Terms of Use

Effective date: July 01, 2021

Introduction

By downloading, browsing, accessing or using AppCapital AG (The Service), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Service and your use of the functions offered on the Service. Continued use of the Service will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

Limitations

The following restrictions apply to rights granted in accordance with the terms of service:

• you do not have the right to license, sell, rent, transfer, reproduce, distribute or use our Service for any other commercial purposes;
• you do not have the right to create or use framing methods to include any Service brand or logo;
• you are not entitled to use meta tags or any other related text when using the name or trademark of the Service;
• you are not entitled to participate in potentially harmful actions regarding the properties of the Service, including violation or attempt to violate any security functions of the Service;
• you do not have the right to access the Service to create similar websites, services or applications;
• You are not entitled to issue any copyrights or other property marks contained in the Service;
• you do not have the right to use the properties of the Service in any way that could damage the application;
• You do not have the right to try to gain unauthorized access to computer systems or networks owned by Service.

Rules About Use of AppCapital AG

We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service will be free of faults, and we do not accept liability for any such faults, errors or omissions.

We do not warrant that your use of the Service will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Service, access to the Service may be suspended, restricted or terminated at any time.

We do not give any warranty that the Service is free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove without notice any information on the Service from time to time. Your access to the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information on Service at any time.

We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

Suspension and Termination

If you use (or anyone other than you, with your permission uses) the Service in contravention of these Terms and Conditions of Use, we may suspend your use of the Service.

If we suspend the Service, we may refuse to restore the Service for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

We shall fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.

Without limitation to anything else in this point, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Service; (b) suspend your use of the Service; and/or (c) suspend the use of the Service for persons we believe to be connected (in whatever manner) to you, if:

• you commit any breach of these Terms and Conditions of Use;
• we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
• we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

Our rights under this point shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Disclaimer and Exclusion of Liability

AppCapital AG, the Service, the information on the Service and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Service and its contents, including in relation to any inaccuracies or omissions in the Service, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

We do not warrant that the Service will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Service will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

While we may use reasonable efforts to include accurate and up-to-date information on the Service, we make no warranties or representations as to its accuracy, timeliness or completeness.

We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Service and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Service, or electronic mail transmitted to and from us, will not be monitored or read by others.

Indemnity

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Service, (b) any other party’s use of the Service using your user ID, verification PIN and/or any identifier number, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Intellectual Property Rights

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Service are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

Nothing contained on the Service should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service without our written permission. Misuse of any trademarks or any other content displayed on the Service is prohibited.

We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

Amendments

We may periodically make changes to the contents of the Service, including to the descriptions and prices of services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Service.

We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Service and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

Applicable Law and Jurisdiction

Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Service both you and we agree that the laws of Switzerland, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Service.

You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Switzerland in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.