Accointing Services AG Terms and Conditions

Updated: 29th of January 2020

These terms and conditions are an agreement between you as a User (also referred to as you and your) of the website www.accointing.com (the "Website") and Accointing Services AG as operator of the Website regarding the use of the Website and the services available from the Website (the Service). By accepting the Terms and Conditions on the Website by means of clicking the "I accept" button, you are consenting to these Terms and Conditions that may be amended from time to time as set forth herein. Please review our Privacy Notice located here, which is incorporated into these Terms and Conditions by this reference.

Access and use of Service

Accointing grants you a temporary, personal, non-transferable license to use the Service for non-commercial purposes. No intellectual property or other rights are transferred with this license and under the terms of this license you shall not: copy, change or modify the content or code of the Service; use the content or code for commercial purposes and also not present the content or code in public (neither commercial nor non-commercial) attempt to decompile or reverse engineer the software contained on the Website; remove copyright or other copyrighted names from the content or code; or transfer the content or code to another person and "mirror the materials to another server.

You shall be responsible for ensuring the accuracy, completeness, legality and appropriateness of any information provided by you.

You will ensure that you have sole knowledge of your passwords / username and that the security (secrecy) of passwords and username in connection with the Service is guaranteed. In particular, you may not disclose or otherwise make them available to any other person. It is always assumed that you are the user of your password and username and bear full responsibility for all use and access to the Service. You are obliged to inform Accointing immediately of you become aware of a possible breach of data security, such as the unauthorized disclosure or use of your password.

Restrictions of Use
You agree not to use the Service or its content:

for any unlawful or illegal fraudulent, unlawful, defamatory, harassing, abusive, obscene, or any other inappropriate purposes or purposes that infringe upon our or another party's intellectual property rights purpose;

to solicit others to use the Service for an unlawful or illegal purpose;

to circumvent any laws or regulations; to infringe upon the rights of any other party;

to transmit or upload any viruses, malware or malicious code; to spam, phish or defraud other actual or potential other users of the Service;

to use or attempt to use any scraper, robot, bot, spider, data mining, computer code, or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service; or for any purpose that is not consistent with these Terms and Conditions.

The Service is not intended for the use of children under 18 and no such person is authorized to use them. By using the Service, you are representing that you are at least 18 years old. You also represent, by accessing or using the Service, that you are of legal age to enter into legally binding agreements.

You will use the Service in compliance with all applicable laws, rules and regulations.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service. You shall not by any means violate the security of the Service or attempt to gain unauthorized access to the Service and/or parts of the Service.

The Service is provided for information purposes only. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service.

You agree to use the Service solely for your own non-commercial purposes.

Fees

Some basic features of the Website are provided free of charge whereas certain premium features are subject to the payment of a service fee (the "Subscription Fee"). When you sign up for a premium feature, the Website describes the functionalities of the premium features as well as the corresponding Subscription Fee.

Subscription Fees are due in advance and are non-refundable. Payment must be made via the accepted payment methods as set out on the Website for the respective premium feature.

Intellectual Property.

All materials contained on the Website and provided via the Service are the sole intellectual property of Accointing or of Accointing's licensors. This includes, but is not limited to graphics, text, source code, the selection, arrangement and presentation of all materials and the overall design of the Service.

You may not use any of the materials contained in the Service other than for the non-commercial purpose of viewing, reading and retaining for reference.

No Warranties
To the fullest extent permitted by law:

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT AND INFORMATION, ARE PROVIDED AS IS AND AS AVAILABLE ON A COMPLEMENTARY AND VOLUNTAR Y BASIS.

ACCOINTING DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE SERVICE. IN PARTICULAR, YOU AGREE THAT ACCOINTING ASSUMES NO WARRANTIY FOR THE CORRECTNESS, ACURACY AND COMPLETENESS OF THE SERVICE AND THE WEBSITE.

ACCOINTING'S LIABILITY AND WARRANTY ARE LIMITED TO INTENT AND GROSS NEGLIGENCE. IN NO EVENT WILL ACCOINTING, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THE ASSIGNEES OF SAME BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, BUSINESS INTERRUPTION, REPUTATIONAL DAMAGE, LOSS OF PROGRAMS OR INFORMATION OR DATA, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INABILITY TO USE THE SERVICE, OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THE SERVICE, EVEN IF ACCOINTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. OR (II) ANY CLAIM BASED ON ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE.

