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Bedingungen und Informationen

Risks Information
INFORMATION ON KEY RISKS

Any activity related to cryptocurrency carries with it significant risks. Prior to using our services, you should carefully consider the risks below. If you are in any doubt as to the actions you should take, please consult your legal, financial, tax or other professional advisor(s). If any of the risks are unacceptable to you, you should not use our services. You acknowledge and agree that you will access and use the services at your own risk. This document highlights some of the risks associated with transactions in connection with virtual currencies, cryptographic tokens, payments services and other risks which you might like you to consider.

RISK OF FUNDS NOT BEING IMMEDIATELY AVAILABLE

We may close, suspend, or limit your access to any part of our services and/or restrict your access to your account for as long as reasonably required to protect against the risk of liability if you violate, breach or fail to comply with any part of the Terms of Services ("ToS"), our policies and/or applicable law. For the avoidance of doubt, we may also permanently close, suspend, or limit your access to our services.

PAYMENT EXECUTION RISKS

Please note that we process and/or execute transactions as quickly as the relevant payment schemes and financial networks allow (and any transaction may be completed by the next business day following the date of our receipt of your payment order or instructions).

BLOCKCHAIN NETWORK RISK

Completion of certain transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets on blockchains can be deferred for a certain period of time until an adequate number of confirmations have been received. The transaction will not be reflected in your account until such adequate number of confirmations have been received and confirmed by us. There is a possibility that your transactions may be cancelled or remain unconfirmed on blockchains. Transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets may be irreversible and losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated the transaction.

REGULATORY UNCERTAINTY

The regulatory frameworks applicable to payment services providers and transactions in connection with virtual currencies, cryptographic tokens and/or other digital assets such as those which are the accepted assets are still developing and in a state of flux. It is possible that your card transactions or Aximetria wallet transactions are, or may in the future, be subject to various reporting, taxation or other liabilities and obligations. Legislative and regulatory changes at country, regional (i.e. in the EU or the EEA) or at an international level may materially and adversely affect the use, transfer, exchange, and value of virtual currencies, cryptographic tokens and/or other digital assets such as those which are the accepted assets.

The trading of commodities and currencies involves a significant amount of risk. Prices can fluctuate on any given day. Because of such price fluctuations, you may gain or lose value of your assets at any given moment. Any currency may be subject to large swings in value and may even become absolutely worthless. There is always an inherent risk that losses will occur as a result of buying, selling or trading anything on the market.
It is possible that the value of cryptocurrencies will drop significantly in the future. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, cryptocurrencies are a unique kind of "fiat" currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of cryptocurrencies in a crisis or issue more currency. Instead, cryptocurrencies are an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

Cryptocurrency trading is susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might be lost in cryptocurrencies because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also be lost because of technical problems i.e. if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

INTERNET-BASED RISKS

There are risks associated with utilising an internet-based platform including, but not limited to, the failure of hardware, software and poor internet connections. You acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience while using the services, howsoever caused.

Hackers or other groups or organizations may attempt to steal your cryptocurrency or the revenue from your transactions. Some weaknesses or bugs may be introduced into the core infrastructural elements of the software causing the loss of the cryptocurrency. Advances in code cracking, or technical advances such as the development of quantum computers, could present risks to Aximetria GmbH.

The blockchain used for our software is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks. Any successful attack presents a risk to our software, expected proper execution and sequencing of the transactions, and expected proper execution and sequencing of contract computations. Cryptocurrency transactions are irrevocable; Stolen or incorrectly transferred cryptocurrencies may be irretrievable. As a result, any incorrectly executed transactions could adversely affect the value of your account. Once a transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer of cryptocurrency or a theft of cryptocurrency generally will not be reversible and there may be no compensation for any such transfer or theft.

FORCE MAJEURE

There is a risk that your transactions may be affected by system failures resulting from adverse events, natural disasters and other emergencies and unforeseen significant changes in the external environment. With regard to any loss due to occurrences such as emergency situations and Force Majeure events, Aximetria is under no obligation to take any corrective actions or measures.

There may be additional risks, which have not been foreseen or identified in the current ToS.

