Risk Disclaimer

No Offer and/or Recommendation:

Nothing contained in this marketing material and Invemo Capital AG website (www.invemo.ch) constitutes a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Information contained in this marketing material (and any of the data and documents that may be downloaded from Invemo Capital AG website), unless otherwise specifically stated, shall not be construed as an offering or solicitation of any products or services, business, financial, investment, hedging, legal, regulatory, tax or accounting advice by Invemo Capital AG, a recommendation or trading idea, or any other type of encouragement to act, invest or divest in a particular manner. This marketing material, any information, data and documents it contains or refer to, are provided for general information purposes only. By downloading any data and/or documents from Invemo website, and in particular the Invemo Capital AG customer registration documents, you acknowledge and agree that Invemo Capital AG makes such document available to you at your request and discretion only. If you are residing outside of Switzerland, you should take appropriate advice from a suitably qualified professional adviser in the country in which you reside or do business in order to find out if any restrictions are applicable. Invemo Capital AG shall not be responsible for any loss arising from any investment based on a perceived recommendation.

No general availability/suitability:

Not all products or services will be available to all investors: they are intended only to customers in those countries and regions where applicable laws and regulations so permit. Cryptocurrency (virtual currency) trading may be subject to restrictions in different countries; residents of those countries and/or certain categories of investors may be not eligible for certain products or services referred to in this marketing material and on Invemo’s Capital AG website.

The information contained herein is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. This marketing material and Invemo’s Capital AG website is not intended for use by any person in any jurisdiction where the publication or availability of our services is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not use this marketing material and Invemo’s Capital AG website.

General risks in Cryptocurrency (virtual currency) and/or CFD trading on spot and/or margin:

Trading Cryptocurrency and/or CFD on spot and/or on margin (i.e. using leverage) is not suitable for everyone. Investing in such instruments involves a high degree of risk of loss. Before trading on sport and/or margin you should be aware of the risks involved due to the fluctuation in the value of such instruments' prices, which can cause fluctuations in the value of your investment. Any type of market or trade speculation that can yield an unusually high return on investment is subject to unusually high risks. Large losses may be suffered within a relatively short period of time due to adverse market movements or to position build-up. Before deciding to enter into Cryptocurrency (virtual currency) or CFD trading on spot and/or margin, you should carefully consider your investment objectives, level of experience, and risk appetite. You should only trade the portion of your own assets you are disposed and cannot afford to lose entirely: only your surplus funds should be placed at risk and if you do not have such surplus funds you should imperatively avoid engaging in trading. In case of doubts on the risks related to Cryptocurrency (virtual currency) and CFD trading on spot and/or margin you should consult any independent financial advisor and request any necessary information.

Limitation of Liability

If Invemo Capital AG at any time and for any reason, should become liable for the loss of any person and/or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Invemo Capital AG shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitution or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

Forward-Looking Statements

Where there are statements contained in Invemo Capital AG website which are not historical facts, such statements could be based on data obtained as a result of simulated past performance or future performance based on current expectations, estimates, projections, opinions and beliefs of Invemo Capital AG. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. Additionally, this marketing material and Invemo Capital AG website may contain 'forward-looking statements'. Actual events or results or actual performance may differ materially from those reflected or contemplated in such forward-looking statements. None of any opinions that may be inferred from the contents of this marketing material and Invemo Capital AG website is intended to be relied upon as advice or recommendation of any action. They are intended merely as articulations of personal musings and speculations factually.

Non-Independent Investment Research

Any information which could be construed as investment research has not been prepared in accordance with legal requirements designed to promote the independence of investment research. Further it is not subject to any prohibition on dealing ahead of the dissemination of investment research. Invemo Capital AG may perform services for, solicit business from, hold long or short positions in, or otherwise be interested in the investments (including derivatives), of any issuer mentioned herein.

Automated portfolio management

Invemo Capital AG makes no representation or warranty as to the actual performance of the trades executed on behalf of the investor through Invemo Capital AG automated portfolio management. Invemo Capital AG automatically executes trades on behalf of the client which corresponds to the trades carried out in respect of a strategy. Some strategies operate with leverage due to the use of margin products and a high degree of discretion and exposures towards single financial instruments and asset classes, and Invemo Capital AG automated portfolio management may therefore entail significant risks.

All investments entail risks and may result in both profits and losses. In particular, investments in leveraged products, such as, but not limited to cryptocurrencies, foreign exchange, derivatives and commodities can be very speculative and profits and losses may fluctuate both violently and rapidly. Speculative trading is not suitable for all investors and all recipients should carefully consider their financial situation and consult financial advisor(s) in order to understand the risks involved and ensure the suitability of their situation prior to making any investment, divestment or entering into any transaction.

Past performance is not a guide to future performance and should not be the sole factor of consideration when selecting an investment portfolio or an asset, or a financial instrument. The price of the investments may go up or down and the investor may not get back the amount invested. Your income is not fixed and may fluctuate. The value of investments involving exposure to cryptocurrencies and/or foreign currencies can be affected by exchange rate movements. You are reminded that the levels and bases of, and reliefs from, taxation can change.

Invemo Capital AG shall not be liable for (i) any loss which the investor may suffer as a consequence of the trading and transactions undertaken by Invemo Capital AG in accordance with the power of attorney and terms and conditions of Service Agreement (the "Agreement"); (ii) any loss suffered or incurred by the investor as a result of or in connection with Invemo's Capital AG provision of automated portfolio management under the Agreement, unless and to the extent that such loss is suffered or incurred as a result of Invemo's Capital AG gross negligence or wilful misconduct; (iii) any loss due to actions taken by Invemo Capital AG according to its rights under the Agreement; (iv) any consequential or other indirect loss (including loss of profit and loss of goodwill) suffered or incurred by the investor whether arising from Invemo's Capital AG negligence or otherwise; or (v) any loss exceeding Invemo's Capital AG revenue on the managed by Invemo Capital AG account(s) or cryptocurrency wallet(s) of the client for any 12 month period prior to the client's raising of a claim against Invemo Capital AG.

This material is confidential and should not be copied, distributed, published or reproduced in whole or in part or disclosed by recipients to any other person.