EVEN THOUGH ACCOINTING STRIVES TO MAKE THE SERVICE AVAILABLE 24/7, ACCOINTING DOES NOT GUARANTEE ITS UNITERRUPTED AVAILABILITY AND SHALL NOT BE LIABLE FOR ANY DELAYS, ERRORS OR INTERRUPITONS IN THE TRANSMISSION OR DELIVERY OF DATA VIA THE SERVICE.ACCOINTING DOES NOT WARRANT THAT THE SERVICE AND THE WEBSITE ARE FREE OF VIRUSES, WORMS OR TROJAN HORSES, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR THE SERVICE DO NOT VIOLATE ANY THIRD PARTY RIGHTS. ACCOINTING HEREBY EXCLUDES ALL WARRANTY AND GUARANTEES TO THE FULLEST EXTENT PERMITTED BY LAW.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE. YOU UNDERSTAND THAT TRANSMISSIONS TO OR THROUGH THE SERVICE MAY BE INTERCEPTED BY OTHERS, AND YOU ASSUME THE RISK OF SECURITY BREACHES AND THE CONSEQUENCES RESULTING FROM THEM. PLEASE DO NOT SEND US ANY SENSITIVE PERSONAL INFORMATION.

Disclaimer

NEITHER THIS WEBSITE NOR THE SERVICE PROVIDES ANY INVESTMENT ADVICE. ALL DATA IS PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED FOR TRADING PURPOSES. WHILE WE USE COMMERCIALLY REASONABLE EFFORTS TO PERIODICALLY UPDATE THE INFORMATION PROVIDED ON THE WEBSITE AND THE SERVICE, WE CANNOT GUARANTEE THAT THE INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR UP-TO-DATE.

NO INVESTMENT DECISION SHALL BE BASED ON THE INFORMATION CONTAINED ON THE WEBSITE OR THROUGH THE SERVICE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS.

WE ARE NEITHER LIABLE NOR RESPONSIBLE FOR ANY INJURY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH ANY INVESTMENT DECISION TAKEN OR MADE BY YOU BASED ON INFORMATION WE PROVIDE. NOTHING CONTAINED IN THE SERVICE SHALL CONSTITUTE ANY TYPE OF INVESTMENT ADVICE OR RECOMMENDATION (I.E., RECOMMENDATIONS AS TO WHETHER OR NOT TO BUY, SELL, HOLD, OR TO ENTER OR NOT TO ENTER INTO ANY OTHER TRANSACTION INVOLVING ANY CRYPTOCURRENCY). ALL INFORMATION PROVIDED BY US IS IMPERSONAL AND NOT TAILORED TO YOUR NEEDS. WE DO NOT EXPRESS ANY OPINION ON THE FUTURE OR EXPECTED VALUE OF ANY CRYPTOCURRENCY AND WE DO NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST AN INVESTMENT STRATEGY OF ANY KIND. BY USING OUR WEBSITE AND SERVICE YOU ACKNOWLEDGE THESE DISCLAIMERS.

THE INFORMATION PROVIDED RELATES TO A DYNAMIC, HIGH RISK TYPE OF CURRENCY AND IS SUBJECT TO PERMANENT CHANGE. CRYPTOCURRENCY IS NEITHER SUBJECT TO A CENTRALIZED REGULATION BODY NOR IS BACKED BY ANY CORRESPONDING VALUE SUCH AS, E.G., COMPANY SHARES, RAW MATERIALS, GOLD. ACCORDINGLY, ANY CRYPTOCURRENCY IS A HIGH RISK INVESTMENT, WHICH MAY RESULT IN TOTAL LOSS OF ITS VALUE AND SOLELY SUBJECT TO THE DYNAMICS OF THE MARKET AND THE LEVEL OF DEMAND AND SUPPLY. ITS VALUE IS VULNERABLE TO STRONG FLUCTUATIONS AND MIGHT EVEN INVOLVE ARBITRARY CHANGES THAT ARE NOT FORESEEABLE. UNDER THESE CIRCUMSTANCES A STRONG LEVEL OF DISCRETION, ATTENTION AND DILIGENCE IS ADVISED WHEN DEALING WITH CRYPTOCURRENCY. BY USING OUR WEBSITE AND SERVICE YOU ACKNOWLEDGE THE AFOREMENTIONED HIGH RISK.

