TERMS OF USE

ALTRIUM AG (hereinafter referred to as the “Developer”, “Company”, “we”, “us” or “our”), a company with its registered office at Sonnenfeldstrasse 2, 8702 Zollikon, Switzerland, UID CHE-106.678.230 and Commercial Register No. CH-020.3.919.549-7, provides the applications, interfaces and digital platforms made available under the LICOVIA name (collectively, the “Platform”).

These Terms of Use (hereinafter referred to as the “Terms”) govern access to and use of the Platform and the services and products made available through it (hereinafter referred to as the “Services” and “Products”).

Users of the Platform are hereinafter referred to as “Users” or “you”.

By accessing or using the Platform and our Services and Products, you agree that you have read in full, understood and accepted to be legally bound by these Terms.

We may, at our sole discretion and subject to applicable law, introduce changes to the Platform and modify these Terms where necessary.

Your continued access to and use of the Platform following such changes shall constitute acceptance of the updated Terms to the extent permitted by applicable law.

Certain LICOVIA Services may be accessible through third-party applications, interfaces, browsers or platforms.

Where you access LICOVIA through a third-party platform, you may also be subject to that third party's terms, policies and technical requirements.

LICOVIA and the Developer are not responsible for interruptions, security vulnerabilities, policy changes or other failures originating from third-party platforms that are outside the Developer's reasonable control.

Users are responsible for maintaining the security of their credentials, accounts and devices used to access LICOVIA.

If you become aware that your credentials, browser session, account or device may have been compromised, you should take appropriate steps to prevent unauthorised access.

When accessing LICOVIA through a web application or browser, the Platform relies on the proper functioning of your browser, operating system, device and internet connection.

Reasonable technical and organisational measures may be used to support the security and operation of the Platform, including appropriate access controls, system monitoring and other security measures.

However, internet-based services involve inherent risks, including connection interruptions, browser vulnerabilities, malware and unauthorised access to devices.

The Developer cannot be held responsible for failures, errors or security incidents caused by factors outside its reasonable control.

Users are responsible for protecting their credentials and devices and for taking reasonable security precautions.

The Platform may provide access to a range of Services and Products, which may include, depending on availability and eligibility:

1. wallet functionality and tools for its management;
2. payment and account functionality;
3. IBAN-related functionality;
4. supported fiat payment functionality;
5. supported digital-asset functionality;
6. purchase and sale of supported digital assets;
7. exchange or swap functionality for supported digital assets;
8. payment-card functionality where available;
9. account and transaction management tools; and
10. other functionality introduced from time to time.

The availability of individual Services and Products may depend on jurisdiction, eligibility, verification status, currency, digital asset, blockchain network and relevant third-party infrastructure.

Nothing in the provision of the Platform, wallets, payment functionality or account functionality shall be interpreted as the provision of banking services by LICOVIA or the Developer unless expressly stated otherwise in legally applicable product documentation.

Nothing made available through the Platform constitutes financial, investment, legal or tax advice.

The Developer reserves the right, subject to applicable law and contractual obligations, to update, modify, suspend, restrict or discontinue Services, Products or individual features.

Certain Services and Products rely on third-party providers (“TPPs”).

These may include, without limitation, payment infrastructure providers, financial institutions, processing providers, exchanges, digital-asset infrastructure providers, compliance providers, verification providers, data-storage providers and software or technology providers.

TPPs may maintain their own terms, policies, eligibility requirements, compliance procedures and operational rules.

Changes or interruptions affecting TPP services may affect the availability or operation of LICOVIA Services and Products.

To the extent permitted by applicable law, the Developer shall not be liable for interruptions, limitations or deficiencies caused by third-party infrastructure outside its reasonable control.

To use certain Services and Products, Users may be required to complete registration and applicable verification procedures.