Risk Brochure

Clients must carefully consider and understand the risk entailed with trading Cryptocurrencies (“Digital Assets”) and derivative instruments, including contracts for difference (“CFDs”), consider their investment objectives, level of experience and risk appetite before engaging in any assets therein.

Invemo Capital AG informs clients about the particular risks related to specific types of high risk transactions as such, but not about the specific risks relating to each individual transaction. In this respect, Invemo Capital AG has no obligation to inform clients about possible tax and legal aspects.

IMPORTANT NOTICE

Trading activity in Digital Assets and/or derivative instruments, including CFDs, carries substantial risks and suits only to persons who can assume the risk of a total loss of funds. Therefore, clients shall only trade with funds they can afford to lose. Money required securing living expenses, educating children, and/or assuring retirement should never be traded.

Persons unsure or hesitant about a trade must stay on the side-lines. Speculation should not be confused with making a long-term conservative investment.

Digital Assets and derivative instruments, including CFDs markets are amongst the most volatile markets in the world.

Any activity in Digital Assets and CFDs markets necessitates good market understanding, experience and personal commitment. Anyone who has doubts concerning the risks or costs associated hereunder must immediately request further information from his/her contact persons at Invemo Capital AG and/or from independent advisors. Invemo Capital AG does not provide any tax or legal advice.

THIS BROCHURE IS A SUMMARY OF THE RISKS INVOLVED IN DIGITAL ASSETS AND DERIVATIVE INSTRUMENTS TRADING. IT IS NOT MEANT TO BE EXHAUSTIVE. CLIENTS SHOULD CAREFULLY CONSIDER THEIR ABILITY AND EXPERIENCE BEFORE COMMITTING ANY FUND IN THIS TRADING.

General risks in Digital Assets and/or CFD trading on spot and/or margin:

Trading Digital Assets is not suitable for everyone. Investing in such instruments involves a high degree of risk of loss. Before trading you should be aware of the risks involved due to the fluctuation in the value of such instruments' prices. Any type of market or trade speculation that can yield an unusually high return on investment is subject to unusually high risks. Large losses may be suffered within a relatively short period of time due to adverse market movements or to position build-up. Before deciding to enter into Digital Assets trading, you should carefully consider your investment objectives, level of experience, and risk appetite. You should only trade the portion of your own assets you are disposed and cannot afford to lose entirely: only your surplus funds should be placed at risk and if you do not have such surplus funds you should imperatively avoid engaging in trading. In case of doubts on the risks related to Digital Assets trading you should consult any independent financial advisor and request any necessary information.

DIGITAL ASSET VALUES CAN FLUCTUATE SUBSTANTIALLY WHICH MAY RESULT IN A TOTAL LOSS OF THE VALUE OF DIGITAL ASSETS HELD BY CRYPTOCURRENCY EXCHANGE ON YOUR BEHALF. THE SUPPLY OF DIGITAL ASSETS AVAILABLE TO US OR CRYPTOCURRENCY EXCHANGE TO PROVIDE TO YOU AS A RESULT OF A FORKED NETWORK AND OUR OR CRYPTOCURRENCY EXCHANGE ABILITY TO DELIVER DIGITAL ASSETS RESULTING FROM A FORKED NETWORK MAY DEPEND ON THIRD PARTY PROVIDERS THAT ARE OUTSIDE OF OUR CONTROL. WE DO NOT OWN OR CONTROL ANY OF THE PROTOCOLS THAT ARE USED IN CONNECTION WITH DIGITAL ASSETS AND THEIR RELATED DIGITAL ASSET NETWORKS, INCLUDING THOSE RESULTING FROM A FORKED NETWORK. ACCORDINGLY, WE DISCLAIM ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSETS (WHETHER OF A FORKED NETWORK OR OTHERWISE), AND WE MAKE NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY, OR AVAILABILITY OF SUCH PROTOCOLS OR DIGITAL ASSET NETWORKS. YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE OF CRYPTOCURRENCY EXCHANGE TO CONDUCT TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS.

Additional Risks:

Please note the following risks in accessing or using Cryptocurrency Exchange and Invemo Capital AG services:

The risk of loss in trading Digital Assets may be substantial and losses may occur over a short period of time;

The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;

Legislative and regulatory changes or actions at the separate jurisdiction or international level may adversely affect the use, transfer, exchange, and value of Digital Assets;

In your jurisdiction, Invemo Capital AG or Cryptocurrency Exchange may not be regulated as a financial institution;

Deposits into your Digital Asset Account (i.e., wallet) and your Fiat Account may not be considered deposits under the applicable laws, rules, or regulations in Switzerland, your jurisdiction or jurisdiction of Cryptocurrency Exchange;

Fiat currency in the Fiat Account of your Cryptocurrency Exchange Account may not be subject to applicable deposit insurance protection;

Digital Assets in the Digital Asset Account (i.e., wallet) of your Cryptocurrency Exchange Account (i.e., wallet) are not subject to deposit insurance protection or securities investor protections;

Digital Assets are not legal tender and are not backed by the government;

Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;

Some Digital Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;

The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency or Digital Assets for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;

The nature of Digital Assets may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by Cryptocurrency Exchange may prevent the access to or use of your Digital Assets; and

Any bond or trust account maintained by Cryptocurrency Exchange for the benefit of it’s Users may not be sufficient to cover all losses due to theft or fraud incurred by Users.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You agree and understand that you access and use Cryptocurrency Exchange at your own risk; however, this brief statement does not disclose all of the risks associated with Digital Assets and using Cryptocurrency Exchange, and Invemo Capital AG services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds in your Cryptocurrency Exchange Account (i.e., wallet), and that under certain market conditions, you may find it difficult or impossible to liquidate a position.

Past and Hypothetical Performance; Market Opinions

Past performances realised in Digital Assets markets are not indicative of any future performance. Hypothetical performance results may be posted on websites for information purposes only.

Such hypothetical performance results are generally based on past performances that are not a guarantee of future results. Performance can and does vary between each trader, trading strategy and current market situation.

Anyone who says you can consistently make money in Digital Assets markets is being untruthful.

Any opinions, news, research, analyses, prices, or other information contained on Invemo’s Capital AG website (www.invemo.ch) is provided as general market information, and does not constitute any trading advice or recommendation. Invemo Capital AG will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information.

