VAULLTIX GmbH Terms and Conditions

 

Acceptable Use Policy

 

Last Update: May 4, 2021

 

You are responsible for complying with all applicable laws related to your use of Vaulltix’s services, regardless of the purpose of the use.  In addition, you must adhere to the terms of this Acceptable Use Policy.

 

Prohibited Activities.  You may not use the Vaulltix service for activities that:

 

(1) violate any statute, ordinance, regulation, or law.

(2) relate to, arise out of or facilitate any transactions involving (a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, including illegal gambling, betting, or gaming, (d) stolen goods including digital and virtual goods, (e) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) certain weapons or knives regulated under applicable law.

(3) relate to, arise out of or facilitate any transactions that (a) show the personal information of third parties in violation of any applicable laws, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.

(4) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

 

Violations of the Acceptable Use Policy

 

We encourage you to report violations of this Acceptable Use Policy to Vaulltix immediately. If you have a question about whether a transaction may violate the Acceptable Use Policy, or wish to file a report, you may contact us directly.

 

Terms and Conditions

 

The Vaulltix terms and conditions will be effective for all users as of May 4, 2021.

 

These terms and conditions are between you and Vaulltix GmbH and govern your use of Vaulltix’s services and your account with Vaulltix (collectively “Services”).

 

By using the Services, you agree to comply with all aspects of these terms and conditions.  These terms and conditions include an agreement to resolve disputes on an individual basis and you waive the right to participate in a class action, collective, PAGA or other joint action with respect to any claim.

 

You also agree to comply with the following (including any other agreements and policy posted by use on our Website, as may be updated from time to time):

 

Vaulltix User Agreement

Acceptable Use Policy

 

Please read carefully all of these terms and conditions and each of the other agreements and policies that apply to you.

 

Vaulltix may revise these terms and conditions and any of the agreements and policies listed above from time to time, in its sole discretion.  The revised version of these terms and conditions will be effective at the time we post it, unless otherwise noted. If our changes to these terms and conditions reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide you at least 14 days advance notice. By continuing to use the Services after any changes to these terms and conditions, you agree to abide and be bound by those changes. If you do not agree with any changes to these terms and conditions, you may close your account.

 

Intellectual Property Rights

 

All content of this website and our systems, including text, images, designs, procedures, modes of operation, page headers, custom graphics, button icons, scripts, any service marks, trademarks, and/or trade dress are owned by Vaulltix or one of its subsidiaries,  affiliates, assignors, or licensors. Except as otherwise expressly stated herein, they may not be copied, displayed, transmitted, disseminated, licensed, altered, modified, stored, or otherwise used, in whole or in part, in any manner without Vaulltix’s prior written consent, except as otherwise permitted by the Copyright Act of 1976, as amended, and only with notices of Vaulltix’s rights; nor may they be used in a manner that mischaracterizes Vaulltix or the Services or display them in any manner that implies Vaulltix’s sponsorship or endorsement. You shall not make any posted materials or information available via the internet or via any other electronic means of access. We always appreciate your helpful comments and suggestions, however, if you submit any unsolicited ideas, suggestions, comments or materials (“Submitted Materials”), Vaulltix shall not be restricted or prevented from purchasing, developing, creating, or using products, services, plans and ideas for any purpose, whether or not based on or derived from the Submitted Materials. Vaulltix shall be free to copy, use, modify, disclose and distribute any Submitted Materials without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you. In addition to our copyrights, the term “Vaulltix” and all representations and derivations thereof constitute our service marks and trademarks. You shall not use our service marks or trademarks for any purpose without our express and prior written permission. You shall not include our service marks or trademarks in any meta data or “hidden text” or other SEO process without our express and prior written consent.

 

You may not transfer your rights or permissions under this Agreement to any third party.  You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third-party materials or technology in any way related to the Services provided by Vaulltix.  You acknowledge that all rights, title and interest to Vaulltix’s software are owned by Vaulltix and any third-party materials integrated therein are owned by Vaulltix’s third-party service providers.