NO ADVICE

Blockchain technology is experimental and there are many uncertainties associated with it. Every user has to carefully assess and evaluate all uncertainties along with their financial situation and their tolerance for risk before using our services. For the avoidance of doubt, Aximetria does not provide any investment advice in connection with the services. We may provide information on the price, range, volatility of cryptocurrencies and events that have affected the price of them, but this is not considered investment advice and should not be construed as such. The content of this document can in no way be construed or read as constituting legal, financial, tax, accounting or advice to users.

DEPOSIT GUARANTEE

Aximetria GmbH is not subject to FINMA (the Swiss Financial Market Supervisory Authortiy) supervision and that the deposits are not covered by the deposit protection scheme.

DISCLAIMER

Aximetria gives no warranty that the information provided on its website and mobile application is up-to-date, accurate or complete and accepts no liability in respect thereof. The content of our website and mobile application should not be considered as financial advice under any circumstance. You are responsible for your personal finances. Under no circumstances will the website and mobile application owners, contributors, authors and partners warrant the completeness or accuracy of the content found on the website and mobile application or its usefulness for any particular purpose. Therefore, the website and mobile application owners, contributors, authors, and partners make absolutely no promises or warranties, nor accept responsibility for any liability, injury or damage that may be caused or may be incurred by you when using the information provided on the website or mobile application. We do not make any promises that our content or services will be delivered to you uninterrupted, timely, securely or error-free. All information and content provided on the website and mobile application is to be used on an "as is" basis. None of the information provided on the website or mobile application is meant to be used in replacement of professional advice and users are encouraged to seek such advice before making any decisions.
Privacy Policy
Aximetria GmbH (hereinafter "Aximetria" or "we", "us" or "our") are committed to protecting and respecting your privacy. We will ensure that the information you submit to us or which we collect, via various channels will only be used for the purposes set out in this Privacy Policy. This Privacy Policy together with our Terms of Service ("ToS") and any other Aximetria agreement apply to your use of:

• our website at aximetria.com (the "Site");
• our mobile application ("App"), once you have downloaded a copy of the App onto your mobile device or hand-held device; and
• any of our other services available via our Site or App (our "Services").

This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed and used by us.

We are the controller within the meaning of the General Data Protection Regulation, we determine the purposes and means of processing your personal data.

We will collect and process the following data about you
Information you provide to us, "Submitted Information" is information you give us about yourself by completing forms on the App and/or the Site, or by corresponding with us i.e. by e-mail. It includes information you provide when you register to use the App, download the App, subscribe to any of our Services, enter into any transaction on the App or the Site, enter a competition, promotion or survey and when you report a problem with either the App, the Services or the Site. If you contact us, we will keep a record of that correspondence. The information you give us may include your name, address, date of birth, e-mail address, phone number, the device's phone number, username, password and other registration information. It may include financial information, details of your bank account including the bank account number, bank sort code, IBAN, details of your debit and credit cards including the long number, relevant expiry dates, CVC, identification document numbers, copies of identification documents (for example, passport details, driving license and utility bills) personal description, photographs and any other information you provide us in order to prove your eligibility to use our Services.

Information we collect about you and your device. Each time you visit the App or our Site we will automatically collect the following information:

• technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information and the type of mobile device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting "Device Information";

• information about your visit, including the full uniform resource locators (URL), clickstream to, through and from our Site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, device information;

• transaction information including date, time, amount, currencies used, exchange rate, beneficiary details, details and location of the merchant or ATMs associated with the transaction, IP address of sender and receiver, sender's and receiver's name and registration information, messages sent or received with the payment, device information used to facilitate the payment and the payment instrument used;

• information stored on your device, including if you allow Aximetria to access contact information from your address book, login information, photos, videos or other digital content, check ins (Content Information). The App will periodically recollect this information in order to stay up-to-date;

• details of your use of our App or your visits to our Site including transaction details relating to your use of our Services, including who you have sent money or electronic money to, foreign exchange transactions you have entered into, the time, date and location of the place the transaction was entered into;

• location information; we use GPS technology and your IP address to determine your location. This is used to prevent fraud, for instance if your mobile phone is saying that you are based in the UK but your card is being used to enter into an ATM Withdrawal or point of sale purchase in Germany, we may not allow that transaction to be processed. Our card protection and fraud-prevention measures require this personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling location permission for the App within your device settings; and

• information to help us deliver our Service to you. We work closely with third parties in order to help us deliver our Services to you. These third parties are business partners (such as those we partner with to offer additional Aximetria Services), sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, fraud prevention agencies, customer service providers and developers. Information we may collect about you from such parties can include credit search information, information which helps us to verify your identity or information relating to your payment transactions.