The Service does not constitute at any time any kind of legal or tax advice. At no time during the provision of the Service does Accointing review your tax reports or any information you submit. As a result, no legal or tax advice is or can be given by Accointing. For such advice you must consult a tax advisor or other legal professional. The final assessment of your tax reports or data is the responsibility of the respective tax authorities and may differ from the requirements and results of the Service. It is your sole obligation to check any tax reports or other documents created via the Service for completeness and accuracy before further processing (e.g. sending, filing or archiving).

Violation of these Terms and Conditions; Indemnity

You agree that Accointing may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Service. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to Accointing for which monetary damages would be inadequate, and you consent to Accointing obtaining any injunctive or equitable relief that Accointing deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Accointing may have at law or in equity.

You agree to indemnify and hold Accointing, its employees, directors, contractors and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against Accointing by any third party due to or arising out of or in connection with (1) your access to or use of the Service; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Links to Other Sites

The Service contains links to other independent third-party websites (Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Accointings control, and Accointing is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Changes to the Service and these Terms and Conditions

Nothing in these Terms and Conditions shall entitle you to claim in any manner a right to use the Service. Accointing might without prior notice cease providing and/or limit the Service at any point in time at its sole discretion.

Accointing reserves the right to change these Terms and Conditions at any time by providing new Terms and Conditions on the Website. Any change(s) to these Terms and Conditions will take immediate effect upon such changes being posted. In case of changes you have the right to terminate the use of the Service with Accointing. Your continued use of the Service following such changes will constitute your acceptance of those changes.

Term and Termination

The Terms and Conditions shall be valid for as long as you maintain a user account. The contract term for paid premium features is set forth on the Website for the respective subscription plan (hereinafter the "Subscription Period").

Accointing may terminate the provision of the Service to you immediately and deactivate your access to the Service including the Website if Accointing has knowledge of or reasonably believes that the your use of the Service and/or the Website is in breach of applicable law or breaches one or more provisions of these Terms and Conditions. In any other case Accointing may terminate the Service by giving 2 weeks notice in electronic form. Any paid premium features will be refunded pro rata temporis.

Oher Terms

All provisions of these Terms and Conditions are severable. Should any provision of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid or ineffective provision shall be replaced by one that is legally possible and comes closest to the invalid or ineffective content. The same shall apply mutatis mutandis to any gap.

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. You may not use or export or re-export any content or any copy or adaptation of such content on the Website or the Service in violation of any applicable laws or regulations.

These Terms and Conditions, together with the Privacy Notice at and any other legal notices published by Accointing, constitute the entire agreement between you and Accointing with regard to your use of the Service.

Accointings failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by Accointing of any provision or any right it has to enforce these Terms and Conditions. Any such waiver must be in writing in order to be effective.

You may not assign or transfer your rights and obligations contained in these Terms and Conditions or any other agreement with Accointing any interest therein without the prior written consent of Accointing. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

Nothing in these Terms and Conditions shall be construed as creating an employment contract, joint venture, agency or simple partnership of any kind between you and Accointing.

Law and Venue

The courts of Zug, Switzerland shall be the exclusive venue for all disputes arising out of or in connection with these Terms and Conditions, the use of the Website or the Service.
These Terms and Conditions shall be governed by the substantive laws of Switzerland, without regard to the choice or conflicts of law provisions of any jurisdiction, or the United Nations Convention on the International Sale of Goods.
Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is time-barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS AND CONDITIONS OR ANY OTHER AGREEMENT WITH ACCOINTING.

Users Outside of Switzerland

Accointing is a Swiss corporation (Aktiengesellschaft). Although the Website and the Service are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside of Switzerland. If you choose to access the Service from outside of Switzerland, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Accointing is located at: Accointing Services AG, Bahnhofplatz, 6300 Zug, Switzerland

Language

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Please contact us if you have any questions about our Terms and Conditions. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@accointing.com.