TERMS OF USE

1. Acceptance of the Terms

Access to, and the use of, the website https://graian.ch/ (“Website”) provided by Graian Capital Management SA (CHE-208.420.849), Via Ferruccio Pelli 1, 6900 Lugano, Switzerland (“Graian”) is subject to the present terms of use (hereafter “Terms of Use”).

By accessing and using the Website, you explicitly acknowledge and confirm that you have read, understood and accept these Terms of Use. If you do not understand or do not agree with these Terms of Use, do not use the Website.

These Terms of Use can be changed at any time with immediate effect and without notice. Access to and use of the Website may be restricted or terminated at any time and without notice. Continued access to the Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.

2. No Offer or Advice

This Website is for information purposes only and does not constitute an advertisement, a recommendation, an offer or solicitation of an offer for any financial product or service, digital or other asset or currency and may not be construed as such. Any information, description, statements or opinions provided via the Website do not consider individual users circumstances, objectives, or needs. They do not constitute tax, legal, or investment advice and may not be construed as such.

As an investor, you should bear in mind that past performance is not an indicator of future returns on investments (i.e. the value of an investment may fall as well as rise). The maintenance of the invested capital cannot be guaranteed, and investors may not get back the amount invested. The value of an investment may also fluctuate due to changes in rates of foreign exchange.

3. Legal Restrictions / Eligibility

The information contained within the Website is addressed exclusively to professional and institutional clients in accordance with art. 4 and 5 of the Swiss Financial Services Act (“FinSA”). Access is therefore forbidden to any other individual or legal entity and Graian declines all responsibility in case of unauthorised access.

The Website is not directed to, or intended for distribution to or use by, any individual or legal entity who is a citizen or resident of, or located in, any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorisations have not been obtained by Graian. Individuals and legal entities in such jurisdictions must not access or use the Website. In particular, the financial services described on this Website are not being offered in the United States or to US persons.

The information, descriptions, statements and opinions on the Website are descriptive with regard to Graian and the services described may not be available to or suitable for all users. The fact that a user accesses the Website does not make him a client or eligible to be a client of Graian.

4. Disclaimer of Warranties

The access and use of the Website is made at your own risk. You understand and agree that the Website is provided on an “as is” and “as available” basis and that we expressly disclaim all warranties or conditions of any kind, whether express, implied, statutory or otherwise. All examples of financial strategies/investments set out on the Website are for illustrative purposes only. In particular, no assurance can be given that any forecast or target performance will be achieved, and past performance is no guarantee of current or future returns.

Graian does not provide any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, Graian does not represent or warrant that the Website, its content, or any services obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

5. Limitation of Liability

To the fullest extent permitted by law, in no event shall Graian, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your visit, access, use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

6. Indemnification

You agree to defend, indemnify, and hold harmless, Graian, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

7. Links to other Websites

The Website may contain third-party content and links to third-party websites. Links to third-party websites provided by the Website are provided for the purposes of information and convenience. Graian has absolutely no influence over these third-party websites. For this reason, Graian assumes no responsibility for the correctness, quality, completeness and legality of such websites’ content or for any offers, products and services which they may contain. The responsibility for this lies with the operator of the websites accessed via the links. Graian cannot be held liable for this. Accessing these websites via such links is at your own risk.

8. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Graian, their licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without Graian’s prior written consent. The name, the logo, and all associated names, logos, product and service names, designs, and slogans of Graian are trademarks of Graian or its affiliates or licensors. You may not use such marks without Graian’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Under no circumstances does your use of the Website grant you any ownership rights or other interest in any such marks or content on the Website.

9. Applicable Law and Place of Jurisdiction

These Terms of Use as well as the use of the Website shall be governed by and construed in accordance with the substantive laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the courts of the city of Lugano, Switzerland. Graian nevertheless reserves the right to initiate proceedings before the competent court at your place of residence or domicile or any other competent authority.