COOKIES AND RELATED TECHNOLOGIES

Our Site uses cookies, cookies are small text files placed on your computer or mobile device when you visit our Site or use our App. Cookies collect information about users and their visit to our Site or use of the App, such as their Internet protocol (IP) address, how they arrived at the Site (for example, through a search engine or a link from another website) and how they navigate within the Site or App. We use cookies and other technologies to facilitate your internet sessions and use of our App, offer you products and/or services according to your preferred settings, track use of our Site and App and to compile statistics about activities carried out on our Site. We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalised experience when using our Site.

You may set up your web browser to block cookies from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies you may not be able to use certain features and functions of our Site.

FACE DATA

Being a regulated company Aximetria GmbH has an obligation stated in the Art.7 of the Swiss Federal Act on Combating Money Laundering and Terrorist Financing to retain all data of our customers in order to be able to present the data on request of the Regulator or in case of a prosecution.

Face data is an essential part of a customers profile required to comply with AML requirements. We store a client's photo that we receive during the liveness check along with a photo of a client's ID.

Aximetria GmbH may send personal data including face data to a 3rd party service provider in order to verify client's identity (KYC), protect against fraud, comply with anti-money laundering laws and to confirm client's eligibility to use our products and services. A KYC procedure (incl. graphic images analysis) is performed by Sum and Substance Ltd (UK) on behalf of Aximetria GmbH.

We may also disclose your personal information including face data to a legally authorised institutes if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligations or request.

By default, all personal data provided by a client is stored at a destination inside the European Economic Area (EEA). For clients located in jurisdictions with data localization requirements we may also use local servers.

You can request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Aximetria is under certain obligations to retain certain data for a minimum of ten years. Please note that these retention requirements supersede any right to erasure requests under applicable data protection laws.

USES MADE OF THE INFORMATION

Below is a summary of the key types of data that we make use of as part of the Services.

We use information held about you in the following ways:

Submitted Information

We will use this information:

• to carry out our obligations arising from any transactions you enter into with us, i.e. top ups, transfers, ATM withdrawals, card purchases and to provide you with the information, products and services that you request from us;

• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected third parties to provide you, with information about goods or services we feel may be of interest you;

• to verify your identity to protect against fraud, comply with financial crime laws and to confirm your eligibility to use our products and Services;
to notify you about changes to our service; and

• to ensure that content from our Site is presented in the most effective manner for you and for your computer.

Device Information

We will use this information:

• to administer our Site and the App for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• to improve our Site and the App to ensure that content is presented in the most effective manner for you and for your computer;

• to allow you to participate in interactive features of our Services, when you choose to do so;

• as part of our efforts to keep our Site and the App safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

• to make suggestions and recommendations to you about goods or services that may interest you;

• to verify your identity, protect against fraud, comply with anti-financial crime laws and to confirm your eligibility to use our products and services; and

• to comply with our legal and regulatory obligations.

Location Information

We will use this information:

• to deliver relevant advertising to you, for example, information on nearby merchants; and

• to protect against fraud.

Third Party Information

We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information:

• to help us better understand your financial circumstances and behaviour so that we may make decisions about how we manage your Aximetria Account;

• to process applications for products and services available through us including making decisions about whether to agree to approve any applications; and

• for the purposes set out above (depending on the types of information we receive).

We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this Privacy Policy for as long as it is combined. For example, we may use credit reference agencies to carry out credit searches on you, so that, when you apply for credit products or when we suggest credit products to you via the App, we will be able to tailor our credit offering to your needs. Any such search under this section may leave a footprint on your credit file. You acknowledge that we may carry out such credit search in the knowledge that it may leave a footprint on your credit history. We do not allow joint account holders, however in certain circumstances credit reference agencies may link your record with your spouse, partner or other financial associate.

If we decide to engage advertisers to promote our products and services, the advertisers and their advertising networks may require anonymised personal data to serve relevant adverts to you. We will never disclose identifiable information about individuals to advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help our advertising partners provide a tailored and targeted campaign, relevant for a sub-section of our users. In some instances, we may use personal data we have collected from you to enable our advertising partners to display their advertisement to their target audience.