 

Website Content and Materials

 

The data and other information on this website is for informational purposes only. While we believe it is reliable, we do not warrant its completeness, timeliness or accuracy. Information, products, services, and the terms and conditions related to products and services may change from time to time. The information on this website is not intended as an offer or solicitation for the purchase of any security or financial instrument or to provide any investment service or investment advice in any jurisdiction. Products and services, fees, charges, and other terms, conditions and requirements may differ among geographic locations. Not all products and services may be offered at all locations. Some of our related websites or pages within this website contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these terms and conditions, disclosures and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages. Currency values are always fluctuating. Further, the relative values of currencies fluctuate against other currencies. The amount of services that a buyer may obtain from a seller for a given amount of the buyer’s currency and currency exchange rates may vary based on the timing and speed of each transaction. You agree that: (i) you will not engage in any activities using or related to this website that are contrary to applicable law and regulation or the terms of any agreements you have with us, and (ii) where this website or any other website operated by Vaulltix requires identification for access, you will establish security procedures and controls to limit access to your password or other identifying information to authorized individuals. In circumstances where you are required to provide information to Vaulltix, whether for Vaulltix’s use or the use of any governmental entity, you agree to provide full and accurate information. You agree that you will not use any automated device, nor will you use any program or manual process to monitor or copy our web pages, data or content without our express and prior written consent. WE MAY AMEND OR DISCONTINUE THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED HEREIN, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE UNDERTAKE NO OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

 

No Warranty of Non-Disruption

Our servers are maintained in safe and secure commercial facilities. Vaulltix has access to bandwidth from multiple sources, however, access to this website may, from time to time, be unavailable, delayed, limited or slowed due to circumstances beyond our control or for scheduled maintenance. In such events, you may be unable to transmit your transaction or transfer instructions, or your instructions may not be promptly executed. Under no circumstances will Vaulltix be liable for any loss if you are unable to commence or complete any transaction or utilize the Services due to slow-downs or internet interruptions that are not caused solely by Vaulltix. In the event of maintenance of the website and/or platform, Vaulltix will provide notices to you in a timely manner.

 

Link to Other Sites

Links to other websites are provided solely as a courtesy to users of this website. We have no control over the content on websites offered by others and we make no warranties, either expressed or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties. We cannot assure you that any such site or content is free from viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply, and we expressly disclaim, any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites.

 

Limitation of Liability, Indemnity, Fees & Charges, Limitations to Present a Claim

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. VAULLTIX: DOES NOT PROVIDE ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE, DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON‐INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE; DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

 

VAULLTIX WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, PANDEMICS, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SERVICES. 

 

IN NO EVENT WILL VAULLTIX’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF THE FEES YOU PAID US IN THE THREE (3) MONTHS PRIOR TO OUR RECEIPT OF A WRITTEN NOTICE OF CLAIM FROM YOU.  (For the avoidance of doubt, if we receive a notice of claim or action from you on July 1, our maximum liability is limited to the fees we received from you from April 1 through July 1.)  YOU ACKNOWLEDGE THAT YOU MUST PROMPTLY REVIEW ALL INVOICES, FEES, EXPENSES RELATED TO YOUR ACCOUNT.

 

