Terms of Use

Swissgrams AG, Industriestrasse 7, 6300 Zug, Switzerland (the “Company”, “we”, “us”) operates the website accessible at www.swissgrams.com (the “Website”). These Disclaimer and Website Terms (the “Terms of Use”) govern access to and use of the Website. By accessing or using the Website, you acknowledge that you have read, understood and accepted these Terms of Use. If you do not agree, you must not use the Website.

The Website is provided for general information purposes regarding the Company and the Swissgrams Gold project only. While the Company takes reasonable care in compiling the information published on the Website, it gives no representation or warranty, express or implied, as to the accuracy, completeness, reliability or timeliness of any information, and assumes no obligation to update it.

The Website does not constitute a prospectus or an offer document of any kind. It does not constitute an offer or solicitation to buy, sell or subscribe to any token, security or financial instrument in any jurisdiction, and may not be relied upon in connection with any contract or acquisition decision. No information published on the Website constitutes business, legal, financial, tax or investment advice. You should consult your own professional advisers before making any decision in connection with the Swissgrams Gold project. The contractual relationship between a holder of Gold Tokens and the Company is governed exclusively by the applicable token terms (the “Token Terms”) published on the Website.

The Website may contain forward-looking statements, projections and forecasts. Such statements are subject to known and unknown risks and uncertainties, and actual results and developments may differ materially. The Company gives no warranty in respect of any forward-looking statement and assumes no obligation to update it.

The acquisition and holding of Gold Tokens involve risks. Holders should be aware, in particular but not exhaustively, of the following:

• The value of Gold Tokens reflects the market value of the underlying gold and may fluctuate; Gold Tokens generate no yield, interest or income;
• Gold Tokens do not constitute legal tender, electronic money or a payment instrument, and are not covered by any deposit protection scheme;
• Gold Tokens rely on blockchain and smart-contract technology, which may be subject to errors, vulnerabilities, attacks, loss of access or other technical events that can result in the partial or total loss of Gold Tokens;
• Redemption of Gold Tokens for physical coins is subject to the conditions, notice periods and fees set out in the Token Terms;
• The regulatory treatment of tokenised assets may change, which could adversely affect the Gold Tokens.

The risks summarised here are not exhaustive. The complete description of risks is set out in Section 8 of the Token Terms, which prevails.

The Gold Tokens are not being offered, marketed, advertised or otherwise actively distributed to U.S. Persons, and the Company neither solicits nor targets U.S. Persons. The Gold Tokens are not, and there is no anticipation that they will be, registered with the U.S. Securities and Exchange Commission under the Securities Act of 1933, as amended, or under the laws of any U.S. state, and the Company is not registered or licensed with any U.S. federal or state regulator. Nothing on the Website constitutes a prospectus, advertisement or public offering of Gold Tokens in the United States. Further details are set out in Section 8.2 of the Token Terms.

Any gold prices, market data, conversion ratios, reserve figures and other quantitative information displayed on the Website are indicative only, may be delayed or subject to error, and are provided without warranty. Binding information on the Gold Reserve and the applicable fees is determined in accordance with, and published pursuant to, the Token Terms, which prevail.

The Website may integrate or link to services operated by third parties. Any such service is provided by the respective third-party provider under its own terms and responsibility. The Company does not operate or control these services, does not access the personal data processed through them, and accepts no liability for them. The integration of, or reference to, a third-party service does not constitute an endorsement.

The processing of personal data in connection with the Website is described in the Company’s Privacy Notice. The use of cookies and similar technologies is described in the Company’s Cookie Policy. Both are available on the Website and form part of the framework governing the use of the Website.

All content published on the Website, including text, graphics, logos, trademarks and the arrangement thereof, is owned by or licensed to the Company and is protected by applicable intellectual property laws. No content may be reproduced, distributed or otherwise used without the prior written consent of the Company, except as permitted by mandatory law.

To the fullest extent permitted by law, the Company excludes all liability for any direct or indirect damages arising out of or in connection with the access to, use of, or reliance on the Website or its content. The Company accepts no liability for the permanent or temporary unavailability of the Website or for any errors or interruptions. This limitation does not apply in the event of gross negligence or wilful misconduct.

The Company may amend these Terms of Use at any time. The amended version becomes effective upon publication on the Website. The version published on the Website at the time of access applies.

If any provision of these Terms of Use is or becomes invalid, illegal or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose.

These Terms of Use are governed by substantive Swiss law, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is at the seat of the Company.

For any inquiries regarding these Terms of Use, please contact: legal@swissgrams.com.