By accessing or using the Platform, you represent and warrant that:

1. you are legally permitted to access and use the relevant Services in your jurisdiction;
2. you have read, understood and agreed to these Terms and the applicable Privacy Policy;
3. you have the legal capacity and authority required to accept these Terms;
4. where acting on behalf of a legal entity, you are authorised to act on behalf of that entity;
5. information and documentation supplied by you is accurate, complete and current; and
6. you are not impersonating another person or concealing your identity or beneficial ownership.

Services may not be available in all jurisdictions. Availability is subject to applicable laws, sanctions, compliance requirements, third-party provider restrictions and internal risk policies.

Users agree to provide information and documentation reasonably required for identity or business verification, customer due diligence, source-of-funds checks, transaction review, security, compliance and the continued provision of Services.

Information supplied must be complete, accurate and current. Additional information or renewed verification may be required where necessary.

The Developer and/or relevant TPPs may verify information provided by Users in accordance with applicable law and relevant privacy requirements.

The Developer may, subject to applicable law and contractual obligations:

7. suspend or restrict an account;
8. determine or modify the scope of Services and Products available to a User;
9. determine supported fiat currencies, digital assets and blockchain networks; and
10. establish applicable transaction limits or restrictions.

Services may be refused, restricted or suspended where information is incorrect, incomplete, misleading or insufficient, or where provision of the Services would create legal, regulatory, sanctions, AML/CFT, fraud, security or other material risk.

Use of certain Services and Products may be subject to fees.

Applicable fees, where relevant, will be communicated through the Platform, applicable product documentation or other appropriate means before or in connection with the relevant Service.

Fees may vary depending on the Service, transaction type, currency, digital asset, blockchain network, payment provider or third-party infrastructure involved.

Network or blockchain transaction fees may be imposed by the relevant network or third party and may not be controlled by the Developer.

Users are responsible for reviewing applicable fees before initiating transactions.

Users are responsible for determining, calculating, reporting and paying any taxes applicable to their use of Services and Products.

Tax laws and regulations may change.

Neither LICOVIA nor the Developer provides tax advice.

Users should consult appropriate professional advisers where necessary.

Where required by applicable law, Users may be asked to provide tax-related information or documentation.

The Developer does not own, control, operate or maintain the underlying blockchain protocols governing supported digital assets.

Many blockchain protocols are open-source systems operated independently of the Developer.

By using Services involving digital assets, you acknowledge that the Developer does not control the operation of these protocols and cannot guarantee their continued security, functionality, availability or operating rules.

Blockchain protocols may experience changes, forks, technical failures, congestion, attacks or other events that may affect supported digital assets or the Developer's ability to continue supporting them.

Digital-asset transactions may be subject to blockchain and risk-monitoring procedures. Transactions or assets identified as presenting elevated legal, sanctions, fraud, AML/CFT or other compliance risk may be restricted, frozen or subject to additional review where permitted or required by applicable law.

The trademarks, service marks, logos, trade names, designs, software, text, graphics, interfaces and other proprietary materials used in connection with LICOVIA are owned by or licensed to the Developer, its partners, affiliates or relevant rights holders.

Users receive only the limited right necessary to access and use the Platform and Services in accordance with these Terms.

Except where permitted by applicable law or authorised in writing, Users must not:

1. reproduce, distribute, republish, display, transmit, adapt, modify, translate, sell, license or commercially exploit protected Platform content;
2. reverse engineer, decompile or disassemble Platform software except where expressly permitted by law;
3. remove or alter copyright, trademark or proprietary notices;
4. use automated scraping, bots or similar methods to extract Platform data or content without authorisation; or
5. otherwise infringe intellectual property rights associated with LICOVIA or relevant third parties.

Users must not use the Platform or Services to:

1. conduct unlawful electronic spamming;
2. engage in unlawful activities, including money laundering, terrorist financing, fraud or sanctions evasion;
3. infringe intellectual property or other third-party rights;
4. damage, disable, compromise or interfere with the Platform, Services, security systems or other Users;
5. circumvent verification, compliance, transaction or security controls;
6. provide false or misleading information; or
7. engage in abusive, threatening or unlawful conduct toward personnel or service providers.