Automated portfolio management

Invemo Capital AG makes no representation or warranty as to the actual performance of the trades executed on behalf of the investor through Invemo Capital AG automated portfolio management. Invemo Capital AG automatically executes trades on behalf of the client which corresponds to the trades carried out in respect of a strategy. Some strategies operate with leverage due to the use of margin products and a high degree of discretion and exposures towards single financial instruments and asset classes, and Invemo Capital AG automated portfolio management may therefore entail significant risks.

All investments entail risks and may result in both profits and losses. In particular, investments in leveraged products, such as, but not limited to cryptocurrencies, foreign exchange, derivatives and commodities can be very speculative and profits and losses may fluctuate both violently and rapidly. Speculative trading is not suitable for all investors and all recipients should carefully consider their financial situation and consult financial advisor(s) in order to understand the risks involved and ensure the suitability of their situation prior to making any investment, divestment or entering into any transaction.

Past performance is not a guide to future performance and should not be the sole factor of consideration when selecting an investment portfolio or an asset, or a financial instrument. The price of the investments may go up or down and the investor may not get back the amount invested. Your income is not fixed and may fluctuate. The value of investments involving exposure to cryptocurrencies and/or foreign currencies can be affected by exchange rate movements. You are reminded that the levels and bases of, and reliefs from, taxation can change.

Invemo Capital AG shall not be liable for (i) any loss which the investor may suffer as a consequence of the trading and transactions undertaken by Invemo Capital AG in accordance with the power of attorney and terms and conditions of Service Agreement (the "Agreement"); (ii) any loss suffered or incurred by the investor as a result of or in connection with Invemo's Capital AG provision of automated portfolio management under the Agreement, unless and to the extent that such loss is suffered or incurred as a result of Invemo's Capital AG gross negligence or wilful misconduct; (iii) any loss due to actions taken by Invemo Capital AG according to its rights under the Agreement; (iv) any consequential or other indirect loss (including floss of profit and loss of goodwill) suffered or incurred by the investor whether arising from Invemo's Capital AG negligence or otherwise; or (v) any loss exceeding Invemo's Capital AG revenue on the managed by Invemo Capital AG account(s) or cryptocurrency wallet(s) of the client for any 12 month period prior to the client's raising of a claim against Invemo Capital AG.

Sophisticated Investing

You agree and understand that by using Cryptocurrency Exchange and/or Invemo Capital AG and placing Orders, you have sufficient knowledge to place such Orders. You are responsible for making sure that any Orders placed by you are accurate and intentional. We may, in some cases, and at our sole discretion, require secondary electronic, verbal, written or other confirmation before acting if your account activity is outside of its normal range of activities.

You agree and understand that the information and services provided by Cryptocurrency Exchange and/or Invemo Capital AG are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to any Applicable Laws and Regulations, the rules or regulations of any governmental authority or regulatory organization, or where Cryptocurrency Exchange and/or Invemo Capital AG is not authorized to provide such information or services. Invemo Capital AG may not be available in all jurisdictions.

Limitation of Liability

If Invemo Capital AG at any time and for any reason, should become liable for the loss of any person and/or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Invemo Capital AG shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitution or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

This material is confidential and should not be copied, distributed, published or reproduced in whole or in part or disclosed by recipients to any other person.

Terms of Use

These Terms of Use (the "Agreement") are applicable to the: (i) web pages, (ii) services, (iii) content, (iv) databases and (v) information (collectively referred to as the "Services") together with the agreements provided by Invemo Capital AG ("Invemo") to which you may have access by using Invemo's website or any other agreed channel. The content and information included in these Services are provided by Invemo and its third party suppliers (collectively, the "Information Providers"). These Services are made available by Invemo subject to the terms and conditions stated below.

Agreement

By using the Services, you are confirming your consent to be bound by the terms of this Agreement. If you do not agree, Invemo is not willing to provide you with access to the Services and you should immediately discontinue your use of the Services. You agree that Invemo may modify this Agreement at any time in its sole discretion and without prior notice to you. Such changes will be posted online and will be effective upon posting. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance to the Agreement, as amended. If you do not agree to the changes, you must notify Invemo in writing or by telephone of your refusal and discontinue your use of the Services.

Use of the Services

These Services are intended for your personal, non-commercial use.

By using the above-mentioned Services and the software provided by Invemo, you acknowledge and agree that:

• It is prohibited to use, store, reproduce, display, modify, sell, publish, transmit and distribute, or commercially exploit the Services without prior written permission of Invemo and/or any third-party Information Provider(s);
• Invemo and/or any third-party Information Provider(s) reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trademarks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws,) subsisting in or relating to the Services.
• You shall not use the Information for any unlawful or unauthorized purpose.
• The use and interpretation of the Services requires skill and judgment, and you shall at all time exercise your own judgement in the use of the Services.
• You are responsible for all statements made and acts or omissions that occur while your user identification name (or "User Name") and passwords are being used. You are responsible for protecting and securing your User Name and password from unauthorized use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on the Invemo’s website, such as the theft or unauthorized use of your User Name, password, or any other information, you will notify Invemo immediately.
• The Services have been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and Invemo is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving complex financial instruments, give rise to substantial risk and are not suitable for all investors. All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by Invemo. You are solely responsible for such decisions. Investments in financial instruments and/or cryptocurrencies featuring on the website are subject to certain risks. The price of financial instruments and/or cryptocurrencies may go down as well as up. Fluctuations in foreign exchange rates can also alter the value of financial instruments and/or cryptocurrencies. The future performance of a financial instrument and/or cryptocurrency cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. It is strongly recommended that you seek professional advice before taking investment decisions.
• The fact that Invemo has made the Services available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product described on the website is suitable or appropriate for you. Many of the products described in the Services involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a comprehensive disclosure of all risks or a complete discussion of the risks which are mentioned. You should not construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice.

Geographical restrictions – provision of cross-border services

The products and services presented on this website are authorized for sale in Switzerland. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.

Where Invemo is not authorized by the supervisory authority of a certain country, Invemo can as a general rule not promote financial services in that country.