DISCLOSURE OF YOUR INFORMATION

We will disclose the data we collect from you to certain third parties who use personal data in delivering their services to us, they use data securely and confidentially and under strict contractual controls in accordance with data protection laws and controls enforced by Aximetria.

We send personal data to the following sets of data processors in order to perform the Aximetria Services:

Fraud prevention agencies. This is in order to verify your identity, protect against fraud, comply with anti-money laundering laws and to confirm your eligibility to use our products and services. Please note that if fraud is detected, you could be refused our Services;

Cloud storage providers. This is in order to safely and securely store your data with Aximetria;

Banking and financial services partners. Financial services providers that help us provide the Services including banking partners, banking intermediaries and international payments services providers;

• Credit reference agencies. For the purpose of assessing your credit score;
Card manufacturing/personalisation and delivery companies. For the purpose of creating your personalised Aximetria card and delivering this to you at your requested address; and

• Advertisers and analytics providers. If we decide to engage advertisers to promote our products and services, the advertisers and their advertising networks may require anonymised personal data to serve relevant adverts to you and others. We will never disclose identifiable information about individuals to advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help our advertising partners provide a tailored and targeted campaign, relevant for a sub-section of our users. In some instances, we may use personal data we have collected from you to enable our advertising partners to display their advertisement to their target audience. We also use analytics and search engine providers that assist us in the improvement and optimisation of our Site.

Companies within the Aximetria Group and/or affiliates. In order to provide a unified service across all of our products and services, we may disclose your personal information to any member of the Aximetria Group and/or affiliates, which means any of our subsidiaries or related entities. Companies in the Aximetria Group will be acting as joint controllers or processors in order to provide the Services.

We may also disclose your personal information in the following circumstances:

• if we or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

• if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligations or request;

• if we need to enforce or apply the ToS or any other agreements between you and us or to investigate potential breaches; or

• protect the rights, property or safety of Aximetria, our customers or others.

This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

STORAGE SECURITY & INTERNATIONAL TRANSFERS

The data that we collect from you will be transferred to, and stored at, a destination inside the European Economic Area (EEA). As we provide an international service your data may be processed outside of the EEA in order for us to fulfil our contract with you to provide our Services. We will need to process your personal data in order for us, for example, to action a request made by you to execute an international payment, process your payment details, provide global anti-money laundering and counter terrorist financing solutions and provide ongoing support services. We will take all steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology or a secure virtual private network. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our App and/or our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App or our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Any third party that receives or has access to your data is required to protect such data. We shall ensure any such third party is aware of our obligations under this Privacy Policy and ensure we enter into contracts with such third parties, bound by terms no less protective than the obligations we undertake to you under this Privacy Policy or which are imposed on us under applicable data protection laws.

You acknowledge that by using our Services You will be providing us with your data. You consent to us disclosing that information where required by this Privacy Policy and/or law.

RETENTION

Your data will be retained as long as it is necessary for us to do so, having regard to the purposes described in this Privacy Policy and our own legal and regulatory requirements. In accordance with our record keeping obligations we will retain accounts and personal information for at least a period of ten years after they are closed by you.

SECURITY

We have implemented security measures to ensure the confidentiality of your data and to protect your data from loss, misuse, alteration or destruction. Only authorised personnel of Aximetria have access to your data, and these personnel are required to treat the information as confidential. The security measures in place will, from time to time, be reviewed in line with legal and technical developments.

YOUR LEGAL RIGHTS

You have rights under data protection laws in relation to your personal data.