YOU AGREE THAT: YOU WILL DEFEND AND INDEMNIFY US,  TO THE FULLEST EXTENT POSSIBLE, FOR ANY IMMEDIATE OR FUTURE LOSSES CAUSED OR OCCASIONED, BY YOUR USE OF THE WEBSITE OR SERVICES,HOWSOEVER CAUSED, IF YOU FAIL TO ADHERE TO THE TERMS AND CONDITIONS HEREIN, INCLUDING BUT NOT LIMITED TO, USING THE WEBSITE OR SERVICES FOR THE SUPPLY OF THIRD PARTY SERVICES, OR ANY SERVICE THAT CONTRAVENES ANY RULE OF LAW, REGULATION IN ANY RELEVANT JURISDICTION, OR INDUSTRY STANDARDS, FAILING OR REFUSING TO PROVIDE INFORMATION REQUESTED BY VAULLTIX FOR “KNOW YOUR CLIENT,” AML AND/OR CFT PURPOSES;  SUCH LOSS MAY BE, LOSS OF PROJECTED PROFITS, LOSS OF OPPORTUNITY, ANY DIRECT LOSS, INCLUDING THE COST OF ANY LEGAL FEES, OR ANY LOSS OF A BUSINESS RELATIONSHIP OR ANY LOSS OF REPUTATION, OR ANY ADDITIONAL COSTS OR EXPENSES INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE OR ASSOCIATED SERVICES. YOU AGREE THAT; IF YOU FAIL TO PROVIDE INFORMATION REQUESTED BY VAULLTIX FOR KNOW YOUR CLIENT,  AML AND/OR CFT PURPOSES, THAT SUCH AN ACT WOULD CAUSE US SUFFICIENT CONCERN THAT WE WOULD BE COMPELLED TO CHECK ALL TRANSACTIONS MADE OR PARTICIPATED IN BY YOU, AS SUCH, YOU WILL INCUR A DISCREPANCY FEE FOR EACH TRANSACTION AUDITED.  VAULLTIX RESERVES THE SOLE RIGHT TO DETERMINE WHICH TRANSACTIONS MAY BE AUDITED.  YOU AGREE THAT; WE MAY DEDUCT FROM YOUR ACCOUNTS AND YOU HEREBY AUTHORIZE US TO DEDUCT, ANY FEES OR CHARGES OWING TO US UNDER THESE TERMS AND CONDITIONS. YOU AGREE THAT; YOU WILL PAY OUR REASONABLE LEGAL COSTS IN THE EVENT THAT WE ARE COMPELLED TO EITHER ISSUE OR DEFEND ANY PROCEEDINGS AGAINST OR INCLUDING YOU, SUCH COST TO BE TREATED AS CHARGES.

 

YOU SHALL HAVE NO MORE THAN THREE (3) MONTHS TO BRING A CLAIM AGAINST VAULLTIX.  ANY ACTION WHETHER IN CONTACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE BY YOU AGAINST VAULLTIX FOR DEFAULT OR BREACH OF ANY PROVISION OF THE AGREEMENT, THE TERMS AND CONDITIONS, THE SERVICES, OR OTHERWISE SHALL BE COMMENCED WITHIN THREE MONTHS OF THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.  YOU IRREVOCABLY WAIVE THE RIGHT TO SEEK DAMAGES AGAINST VAULLTIX RELATING TO ANY INVOICE, FEE, OR EXPENSE NOT IDENTIFIED IN AN ACTION FILED WITHIN THREE (3) MONTHS OF WHEN THE CLAIM OCCURRED. 

 

YOU WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, COLLECTIVE, PAGA OR OTHER JOINT ACTION, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.

 

YOU ACKNOWLEDGE THAT YOU HAVE ENTERED INTO AN AGREEMENT WITH VAULLTIX AND YOU WILL LOOK ONLY TO VAULLTIX FOR ANY AND ALL DAMAGES ARISING OUT OF, RELATED TO, AND/OR RESULTING FROM A BREACH OF THE AGREEMENT, WHETHER IN CONTRACT OR TORT.  YOU WAIVE THE RIGHT TO ASSERT CLAIMS AGAINST THE INDIVIDUAL MEMBERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS OF VAULLTIX.

 

 

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Vaulltix. The user’s access to and use of the website, and the terms of this disclaimer are governed by Switzerland without regard to choice of law or conflict of law principles. Any and all actions against Vaulltix arising from or relating to your access to and use of the Services, the website and the provisions of these Terms and Conditions must be brought by you only in Switzerland for the adjudication of any and all claims arising from or relating to your access to and use of the Services, the website and the provisions of these Terms and Conditions.

 

Severability

If any portion of these Terms and Conditions are held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision hereunder is invalid of unenforceable, but that by limiting such provision the agreement would be valid and enforceable, then the revision shall be deemed to be written, and the agreement interpreted and enforced as so limited by the court.

 

Waiver

No failure to exercise and no delay in exercising, on the part of Vaulltix of any right, power, or privilege hereunder shall operate as a waiver thereof.

 

Attorney’s Fees and Costs

In the event of any legal action with respect to the Services, these Terms and Conditions or the agreement between the parties, the substantially prevailing party in any such action shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof.  Moreover, if you default or breach the agreement, you shall pay all costs and attorney’s fees incurred by Vaulltix in enforcing the terms of the agreement, whether or not legal action is actually commenced.