In particular, Invemo is not authorized by the supervisory authorities of the USA, Canada, Great Britain, Germany, Italy, and France. This website may however contain information, in particular about financial services and products offered by Invemo, that may be considered by the supervisory authorities of the above-mentioned countries as a public offer of financial products or a canvassing targeting persons domiciled in the concerned countries. If you are domiciled in one of the above-mentioned countries, you confirm that you access this website on your own initiative and without any solicitation from Invemo.

Website ownership

The website is the exclusive property of Invemo. Invemo’s proprietary rights shall not be altered in any way by any reproduction or use of the website.

Links

The activation of certain links on the website may cause you to leave the Invemo website. Invemo does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these websites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked websites. The same applies to websites offering links to Invemo’s website.

Furthermore, prior written approval must always be obtained before a link from an external website to Invemo’s website can be created.

Confidentiality and Encryption

Your attention is drawn to the fact that the data exchanged between yourself and Invemo is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and Invemo are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted.

Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall Invemo be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation.

Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.

Termination

Invemo may exercise full discretion in modifying or discontinuing any part or whole of the Services specified under points (i) to (v) subject to this Agreement at any time without cause or prior notice.

Disclaimer of Warranties

Invemo and the Information Provider(s) expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Although the Services provided have been obtained from sources deemed to be reliable, the Services are provided “AS-IS”, and Invemo and/or any third-party Information Provider(s) provide the Services without responsibility for accuracy and correctness. By using the Services you agree that errors and/or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against Invemo or any Information Provider(s).

Limited Liability

Neither Invemo, its directors, officers, employees, agents or shareholders, nor any of its third-party Information Providers, their directors, officers, employees, agents or shareholders shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Agreement or resulting from the use or the inability to use the Services, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

In particular, it is expressly stated that in no event will Invemo, its directors, officers, employees, agents or shareholders be liable for any loss or damages incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in Services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the wilful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Invemo, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the website, or any links on the website, including, but not limited to: (i) your use or someone using your computer’s use of the Services; (ii) a violation of the Agreement by you or anyone using your computer (or account, where applicable); (iii) a claim that any use of the website by you or someone using your computer infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of the website by you or someone using your computer; (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Invemo reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Invemo in asserting any available defence. You acknowledge and agree to pay Invemo’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Invemo under the Agreement and any other terms and conditions applicable to the access and use of the website, including without limitation, lawsuits arising from your failure to indemnify Invemo pursuant to the Agreement.

Miscellaneous

By agreeing to the Terms of Use of the Services you acknowledge and agree that Invemo, in the interest of security, reserves the right to record all telephone conversations, internet conversations including chat, and any meetings between you and Invemo.

You furthermore agree that Invemo reserves the right to monitor your use of the Services on the website and that the resultant information may be used by Invemo for its internal business purposes.

Any claims arising from this Agreement will be governed by and construed in accordance with the Swiss laws and shall be subject to the exclusive jurisdiction of the Swiss Courts. Invemo nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.

In the event of one of the provisions of this Agreement being void, cancelled or rendered otherwise invalid, the validity of the remaining provisions of this Agreement shall not be affected or impaired. In all other instances, the Agreement as well as the use of the website are exclusively governed by and construed in accordance with Swiss law.

The section titles in the Agreement are used solely for the convenience of you and Invemo and have no legal or contractual significance.

Terms and Conditions

These Terms and Conditions (the "Agreement") are applicable to the: (i) web pages, (ii) services, (iii) content, (iv) databases and (v) information (collectively referred to as the "Services") together with the agreements provided by Invemo Capital AG ("Invemo") to which you may have access by using Invemo's website or any other agreed channel. The content and information included in these Services are provided by Invemo and its third party suppliers (collectively, the "Information Providers"). These Services are made available by Invemo subject to the terms and conditions stated below.

Invemo Capital AG is a company incorporated according to Swiss law with legal seat in Baar, Switzerland (“Invemo”). Invemo is a Swiss individual portfolio manager, financial intermediary, broker and financial service provider, with a specific focus on crypto-assets. Invemo is subject to the rules set out by the Swiss self-regulation organisation Verein zur Qualitätssicherung von Finanzdienstleistungen - “VQF” (in English: The Financial Services Standards Association”). The following Terms and Conditions – Invemo Exchange (the “Terms”) sets forth the rights and obligations between the Client and Invemo for currency exchange services.

“Client” shall mean both corporate bodies (legal entities, foundations, associations, etc.) and private individuals who are using and/or are intending to use the exchange services of Invemo.

Clients should read this document carefully. Invemo reserves the right to change these Terms at any time. Any amended Terms will be published Invemo website and Client will be informed via e-mail.

1. Scope of Services

1.1. These Terms apply to and between the Client and Invemo for exchange services, e.g., buy or sell fiat currency for cryptocurrency, buy or sell cryptocurrency for fiat currency and/or buy or sell cryptocurrency for other cryptocurrency, over the counter (the “Exchange Services”).
1.2. The Client must read, understand and accept the Terms before using the Exchange Services provided by Invemo.
1.3. The Terms are considered as read, understood and accepted by the Client, when the Client decides to use the Exchange Services provided by Invemo.

2. Onboarding

2.1. All Clients must be dully onboarded before they can use the Exchange Services provided by Invemo.
2.2. The onboarding process is prescribed by Invemo. The onboarding can vary in scope depending on the type of the Client and can in general be changed or amended as needed due to internal risk policies and procedures, change of regulatory requirements, market conditions or other circumstances relevant for Invemo to perform client due diligence and assess risks.
2.3. The Client must provide Invemo with all documents and information requested by Invemo. Under no circumstances shall Invemo be obliged to return any documents and/or information received during the onboarding process to the Client.
2.4. Invemo reserves the right to unilaterally accept or reject any prospective Client in accordance with Invemo’s internal policies and procedures. Invemo is not obliged to provide any reasons for its decision.
2.5. From accepted Clients, Invemo has a right to request additional documents and/or information and the Client is obliged to provide documents and/or information requested. If the Client does not provide the additional requested documents and/or information, Invemo has the right to not provide the Exchange Services, including quotes and/or not accept Client instructions, not to execute trades as instructed.
2.6. If the documentation and/or information provided and approved by Invemo during initial onboarding process changes, the Client must immediately and without undue delay provide Invemo with the additional documents and/or information.
2.7. The Client will receive a notification from Invemo when it is either accepted, additional documents and/or information is required, or the Client has been rejected.
2.8. Invemo has no obligation to onboard the Client within a certain timeframe. Invemo shall under no circumstances be liable for any loss and/or any unrealized gain of the Client because of unfinished onboarding procedure and/or rejection of the Client.
2.9. The Client accepts that information which is sent to the contact details provided to Invemo shall be deemed as a proper delivery. This includes both email address and post mail (physical) address.

