Allgemeine Geschäftsbedingungen FinWatch

1. Scope and Contracting Party

1.1 Applicability

These Terms of Service ("Terms") govern the use of the FinWatch Compliance Platform and all associated services. They apply to all users of the platform, including companies, individuals, and their authorized representatives.

1.2 Contracting Party

The contracting party is Crovax Capital LLC ("FinWatch", "we", "us", or "our"), a limited liability company incorporated under Swiss law with its registered office at Chapfstrasse 102, 8126 Zumikon, Switzerland, and registered in the Swiss Commercial Register under number CHE-309.490.623.

1.3 Acceptance

By registering for, accessing, or using the FinWatch platform, you agree to these Terms. Any deviating, conflicting, or supplementary terms of the user will not become part of the contract unless expressly agreed to in writing.

2. Service Description

2.1 Platform Services

FinWatch provides an AI-powered compliance platform that includes the following main functions:

Specialized AI chatbot for regulatory inquiries

Automated compliance audits

Integration of proprietary documents and knowledge bases

Daily updates on FINMA circulars and regulatory changes

Risk country lists and regulatory databases

2.2 Target Audience

The platform is primarily designed for Swiss financial service providers, including:

Asset managers

Banks

Financial advisors

Insurance companies

Fintech companies

2.3 Availability

We strive for the highest possible availability of the platform but cannot guarantee uptime. Maintenance work will be performed outside business hours whenever possible.

3. Usage Rights and Access

3.1 License Grant

FinWatch grants the user a non-exclusive, non-transferable, and revocable right to use the platform in accordance with these Terms and the respective service agreement.

3.2 Registration

Use requires registration with truthful information

Each user is responsible for maintaining the confidentiality of their access credentials

Companies are liable for all activities under their user accounts

3.3 Usage Restrictions

The user agrees to:

Use the platform only for lawful purposes

Not deploy any harmful programs or code

Not attempt to circumvent security mechanisms

Not engage in reverse engineering activities

Not use the platform for competing purposes

4. Data and Privacy

4.1 Customer Data

All data uploaded by the customer remains the property of the customer

FinWatch processes customer data exclusively for providing the agreed services

The Privacy Policy governs the details of data processing

4.2 Data Security

FinWatch implements appropriate technical and organizational measures to protect customer data in accordance with industry standards and legal requirements.

4.3 Data Retention

After contract termination, customer data will be handled in accordance with legal retention requirements and our Privacy Policy.

5. Intellectual Property

5.1 FinWatch Rights

All rights to the platform, including software, algorithms, designs, and content, remain with FinWatch or its licensors.

5.2 User-Generated Content

By uploading content, the user grants FinWatch the right to use it for providing the services. The user warrants having all necessary rights.

6. Fees and Payment Terms

6.1 Pricing

Current prices can be found on the website or in the individual service agreement. All prices are exclusive of applicable taxes.

6.2 Payment Terms

Invoices are due within 30 days of invoice date without deduction

Late payment interest and reminder fees may be charged for payment delays

Repeated payment delays may result in platform access suspension

7. Liability and Warranty

7.1 Disclaimer

IMPORTANT NOTICE: The FinWatch platform serves as a support tool and does not replace professional legal or compliance advice. Users are solely responsible for compliance with all applicable laws and regulations.

7.2 Limitation of Liability

FinWatch is only liable for damages based on intent or gross negligence

Liability for slight negligence is limited to the breach of essential contractual obligations

In any case, liability is limited to the amount of fees paid in the respective year

7.3 Warranty

FinWatch warrants the functionality of the platform according to the service description

No warranty is given for the accuracy and completeness of information provided through the platform

Updates and improvements are made at FinWatch's discretion

8. Contract Duration and Termination

8.1 Term

The contract term is governed by the respective service agreement or options selected during registration.

8.2 Ordinary Termination

Both parties may terminate the contract with 30 days' notice to the end of the respective contract term.

8.3 Extraordinary Termination

Immediate termination is possible in case of:

Material breach of these Terms

Payment default exceeding 60 days

Insolvency of either party

8.4 Consequences of Termination

After contract termination, access to the platform will be suspended. Customer data may be made available for retrieval for a reasonable period.

9. Changes to Terms

9.1 Right to Modify

FinWatch reserves the right to modify these Terms with 30 days' advance notice. Changes will be communicated via email.

9.2 Right to Object

Users may object to changes within 30 days of notification. Without objection, changes are deemed accepted.

10. Final Provisions

10.1 Governing Law

These Terms and all disputes arising from or in connection with the use of the FinWatch platform are governed exclusively by Swiss law.

10.2 Jurisdiction

The exclusive place of jurisdiction for all disputes is the registered office of Crovax Capital LLC (Zurich, Switzerland).

10.3 Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

10.4 Written Form

Amendments and additions to these Terms require written form. This also applies to changes to this written form clause.