Users are responsible for maintaining the security of their accounts, credentials and devices.

Actions performed through authenticated User accounts may be treated as authorised by the relevant User unless circumstances indicate otherwise.

Electronic communications may be transmitted over public networks and may be exposed to risks outside the Developer's reasonable control.

Records maintained in connection with User accounts and transactions may be used as evidence of relevant activity, subject to applicable law.

The Developer may, subject to applicable law and contractual obligations, terminate, suspend, restrict or limit access to Services or individual transactions where reasonably necessary.

This may include circumstances involving:

1. breach of these Terms;
2. legal or regulatory requirements;
3. suspected money laundering, terrorist financing, fraud, sanctions violations or other unlawful activity;
4. security or risk concerns;
5. false, incomplete or misleading information;
6. insolvency or related legal proceedings;
7. misuse of the Platform;
8. failure to meet payment obligations; or
9. requirements imposed by relevant third-party providers.

Affected functionality may include wallets, payment functions, transfers, deposits, withdrawals, card transactions or swap transactions where applicable.

Termination or suspension does not remove obligations or liabilities that accrued before termination.

Users may discontinue use of Services subject to outstanding obligations, applicable transaction requirements, compliance reviews and relevant network or third-party fees.

To the fullest extent permitted by applicable law, the Developer does not provide warranties beyond those expressly required by law or expressly stated in applicable product documentation.

The Developer shall not be liable for losses caused solely by events outside its reasonable control, including failures of third-party networks, payment systems, blockchain networks, internet services, User devices or unauthorised access caused by a User's failure to take reasonable security precautions.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for fraud or death or personal injury caused by negligence where applicable.

The Developer shall not be liable for delay or failure to perform obligations caused by events beyond its reasonable control.

Such events may include:

1. natural disasters;
2. war, terrorism or civil disturbance;
3. governmental actions, sanctions or embargoes;
4. labour disputes;
5. cyberattacks;
6. telecommunications or data-centre failures;
7. failures of payment, financial or blockchain networks;
8. power failures; or
9. other comparable events outside reasonable control.

The Developer will use reasonable efforts to mitigate the effects of such events and resume affected operations where reasonably practicable.

To the extent permitted by applicable law, Users agree to indemnify the Developer, its affiliates and relevant service providers against claims, losses or liabilities directly resulting from the User's proven breach of these Terms, unlawful conduct, fraud, gross negligence or violation of third-party rights.

Users may not assign rights or obligations under these Terms without applicable consent.

The Developer may assign or subcontract rights or obligations where permitted by applicable law and contractual arrangements, including to affiliates, successors or service providers involved in providing the Services.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by applicable law. The affected provision shall, where possible, be interpreted or modified to achieve its intended purpose lawfully.

These Terms, together with any applicable product terms, policies and agreements expressly incorporated by reference, constitute the agreement governing the subject matter covered by these Terms.

These Terms are prepared in English.

Where translations are made available for convenience, the English-language version shall prevail unless applicable law requires otherwise.

A failure or delay by the Developer to enforce a provision of these Terms shall not automatically constitute a waiver of that provision or any other right. Any waiver must be made in accordance with applicable legal requirements.

Notices and communications relating to Services and Products may be provided electronically through the Platform or through official LICOVIA communication channels.

Official contact information will be displayed through the relevant LICOVIA interface or website.

Rights of third parties in connection with these Terms shall be determined in accordance with the applicable governing law and relevant contractual arrangements.

Governing law and dispute-resolution provisions are currently being finalised and will be incorporated into the final Terms of Use prior to public launch.

Users and the Developer should seek to resolve disputes in good faith.

The final dispute-resolution procedure will be subject to the governing-law and jurisdiction provisions confirmed for the final Terms.

Users may be required to provide supporting information or documentation relating to disputed transactions.

Where a dispute involves a third-party provider, additional procedures or requirements imposed by that provider may apply.