3. Exchange Services

3.1. Invemo may at its discretion act as principal or as a broker when buying or selling fiat currencies or cryptocurrencies.
3.2. As principal, Invemo acts for its own account in its own interest as counterparty. prices quoted by Invemo may consider various market conditions. As a broker, Invemo acts for the Client's account and applies the best execution principles.
3.3. Invemo reserves the right to restrict or cease the provision of the Exchange Services or other services to comply with applicable law or regulations, standards of self-regulation, contractual provisions, business or trade practices, internal rules and policies and to ensure the performance according to the standards of due care.
3.4. Invemo may freeze any funds, limit or refuse the execution of orders or instructions or refuse to accept funds any time in its discretion, in particular if it considers such measure to be required or beneficial for the protection of the Client. Orders may not be executed if they are not fully funded.
3.5. Orders and instructions such as in-coming and out-going transfers are processed by Invemo in a reasonable time. However, delays can always occur for various reasons, not limited to verification processes, origin of funds clarifications, checking compliance with regulations or technical/operational reasons.
3.6. Invemo has established a proof-of-ownership process to verify that Clients are in control of the external blockchain addresses they want to use for transfers connected to their Invemo Services. Invemo will only execute transfer requests to or from verified external blockchain addresses.

4. Placement of orders

4.1. Invemo offers Exchange Services through its own exchange desk.
4.2. The Client must be onboarded in accordance with paragraph 2 of these Terms for the provision of the Exchange Services.
4.3. After being successfully onboarded and accepted, the Client will have assigned account manager from Invemo (“Account Manager”).
4.4. The Client can contact the Account Manager to request a quote for a given cryptocurrency that is available for exchange by Invemo.
4.5. The Account Manager can then offer the Client a quote. The quote is valid for 10 minutes after it has been set forth. The Client can either accept, reject or ignore the offer within said time limit.
4.6. Until the Client has accepted then offered quote, Invemo can at their sole discretion provide the Client with a new quote. The most recent provided quote shall be viewed as the binding offer to the Client and all previously quotes shall be annulled.
4.7. If the offered quote is accepted within the said time limit in accordance with its content, the offered quote will be binding for both Parties and Invemo will execute the order.
4.8. If the offered quote is rejected, ignored or accepted too late, the offer will not become binding to either Party and Invemo will not execute the offer. If the offered quote is accepted too late, Invemo may still execute it at its own discretion.
4.9. If the offered quote is accepted within the said time limit but with amendments to the content, it shall not be viewed as a binding acceptance but instead as a new quote request from the Client to which neither Party is bound in any way.
4.10. A pending quote-request from the Client shall under no circumstances be considered as a binding instruction or agreement to which either Party is bound or committed in any way.
4.11. The Client acknowledges and accepts, that Invemo under no circumstances can be liable for the loss of profits and/or limitation of losses resulting from not being able to buy or sell in the period of which a quote request from the Client is pending. This applies both to when a quote request is answered after a long waiting and for when a quote request is not answered at all.

5. Execution of orders

5.1. Invemo will do its best effort to provide the Client with the best execution of an order possible. The best execution is not necessarily the best price, but also takes into account; market conditions, stability of the available exchange platforms, volume, cost, speed and other factors relevant for the execution of the order.
5.2. The Client accepts that a limit order placed by Invemo on behalf of the Client cannot be changed outside the working hours as stipulated in provision 6.1 in these Terms.
5.3. The Client accepts that Invemo cannot guarantee a full execution of a limit order due to liquidity shortage or other market conditions in general, even if the asset has been traded at any Exchange above or below the Clients limit.
5.4. For stop-loss orders placed by Invemo on behalf of and under instruction from the Client, the Client further accepts that the order might not be executed at the given price due to liquidity shortage and that a slippage might occur as a further result hereof.
5.5. Invemo offers to buy and sell cryptocurrencies that are listed on major cryptocurrency exchanges and it remains at the sole discretion of Invemo to decide which cryptocurrencies can be bought or sold through Invemo.
5.6. The Client accepts that Invemo cannot guarantee that cryptocurrencies bought through Invemo can also be sold through Invemo.

6. Exchange confirmation

6.1. The Client can request Invemo to send an exchange confirmation for an executed order.
6.2. Invemo will send such exchange confirmation within 24 hours of the Clients request.
6.3. The exchange confirmation will be sent to the e-mail account or other electronic means of communication provided by the Client.

7. Exchange hours

7.1. Invemo’s exchange desk is available from Monday to Friday from 9am to 5pm, excluding Switzerland’s Bank Holidays.

1. For selling: When selling cryptocurrency for other cryptocurrency or fiat currency through Invemo, the Client must notify Invemo once the Client’s assets have been sent to the cryptocurrency address (wallet) provided by Invemo. Invemo cannot provide the Client with quotes before the arrival of cryptocurrency on the address provided by Invemo. Arrival of Bitcoin (BTC) shall mean that a minimum of 6 blocks have confirmed the transaction. Arrival of Ethereum (ETH) and ERC20-tokens shall mean that a minimum of 30 blocks have confirmed the transaction.
2. For buying: When buying cryptocurrency for fiat currency through Invemo the Client must notify Invemo once the fiat currency has been sent to the bank or payment service provider (PSP or EMI) account provided by Invemo. Invemo cannot provide the Client with quotes before the arrival of fiat currency on the bank or payment service provider (PSP or EMI) account provided by Invemo. Invemo cannot provide the Client with quotes before arrival of fiat currency on the bank or payment service provider (PSP or EMI) account provided by Invemo.

7.2. Under no circumstances can Invemo become liable for any losses and/or missed profits due to exchange requests not being answered according to provision 4.3.-4.11. of these Terms which also extent to requests made outside of the exchange hours.