You have the right to:

• request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you. If you require this, then please contact us at support@aximetria.com;

• request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you require this, then please contact us at support@aximetria.com;

• request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Please note, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Aximetria is under certain obligations to retain certain data for a minimum of 5 years. Please note that these retention requirements supersede any right to erasure requests under applicable data protection laws;

• to object to the processing of your personal data. This is in situations where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights. Aximetria is under certain obligations to process and retain certain data for compliance purposes. Please note that these requirements supersede any right to objection requests under applicable data protection laws. If you object to the processing of certain data then we may not be able to provide the Services and it is likely we will have to terminate your account;

• request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• if you want us to establish the data's accuracy;

• where our use of your data is unlawful, but you do not want us to erase it;

• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

• you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it. Please note that any requests in relation to the restriction of the processing of your data means that we may not be able to perform the contract we have or are trying to enter into with you (including the Services). In this case, we may have to cancel your use of the Services, but we will notify you if this is the case at the time;

• request for the transfer of your personal data to you or to a third party. We will provide to you, your personal data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. If you require this then please contact us at support@aximetria.com;

• request for the transfer of your personal data to you or to a third party. We will provide to you, your personal data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. If you require this then please contact us at support@aximetria.com; and

• withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the Services to you. We will advise you if this is the case at the time you withdraw your consent.

For information, Switzerland's competent data protection authority is the Federal Data Protection and Information Commissioner.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one business day. Occasionally it may take us longer than one business day if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including the Aximetria Services). In this case, we may have to cancel your use of our Services, but we will notify you if this is the case at the time.

CHANGES

This Privacy Policy may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of Aximetria. We will make available the updated Privacy Policy on our website. All communications, transactions and dealings with us shall be subject to the latest version of this Privacy Policy in force at the time.

LINKS

There may be links from our site to other websites and resources provided by third parties. This Privacy Policy applies only to our Site. We do not control those third-party websites or any of the content contained therein and you agree that we are in no way responsible or liable for any of those third-party websites.

MARKETING

We will obtain your express opt-in consent before we share your personal data with any company outside the Aximetria Group of companies for marketing or promotional purposes. You have the right to ask us not to process your data for marketing purposes. You can exercise Your right to prevent such processing at any time by contacting us at support@aximetria.com.

CONTACT US

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices as they relate to our Services, please contact us at the following e-mail address: support@aximetria.com.
Terms of Services
These Terms of Service were updated on November 14 2021 and are applicable for all customers using Aximetria mobile application version 3.0.2 or higher for iOS devices and 2.0.1 or higher for Android devices.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICES, DO NOT ACCESS OR USE ANY OF OUR SERVICES.

These Terms of Services (hereinafter "ToS") govern the provision of services by Aximetria GmbH, a company established under the laws of the Switzerland under a Company ID: CHE-444.528.917, having its business address at Dammstrasse 16, 6300, Zug, Switzerland. These ToS is an electronic agreement between You and Aximetria GmbH (hereinafter "Aximetria" or "We"). These ToS apply to any access and use of our website aximetria.com, our online services, our Android and iOS mobile apps, and any of our services related to or utilizing any of the foregoing, which we refer to in these ToS, collectively, as our "Services."

These ToS incorporate Privacy Policy and Information on Key Risks as well as any other policies published on our website by reference, so by accepting these ToS, You agree with and accept all the policies published on our website.

These ToS are made in English and the English version of the ToS prevails over any other version translated into any other language, which may be provided by us to You for convenience purposes.

You can use our Services only if you can lawfully enter into this agreement with Us under applicable law. If you use our Services, you agree to do so in compliance with ToS and with applicable laws and regulations. You are solely responsible for understanding and complying with any and all laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with the use of any and all Services.

1. SERVICES
Aximetria provides an investment and settlement product that substantially simplify transactions in digital currency.

The main purpose of opening and operating of an Account in Aximetria is investment in crypto and crypto-fiat exchange. Money transactions to the third parties are allowed but subject to compliance investigations.

Our Services may evolve over time. This means we may make changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our website.

2. ELIGIBILITY
To use the Services You must: be at least 18 years old;

establish the Account in accordance with the instructions given in these ToS, on our website and/or our Android and iOS mobile apps;

not be in violation of any of the provisions of these ToS or applicable laws and regulations,

not be a resident of any of the Restricted Countries: Afghanistan, Myanmar/Burma, Burundi, Cambodia, North Korea, Congo, Guinea-Bissau, Haiti, Iran, Iraq, Libya, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, Tunis, USA, Crimea territory (Russian Federation).

There are no special technical requirements to use the Service. Nevertheless, You have to have a computer or a mobile device with Internet or data services.

3. ACCOUNT ESTABLISHMENT
To use the Services You must apply for an Account and provide all requested information. You must not provide any false, inaccurate, incomplete or misleading information. You must notify Aximetria immediately upon any change of the information provided for the Account registration by sending us email at info@aximetria.com or by using mobile app's interface. The usage of Your information is a subject of the Privacy Policy which provides details of Your information that Aximetria collects, how such information is used, and who Aximetria shares it with.

