold the necessary registration or license. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of domicile or on any other grounds, must not access or use the Site.

No Warranty

Digital Vault provides no warranty and makes no representations of any kind whatsoever regarding the accuracy and completeness of the content and third party content accessible on or through the website.

Except to the extent required by current laws and/or regulations, Digital Vault, including its directors, agents, employees or subcontractors disclaims any and all express or implied warranties and conditions, including but not limited to, warranties and conditions as to quality, accuracy, and fitness for a particular purpose, and does not warrant that the website, any content – including third party content – goods and services referred to therein will be uninterrupted or error free, that defects will be corrected or that the website, the servers from which it is available or any connected website is free of viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components. In order to safeguard against viruses, it is advisable to use up-to-date versions of browsers and to install and continuously update antivirus software. Users should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.

Any data, including but not limited to financial market data, alternative assets, goods and products data, price tracking data, quotes, notices, research, market sentiment and/or any other financial and non-financial information accessible through this website, have been obtained from carefully selected sources believed to be reliable. All such information is provided "as is" to the user without express or implied warranties of any kind, including warranties of quality, originality, accuracy, non-infringement of intellectual property or fitness for any particular purpose.

Liability of Digital Vault and Disclaimer

Digital Vault offers VaultX with the customary duty of care.

Any liability of Digital Vault for loss or damages suffered in the absence of any intentional or grossly negligent breach by Digital Vault of its duty of care is excluded to the extent legally permissible. In the event of loss or damages due to such a breach by Digital Vault, Digital Vault shall be liable only for direct losses caused with intent or gross negligence. Any liability of Digital Vault for indirect or consequential losses (including loss of profit) is excluded.

Digital Vault limits its liability for auxiliary persons. Digital Vault excludes any liability for damage or loss caused by its auxiliary persons in carrying out their work caused by slight negligence to the extent legally permissible.

To the maximum extent permitted by current laws and/or regulations, Digital Vault including its directors, agents, employees, sub-contractors and its sales partners disclaim any and all liability for losses, or damages (direct or indirect) of any kind whatsoever arising directly or indirectly as a result of the content, accuracy, completeness or otherwise of the content or any links or third party content; any errors in or omissions from VaultX; use of or access to VaultX; any inability to access or use VaultX for any reason.

To the full extent permitted by current laws and/or regulations, Digital Vault shall not be liable for any loss of profits or revenue or savings or any other economic loss; loss of business or goodwill; loss of or damage to data; incidental or special loss; wasted or lost of management time, or indirect or consequential loss arising from the use of access to VaultX, even if advised of the possibility of any such loss or damage or if such loss or damage was foreseeable.

Indemnification

The Client agrees to defend, indemnify and hold harmless Digital Vault, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney's fees) arising out of or relating to the Client's violation of these T&Cs or the Client's use of VaultX, including, but not limited to any use of VaultX's content, services, and products other than as expressly authorized in these T&Cs or the Client's use of any information obtained on VaultX.

Monitoring

The Client acknowledges and understands that all users' actions while using VaultX may be recorded and analyzed for various purposes including but not limited to security, marketing and system monitoring.

Privacy

Digital Vault's privacy policy is a part of these T&Cs. The Client is invited to review our Data Protection Notice which also governs the use of VaultX and informs him/her of our data collection practices.

Designated Countries Privacy Rights

This section only applies to VaultX's Clients that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the "Designated Countries") at the time of data collection. Digital Vault may ask the Client to identify which country he/she is located in when using VaultX, or Digital Vault may rely on the Client's IP address to identify which country he/she is located in. Where Digital Vault relies only on the Client's IP address, Digital Vault cannot apply the terms of this Section to any Client that masks or otherwise obfuscates its location information so as not to appear located in the Designated Countries. If any terms in the Section conflict with other terms contained in these T&Cs, the terms in this Section shall apply to the Clients in the Designated Countries.

Digital Vault is a data controller with regard to any personal information collected from VaultX's Clients. A "data controller" is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are "data processors" that handle the Client's personal information in accordance with Digital Vault's instructions.

The Client may object to Digital Vault's processing at any time and as permitted by applicable law if we process the Client's personal information on the legal basis of consent, contract or legitimate interest. Digital Vault can continue to process the Client's personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law. If Digital Vault processes the Client's personal information based on a contract with the Client or base on the Client's consent, or the processing is carried out by automated means, the Client may request to receive his/her personal information in a structured, commonly used and machine-readable format, and to have us transfer his/her personal information directly to another "controller", where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.

If the Client believes Digital Vault has infringed or violated his/her privacy rights, he/she shall contact us at contact@vaultx.ch so that we can work to resolve his/her concerns.

Miscellaneous

Waiver

Except where these T&Cs provide otherwise, the partial exercise of a right arising under these T&Cs or any delay in the exercise or failure to exercise such right shall not be deemed to constitute a waiver of such right or of other rights under these T&Cs.

Entire Agreement

These T&Cs together with all documents it refers to constitutes the entire agreement between the Client and Digital Vault with respect to the subject matter of these T&Cs and shall replace all other prior (oral or written) agreements or understandings of the parties relating thereto.

Amendments

Digital Vault reserves the right to change these T&Cs at any time upon notice. Digital Vault may give notice by posting the updated T&Cs on VaultX or by any other reasonable means. The Client can review the most current version of these T&Cs at any time. These T&Cs in effect at the time of use of VaultX apply. Updated versions of these T&Cs are binding on the Client with respect to his/her use of VaultX on or after the date indicated in the updated T&Cs. The Client's continued use of VaultX after the date of the updated T&Cs will constitute the Client's acceptance of the updated T&Cs.

Assignment, Subcontracting and Delegation

These T&Cs are for the benefit of Digital Vault, its successors and assigns. Digital Vault may assign or transfer any of its rights under these T&Cs. Digital Vault may delegate or subcontract the performance of any of its obligations under these T&Cs.

Complaints

Any complaints regarding action or inaction of Digital Vault shall be lodged with Digital Vault within thirty (30) days as of the date of the action or inaction in question.

Severability

If any provision of these T&Cs should be invalid or unenforceable under the applicable laws, the relevant provision shall be ineffective only to the extent of such unenforceability or invalidity, and the remaining provision of these T&Cs shall continue to be binding and in full force and effect. Any resulting gap shall be filled by a provision that achieves as closely as possible the initial intention and maintains the economic purpose and contractual balance of these T&Cs.

Applicable Law and Jurisdiction

All legal relations between the Client and Digital Vault, including the Contractual Relationship, are exclusively governed by the laws of Switzerland with the exclusion of the conflict of law principles.

The place of performance and debt collection for the Client domiciled or residing abroad and the exclusive place of jurisdiction for any disputes arising in connection with the legal relations between the Client and Digital Vault, including the Contractual Relationship is the city of Geneva, Switzerland.

Digital Vault reserves the right to take legal action at the place of domicile of the Client or before any other competent court or authority.

Acceptance

The Client is deemed to have read, understood and accepted these T&Cs.

The Client is deemed to have read, understood and accepted the most recent and up-to-date T&Cs and any other legal documents issued by Digital Vault when using VaultX.

The most recent T&Cs and other legal documents are always available on the website at www.vaultx.ch