8. Fees

8.1. The Client is obliged to pay to Invemo a fee (the “Fee”) upon the Exchange Services provided by Invemo. Invemo charges an exchange Fee (buy/sell) of:

0,9% for trade volume up to 25.000,00 CHF / EUR / USD / GBP
0,2% for trade volume from 25.001,00 CHF / EUR / USD / GBP

The final price for the Exchange Services is always a combination of the exchange Fee and the exchange quote.
8.2. The above-mentioned Fees do not include deposit fees, cryptocurrency exchange commissions, cryptocurrency exchange fees, stamp duties or any other fees, costs and expenses levied by third parties and charged directly or separately to the Client.

9. Acceptance of risk

9.1. The Client fully acknowledges the risks inherent with use of the Exchange Services provided by Invemo. Such risks may include but are not limited to:

1. Market risk;
2. Liquidity risk;
3. Concentration risk;
4. Horizon risk;
5. Transaction risk;
6. Volatility risk;
7. Execution risk;
8. Operational risk;
9. The highly speculative nature of cryptocurrencies as such;
10. The potential of a total loss or make zero profit;
11. The unavailability of exchanges; and
12. The regulatory and legislative risk regarding the treatment of cryptocurrencies.

9.2. The Client fully acknowledges, his personal liability for any and all potential losses resulting from an investment and that Invemo only performs Client’s order execution under instructions from and on behalf of the Client, thus keeping Invemo free of any liability and/or losses (so-called execution-only).
9.3. The Client is solely responsible for all legal risks associated with using the Exchange Services provided by Invemo. The Client guarantees to comply with and act within all legal boundaries within the applicable jurisdiction to the business relationship especially including but not limited to tax laws.
9.4. The Client accepts and releases Invemo of responsibility for all risk and damages resulting from an undetected transmission error, misunderstanding, hacking or fraud arising from instructions given via e-mail or any other electronic communication channel.
9.5. Past performance is no guarantee of current or future performance. The value of an investment may rise or fall for multiple reasons. Fluctuations in exchange rates may also cause the value of investments to rise or fall.
9.6. The Client is aware that Invemo is not a depository institution and can therefor only handle fiat or cryptocurrencies in connection with an actual buy or sell transaction or settlement. This may require that Invemo, after notifying the Client, may convert fiat currency into crypto assets or send the fiat currency back to the Clients account if the Client does not provide Invemo with further instructions.

10. Exceptional markets conditions

10.1. Invemo reserves the right to withdraw quotes, to not provide quotes or to not execute orders in exceptional markets conditions, especially but not limited to circumstances which results in liquidity shortage.

11. Termination

11.1. The contractual relationship between Invemo and the Client may be terminated at any time and for any reason by Invemo.
11.2. The contractual relationship between Invemo and the Client may be terminated by the Client with immediate effect for any reason.
11.3. Notice of termination shall be in the form of a written notice and termination shall be effective upon the receiving Party’s receipt of such notice.
11.4. The Client accepts that a notice which is sent in accordance with the contact details provided to Invemo shall be deemed as a proper delivery. This includes both email address and post mail (physical) address.
11.5. Client agrees that, upon termination Client shall: (i) pay all outstanding debts to Invemo in full within ten (10) days; (ii) be bonded by all outstanding orders; and (iii) be bonded by all outstanding commitments with respect to completed orders.
11.6. Without limiting the immediately preceding sentence, Invemo may also terminate the access to Invemo website for any Client at any time, for any reason or no reason. Such Client shall have no recourse and Invemo shall have no liability with respect to any such termination.
11.7. All provisions of the Terms relating to warranties, confidentiality obligations of Clients, proprietary rights, limitation of liability, indemnification obligations and payment obligations shall survive the termination or expiration thereof.

12. Warranties

12.1. The Client warrants that it acts within and complies with all legal requirements applicable to the relevant jurisdiction when using the services provided by Invemo.
12.1. The Client warrants that it acts within and complies with all legal requirements applicable to the relevant jurisdiction when using the services provided by Invemo.
12.3. For private individuals Clients; the Client warrants that only the Client itself, who have been onboarded, is using the Exchange Services at Invemo personally.
12.3. For private individuals Clients; the Client warrants that only the Client itself, who have been onboarded, is using the Exchange Services at Invemo personally.

13. Force Majeure

13.1. Invemo shall not be liable to the Client for any failure, damages, claims and/or losses from circumstances beyond its reasonable control. Such situations include but are not limited to; telecommunication difficulties, failures or disruptions, non- availability to the exchange technical platform for any reason, shut downs or other non-availability of exchanges for any reason, regulatory interference, enactment of new legislation, measures taken by authorities, power failure, internet service provider failure, industrial action, civil unrest, strikes, lock outs or blockades (whether or not Invemo is a party to the conflict), catastrophes of nature, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Invemo, notwithstanding that only part of Invemo’s functions are affected by such events (“Force Majeure”).
13.2. Invemo is released from any liability for partial or complete failure to perform its obligations under the Terms including regarding any order and transaction pursuant to the Terms, if such failure is caused by Force Majeure circumstances.
13.3. A Force Majeure situation does not terminate the Terms but immediately suspends the obligations of Invemo for all duration of the Force Majeure situation.
13.4. Invemo shall swiftly inform the Client in case it invokes a Force Majeure situation. This notice shall specify the date and time, the cause and the expected duration of the Force Majeure situation.
13.5. Invemo shall use commercially reasonable efforts to resume performing its obligations after the ending of a Force Majeure situation.
13.6. Invemo and the Client agree to postpone any claim towards each other until the ending of the Force Majeure situation.

14. Limitation of liability

14.1. To the extent permitted by law, Invemo does not accept any liability for the risks associated with the execution of trades and/or providing further services to the Client.
14.1. To the extent permitted by law, Invemo does not accept any liability for the risks associated with the execution of trades and/or providing further services to the Client.
14.1. To the extent permitted by law, Invemo does not accept any liability for the risks associated with the execution of trades and/or providing further services to the Client.
14.4. Invemo offers its services with the customary duty of care.
14.5. In all events, the aggregate liability of Invemo for any reason and upon any cause of action, including, without limitation, acts or omissions by Invemo or third parties and outages or non- availability of the services of Invemo or any of the connected services, shall not exceed the amount of Fees, if any, paid by the Client to Invemo in connection with the order that gave rise to the cause of action in question.