Depending on where You use the Account, this may include a processing of Your personal information outside of the European Economic Area, and by using the Services You agree that Your personal information may be transferred and processed outside the European Economic Area.

It remains in our sole discretion whether We open an Account to You. If Your application is approved, We will advise You as soon as possible.

You may only have one Account. Any attempt to create more than one Account will be considered as a fraudulent behavior and will entail consequences described in Section 13 of these ToS.


4. YOUR RIGHTS AND RESPONSIBILITIES
You have the right to use the Services, as long as You agree to and actually complies with these ToS.

You undertakes to monitor all and any changes on Your Account and immediately inform Us about any unusual, suspicious, unclear or abnormal changes on Your Account or/and any unauthorized use of Your Account or password, or any other breach of security. Otherwise You will be responsible for any loss or damage You, Aximetria or/and third parties may incur as a result.

You undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. You are responsible for any and all damages caused and all liability actions brought against Aximetria for infringement of any third party rights or violation of any applicable laws.

5. AXIMETRIA'S RIGHTS AND RESPONSIBILITIES
We have the right to suspend Your account and block any and all transactions in case of non-fulfilment or unduly fulfilment of these ToS.

For the purposes of anti-money laundering prevention and combatting terrorist activities, We reserves the right to request any additional information and documents from You about You and/or Your Transaction, and suspend Your access to Your Account anytime in case the documents or information provided by You are unsatisfactory or insufficient, as We decide in our sole discretion.

If our investigation shows that a transaction reported by You as unauthorised or incorrectly executed was in fact authorised by You or correct, or You have acted fraudulently or with gross negligence (for example, by failing to keep Your security information secure), or You performed a transaction by using the Software flaws, We may, in our sole discretion, cancel the transaction and restore Your Account to the state it would have been if the transaction had not taken place, and/or terminate our agreement with You, close Your Account, and deny You from using the Services in the future. Depending on the particular circumstances, We may decide to submit information about the transaction and Your related activities to the relevant state authorities for further investigation.

6. COMMISSIONS
Commissions applicable to Your Account are set out in the interface of our website or/and mobile apps. We reserves the right to change the Commissions anytime in our sole discretion with or without providing a prior notification.

7. INTELLECTUAL PROPERTY RIGHTS
All content of the Services, including software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials, is the property of Aximetria and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby or/and in the interface of our website or/and mobile apps.

All content of the Services should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated, in other way than it is expressly provided by functionality of the Services. Any unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

8. TAXATION
Aximetria makes no representations concerning the tax implications of the possession or use of Your account and/or the Services. You bear the sole responsibility to determine if the usage of the Services over time has tax implications for You in any jurisdiction. By using the Services, and to the extent permitted by law, You agree not to hold Aximetria liable for any tax liability associated with or arising from Your use of the Services.

9. FINANCIAL OR LEGAL ADVICE
Aximetria does not provide any financial, investment or legal advice in connection with the Services. Aximetria may provide information as part of Services, but it should not be considered as an investment or financial advice and should not be construed as such. You are solely responsible for determining whether any contemplated transaction is appropriate for You based on Your personal goals, financial status and risk willingness. Any decision You make using the Services is Your decision and Aximetria will not be liable for any loss suffered.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOU ARE USING THE SERVICES AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE APPLICABLE LAW). WITHOUT LIMITING THE FOREGOING, AXIMETRIA DOES NOT WARRANT THAT THE PROCESS OF USING THE SERVICES AND/OR YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE.

11. LIMITATION OF LIABILITY. WAIVERS
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR ACCOUNT UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT AXIMETRIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR ACCOUNT, OR PURCHASE OR SALE OF, OR INABILITY TO PURCHASE OR SELL, DIGITAL CURRENCIES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT AXIMETRIA IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CUSTOMERS, AND THAT THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL AXIMETRIA BE LIABLE TO YOU FOR MORE THAN THE AMOUNT THAT YOU HAVE PAID TO AXIMETRIA FOR A PARTICULAR TRANSACTION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TOS SHALL AFFECT YOUR STATUTORY RIGHTS OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF AXIMETRIA.