15. Forking

15.1. If a chain splits occurs as a result of a fork, the Client can only claim the coin it has stored at Invemo that the market has deemed as the original one.
15.2. If there is no overwhelming consensus after the fork about which coin is deemed to be the original coin or if the forking coin has sufficient economic-, industry- and community backing, Invemo shall make a statement. The statement shall conclude which coin(s) the Client shall be credited.

16. Airdrop

16.1. The Client accepts and acknowledges that airdropped tokens becomes the sole property of whoever owns the private key to the airdrop-receiving address at the time of the airdrop.

17. Staking

17.1. The Client accepts Invemo does not stake stored tokens. Consequently, the Client accepts that it does not earn any staking rewards when having its tokens stored at Invemo.

18. Indemnification

18.1. The Client shall indemnify, defend, and hold harmless Invemo, its officers, affiliates, directors, equity holders, agents and employees with respect to any claim, demand, cause of action, debt, judgment or liability, including reasonable attorneys’ fees, to the extent that it is based upon a claim that: (i) arises out of or in relation to their use of the Exchange Services of Invemo and is not caused by the negligence or conduct of Invemo; (ii) if true, would constitute a breach of any of their representations, warranties or agreements hereunder; or (iii) arises out of their gross negligence, wilful misconduct or abandonment. Invemo may, at its discretion and at its own expense, assist in the defence of any indemnified claim through counsel selected by Invemo. Any settlement intended to bind Invemo shall not be valid or binding on Invemo without Invemo’s prior written consent.

19. Client data

19.1. If Invemo processes Client data, it shall take appropriate measures to ensure data protection.
19.2. Invemo may be obliged to disclose Client data (in particular name, address and account number or International Bank Account Number “IBAN” to the banks involved, the operators of payment and communication systems at home and abroad, as well as to the beneficiaries) to third parties. By using the services of Invemo, the Client expressly authorizes Invemo to disclose the relevant data as well as any associated information to third parties.
19.3. Invemo may be obliged to share other data obtained from the Client (in particular KYC documentation, documentation regarding origin of funds) with involved banks to facilitate the execution of payments. The Client expressly authorizes Invemo to disclose the relevant data as well as any associated information to third parties.
19.4. The Client accepts, that Invemo may disclose client data in order to fulfil regulatory or legal information requests from authorities or to safeguard legitimate interests of Invemo.
19.5. Invemo is authorised to buy, save, combine and collect client data with the purpose of creating client profiles which may be used for marketing purposes.

20. Restricted geography

20.1. Invemo does not offer any of its services to US persons (persons with sole or additional citizenship of the United States and/or residence in the United States), even if they are domiciled outside the United States.
20.2. The Client is obliged to inform Invemo at least thirty (30) days in advance in written form of any future circumstances which may cause him to be regarded as US person.

21. Relationship with Clients

21.1. The Client and Invemo are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by Client’s acceptance of the Terms and/or further agreements with Invemo.

22. Outsourcing

22.1. Invemo reserves the right to outsource business areas and services to group companies or third parties. The Client accepts that its data can be processed and send to said parties in relation hereto. The Client further accepts that said parties may transfer its data to further outsourcing providers. All provided data shall be kept confidential by the data processing parties.

23. Amendments

24.1. The Terms set forth in this document are subject to and shall be construed in accordance with Swiss legislation exclusively.
23.2. Amendments of these Terms shall be notified to the Client in advance. The Client is deemed to have accepted any such amendments of these Terms if the Client does not within one month of the notification notify Invemo that it does not accept the amendments.

24. Governing law

24.1. The Terms set forth in this document are subject to and shall be construed in accordance with Swiss legislation exclusively.
24.2. The place of arbitration shall be the courts of Zug.
24.3. The Client may at any time seek advice and/or initiate mediation proceedings before a recognized ombudsman: Finanzombudsstelle Schweiz (FINOS) which is an official independent mediator (see www.finos.ch).

25. Acceptance

25.1. The Client is deemed to have read, understood and accepted the Terms when successfully onboarded.
25.2. The Client is deemed to have read, understood and accepted the most recent Terms and other regulations issued by Invemo when using Services.
25.3. The most recent Terms and other documents are always available on Invemo’s website.

Privacy and cookies policy

The privacy practice of collecting and processing of personal data provided by the Clients to Invemo Capital AG, legal entity duly incorporated in Swiss Confederation with registered number CHE-280.659.164 is described hereby. The provisions of this Privacy Policy are subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“Regulation”) and the Federal Data Protection Act of 19 June 1992 (Swiss Confederation).

INTRODUCTION

We understand the importance of your privacy protection and personal data and commit a lot of efforts to develop and maintain high standards of inner security measures and technologies to provide you with secure processing and storage of the data we collect from you; and keep your data safe against unauthorized or unlawful processing and against accidental loss, destruction or damage.

1. PERSONAL DATA WE COLLECT AND OBJECTIVE

1.1. When applying as a customer of Invemo Capital AG we collect and further process the following categories of data:

1.2. We are obliged by applicable laws to maintain records of personal data for ten years after the termination of a client relationship, this term may be extended upon request by the local competent authority.

1.3. We collect and process the abovementioned data to fulfil our contractual obligations and legitimate interest before you, namely:

The above list may be extended depending on the development of the services.

2. PROCESSING OF YOUR PERSONAL DATA

2.1. Your personal data may be received and processed:

2.2. Those subprocessors perform tasks on our behalf and are contractually obligated not to disclose or use collected information for any other purposes, than storage, help in facilitation of technical aspects of our services or perform functions related to the administration of services (collection and analysis) or other indicated under contractual closes.

2.3. Client specifically agrees that Invemo Capital AG may to its own discretion engage subprocessors, that comply with technical and organizational measures in a manner that meet applicable requirements of Regulation and security standards implied under this Privacy Policy.

2.4. If such subprocessors are outside of Swiss Confederation or the European Union or European Economic Area, the processing of personal data is done or will be done in accordance with the applicable laws.

2.5. Subprocessors remain fully liable for all obligations subcontracted to, and all acts and omissions of, Invemo Capital AG is not responsible if the information is disclosed as a result of a breach or security lapse at any such subprocessors, or for such subprocessors' non-compliance with the foregoing requirements.