12. SUSPENSION, CLOSURE, AND TERMINATION
Your Account does not expire and will remain valid until cancelled by either You or Aximetria.

When Your Account is closed, it cannot be used. You will remain liable for all obligations relating to Your Account even after Your Account has been closed. Closing Your Account does not mean that We delete Your data that We hold on You and We will continue to store such data, including the history of Your Transactions for a minimum period of ten years if longer period is not required by law.

We may terminate our agreement with You and close Your Account by giving You a one-week' notice via email with or without reason.

We may suspend or terminate our agreement with You and Your Account, or refuse to reactivate Your Account, immediately upon a notice given to You via email:

if You violate any provision of these ToS and fail to resolve the matter in a timely manner;
if You act in a manner that is threatening or abusive to our staff, or any of our representatives;
if You fail to pay Commission;
if Your Account is dormant and its balance has reached zero;
if You attempt to gain unauthorized access to our Services or another Customer's Account or provide assistance to others attempting to do so;
if You overcome our software security features;
if We are concerned about the security of Your Account;
if We suspect Your Account is being used in an unauthorised manner, including without limitation, to commit fraud or for other illegal purposes; or
if We need to do so to comply with the law or with a request of law enforcement or other government agencies.

13. DORMANT ACCOUNT
Your Account might be subjected to suspension and/or termination due to the reasons including, but not limited to a prolonged period of inactivity or regulatory and other restrictions. In such a case we will notify you with an email and/or SMS communication about the necessity to withdraw your funds from Your Account. In case you are failed to fulfil the relevant requirements and withdraw your funds, Your Account will be classified as dormant starting from the 14th day from the date of the notification. This type of Account will be suspended and charged dormancy fee (in equal shares over a certain period, but not longer than 12 months and not less than $300/month). A dormant account will be closed automatically when the balance reaches zero. After Your Account becomes dormant, you will have to contact the service support team using the support chat in the mobile application or the web site to negotiate withdrawal of any remaining funds.

14. JURISDICTION
These ToS will be governed by and construed in accordance with the Switzerland law without reference to conflict of Law or choice of Law provisions, and the parties irrevocably submit to the non-exclusive jurisdiction of the Switzerland courts for determination of any dispute concerning these ToS.

15. MISCELLANEOUS
Entire Agreement. These ToS contain the entire agreement, and supersedes all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these ToS and any other agreements You may have with Us, the terms of these ToS shall prevail.

Amendments. We may make changes to these ToS, including when there are changes in our Services, technology, regulation and for other reasons. If we do, we will provide you notice of such changes by posting the updated ToS on our website. Any amended ToS will become effective no earlier than 7 days after they are posted. In some exceptional cases, e.g. such changes addressing new functions of the Services or made for legal reasons, the changes will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended ToS, you must discontinue using the Services and contact Us to close Your Account.

Severability. The invalidity or unenforceability of any provision of these ToS shall not affect the validity or enforceability of any other provision of these ToS, all of which shall remain in full force and effect.

Force Majeure. Neither party shall be liable for any inaccuracy, error, delay in, or omission of the transmission or delivery of information; or any loss or damage arising from any Force-Majeure.

Assignment. You may not assign or transfer any of Your rights or obligations under these ToS without prior written consent from Aximetria, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these ToS, in whole or in part, without obtaining Your consent or approval.
Die AML-Richtlinie der Aximetria GmbH richtet sich nach den folgenden Gesetzen und Verordnungen der Schweizerischen Eidgenossenschaft.
Federal Act on Combating Money Laundering and terrorist financing of 10 October 1997

Ordinance on Combating Money Laundering and Terrorist Financing of 11 November 2015

FINMA Circular 2016/7 on "Video and online identification" of 3 March 2016

Regulations of the Self-Regulatory Organisation pursuant to the Anti-Money Laundering Act VQF Financial Services Standards Association regarding the Combating of Money Laundering and Terrorist Financing of 28 September 2015
VQF-Circular 2016/1 concerning Applicability of regulations issued by FINMA of 14 June 2016

VQF information leaflet for the engagement of third parties for the performance of duties of due diligence and / or as AMLA Special Department

VQF Information leaflet for issuing internal directives

Swiss Criminal Code of 21 December 1937