3. INCIDENTS NOTIFICATION

3.1. If Invemo Capital AG becomes aware of any breach of our security leading to the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to (excluding unsuccessful attempts or activities) personal data of Clients on systems managed or otherwise controlled by us we will notify you promptly and without undue delay and in compliance to the procedure prescribed under respective Regulation.

3.2. The notification will be sent to your e-mail address at the discretion of Invemo Capital AG or by other direct communication channel available to Invemo Capital AG and allowed by Client (for example, by phone). It is sole responsibility of the Client to provide us with the e-mail address and ensure that this e-mail address is valid and active.

3.3. None of Data Incidents notification from Invemo Capital AG may not be and will not be construed as an acknowledgment of any fault or liability with respect to data incident by us.

4. CLIENT’S SECURITY COMMITMENTS

4.1. Client agrees that without prejudice to our security measures and data incidents that it is Client’s responsibility to make appropriate use of our services to ensure a level of security appropriate to the risk in respect of your personal data and securing your authorization credentials, system and devices which you use to access to our services.

4.2. We are not obliged to protect your personal data that you choose to store or transfer outside Invemo Capital AG and our subprocessors’ systems.

5. CLIENT’S RIGHTS IN RESPECT TO HIS PERSONAL DATA

5.1. You may access and amend your personal data, request the details about purposes of processing of your personal data and prevent undesirable marketing activities by opting-out. If you wish to opt-out of marketing activities, use ‘unsubscribe’ option available within our e-mails.

5.2. Client may also send a request to receive the information which has been processed, amended, deleted or locked and information about any parties to which we transmit your personal data.

5.3. In some cases we may charge a fee (based on our reasonable costs) if the requests are excessive considering the nature of the request itself or nature and functionality of our services.

6. COOKIE & SIMILAR TECHNOLOGIES

6.1. We also use cookies and similar technologies for collecting technical information, which contains your unique identifiers. We automatically receive the web address of the site that you came from and the IP address of the computer or device that you are using to access the Invemo Capital AG website. This information helps us to understand your preferences, improve website navigation, allows to develop and improve our services, and better manage our servers.

6.2. If you prefer to prohibit the usage of cookies, please use your browser settings. Most browsers give you an ability to manage your cookies or provide you with an “incognito mode” or similar features, which allows you to not record your visits and downloads in your browsing and download histories. In this mode any cookies created during this type of session are deleted after you close all “incognito” windows.

For more details please check our Cookie Policy.

7. CHANGES TO THESE PRIVACY POLICY

7.1. Please note that we may amend this Privacy Policy from time to time at our sole discretion. Therefore, please check this Privacy Policy for updates. If any significant updates with regard to the data processing terms are made here, we will notify you additionally within reasonable time period via e-mail provided by you.

8. CONSENT

By using Invemo’s website and/or applying to become a customer of Invemo Capital AG, you consent to the collection, processing and receipt of your personal data, as described in this Privacy Policy.

9. CONTACT DETAILS

If you require any additional information or have any further questions concerning this Privacy Policy, please contact us at info@invemo.ch.

Security Risks

Client’s cryptocurrency wallet/account and email account(s) safety.

The Client must take all reasonable steps to keep Client’s cryptocurrency wallet/account, which is under Invemo management, password and any other security features safe at all times and never disclose them to anyone, except Invemo in accordance with mandate given by the Client to Invemo.

The Client must take all reasonable care to ensure that the Client’s e-mail account(s) are secure and only accessed by the Client, as the Client’s e-mail address may be used to receive security codes, which is used for funds withdrawal from the Client’s cryptocurrency wallet/account, to reset passwords or to communicate with the Client about the security of your cryptocurrency wallet / account. In case any of the Client’s e-mail addresses registered with Invemo become compromised, The Client should without undue delay after becoming aware of this event, contact Invemo and also contact the Client’s e-mail service provider.

Our personnel will never ask you to provide your email password and any other email security features (e.g., OTP, 2FA etc.) to us or to a third party. Our personnel may only request one time password received to the Client’s email, which is used for funds withdrawal from cryptocurrency wallet / account, when Client gives Invemo an order or instruction to withdraw funds on behalf of the Client. The Client must manage and use his/her email privately and confidentially without granting any access to anyone, including by means of remote-control services (VPN, the same device usage, TeamViewer, etc.).

Any message the Client receives or website visits that asks for the Client’s password or other security features should be reported to Invemo. If the Client is in doubt whether a website is genuine, the Client should contact Invemo. It is advisable to the Client to change password regularly, i.e., at least every three months, in order to reduce the risk of a security breach in relation to the Client’s cryptocurrency wallet / account. Invemo also advises the Client not to choose a password that is easily guessed from information someone might know or gather about the Client or a password that has a meaning.

Irrespective of whether the Client is using a public, a shared or his/her own computer to access his/her email and/or cryptocurrency wallet/account, the Client must always ensure his/her login details are not stored by the browser or cached or otherwise recorded. The Client should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

The Client must comply with the security procedures Invemo informs the Client about from time to time.

The Client, not Invemo, is responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that the Client uses to access his/her account / wallet and the services. The Client is solely responsible for unauthorized access to and/or unauthorized use of the Client’s wallet / account and/or email, as well as loss, theft, misappropriation and/or exposure to abuse. The Client shall be exclusively liable for all losses and expenses (fully and totally, without any limits, limitations and exclusions) relating to any unauthorized use of the Client’s cryptocurrency wallet/account and/or email account(s), as well as in case(s) where the Client acts fraudulently and/or fails to fulfill one or more of its obligations relating to correct and safe usage and safe keeping of the Client’s cryptocurrency wallet/account and/or email account(s).

Considering that technologies develop speedily and constantly, and it is impossible now to foresee all possible future ways of obtaining illegal access to the Client’s cryptocurrency wallet/account and/or email account(s), it is impossible to list all measures that the Client shall take or avoid to ensure safe keeping and use of the Client’s cryptocurrency wallet/account and/or email account(s). Nevertheless the Client bears full responsibility for taking all reasonable precautions and security measures to prevent access of unauthorized persons to the Client’s cryptocurrency wallet/account and/or email account(s) and their further use thereof.