Terms of Use and Software Licence Conditions (Beta Test)

1. Terms of Use

1.1 General

1.1.1 Värdex Suisse AG (Värdex Suisse), a public limited company based in Baar, Switzerland, is the publisher of the Cryptonow Wallet application for mobile devices (App), which is available in the Apple App Store and Google Play Store. The app also allows the user to set up a Cryptonow Wallet (Wallet), which is a blockchain-based non-custodial wallet solution where Värdex Suisse never has access to the wallet or the digital assets contained within. You alone have access to the wallet and are solely responsible for deciding who has access to it. The app is a pure software application that provides only the graphical user interface for the use of the wallet (front end). The Cryptonow Wallet exists and operates solely on the underlying blockchain, independent of the app, and can also be used independently of or without the app.

1.1.2 By using the app, you agree to accept and abide by the terms of use and software license conditions as outlined below (Terms of Use and Software License). Please read the full Terms of Use and Software License carefully before using this app or the services of this app.

1.1.3 The name "cryptonow" is a trademark protected by Värdex Suisse. As used in these Terms of Use and Software License, "cryptonow" also refers to the company Värdex Suisse AG, including its owners, directors, investors, employees, or other affiliated parties, but is not limited to them. Depending on the context, "cryptonow" may also refer to the services, products, websites, content, and other materials (collectively referred to as "Materials") provided by Värdex Suisse.

1.1.4 To use the app, you must be at least 18 years old and legally able to enter into binding contracts. By using the app, you affirm and guarantee that you meet these requirements. Värdex Suisse reserves the right to deny access to the app to certain individuals without providing reasons and may change the eligibility criteria at any time.

1.1.5 In some countries, not all features of the app may be available. It is also solely your responsibility to comply with the laws and regulations of the country in which you reside and/or from which you use this app and the services of Värdex Suisse.

1.2 Usage Rights

1.2.1 As long as you agree to and comply with these Terms of Use and Software License, Värdex Suisse grants you a personal, non-exclusive, non-transferable, non-sublicensable, and limited right to use the app and its associated services.

1.3 Crypto Sale

If the account information provided by the customer for the payout of the fiat amount after a crypto sale is incorrect or insufficient, and the customer cannot be reached for information correction, Värdex Suisse will, due to regulatory requirements, initiate a refund of the crypto amount to the original wallet within 55 days after the sale, minus a processing fee. If the value of the cryptocurrency has increased at the time of the refund compared to the time of the sale, the refunded crypto amount will be reduced accordingly.

1.4 Third-Party Services and Content

1.4.1 The app provides interfaces (APIs) or web services (HTTP) through which third parties can directly integrate and provide their own services and content. Such third-party integrations, services, and content are not part of the app provided by Värdex Suisse and these Terms of Use and Software License, but instead, separate and independent terms of use, privacy policies, and fees of the respective third party will apply.

1.4.2 For services and content provided by third parties through the app integration, Värdex Suisse assumes no responsibility, and only the third party is responsible, meaning Värdex Suisse takes no liability.

1.4.3 Specifically, any interactions with the digital assets in the wallet, such as purchases and sales, staking, and exchange activities, cannot be conducted through Värdex Suisse but only through such third-party providers.

1.5 Data Security and Privacy

1.5.1 The app is subject to the data security and privacy provisions outlined in the general Terms of Use of Cryptonow. The most current version can be found at the following link: https://cryptonow.ch/en/use. By using the app, you agree to these provisions. These provisions apply expressly to the app provided by Värdex Suisse and not to third-party services and content. For these, the privacy policies of the respective third parties apply, and Värdex Suisse has no influence or obligations regarding these, either to the third parties or to the app users.

1.5.2 To enable Värdex Suisse to continuously improve the app and tailor it to the needs of users, the app records diagnostic and technical information in the background, including but not limited to software and programming errors, as well as disruptions and crashes of the app. This information may be collected from your device at any time and transmitted to Värdex Suisse and/or the developers of Cryptonow. By installing and using the app, you consent to these recordings being forwarded to the developers of Cryptonow to help them improve the app and related services.

1.6 Risk Warnings

1.6.1 The app and wallet described in these Terms of Use are in a testing phase, and you are participating in a beta test of an unfinished app and wallet. Do not install beta software on a device that is operational and in regular use, especially if it contains important information and data. We recommend using a second mobile phone. By participating in the beta test, you allow Värdex Suisse to collect feedback on the quality and user-friendliness of the app and wallet, to finalize them for public release. By participating in the beta test, you have no entitlement to use the final version of the app and wallet.

1.6.2 In connection with using the app, the following risks may arise, leading to losses: hardware and/or software failure, software bugs, security vulnerabilities, hacking, data loss, including but not limited to losses associated with app updates, changes in the regulatory environment, and loss of your mobile phone.

1.6.3 Värdex Suisse may use third-party software services and content within or in connection with the app. There is a risk that these services and content may contain errors, such as security vulnerabilities, be discontinued, or the third-party provider may end the collaboration with Värdex Suisse.

1.6.4 Third-party integrations and services introduced through open interfaces (APIs) are not under the control of Värdex Suisse, and Värdex Suisse has no direct control over these. Using such third-party integrations and services may involve risks for users.

1.6.5 By using the app, you acknowledge the aforementioned risks and recognize that Värdex Suisse has no or only limited control over these risks. Värdex Suisse strives to minimize the risks for users as much as possible, but there is no entitlement to actions from Värdex Suisse.

1.7 Liability and Claims for Damages

1.7.1 Värdex Suisse rejects any liability and claims for damages in connection with the risks mentioned in section 1.5, whether the risk is imminent, approaching, or realized.

1.7.2 Specifically, Värdex Suisse assumes no liability for third-party services and content. Furthermore, Värdex Suisse rejects any liability or claims for damages arising in connection with or due to the use of third-party integrations and services incorporated into the app.

1.8 Changes and Additions

1.8.1 Värdex Suisse reserves the right to unilaterally change the app and the present Terms of Use and Software License at any time.

1.8.2 The applicable version will be published on the Cryptonow website at "[●]" and is considered accepted by the participant upon publication. In case of any ambiguities or contradictions between the German text and the text in another language of the Terms of Use and Software License, the German text shall prevail.

1.9 Termination

1.9.1 Värdex Suisse reserves the right to restrict access to all or parts of the offered services at any time and/or to deactivate or terminate access to the app immediately, without giving reasons.

1.10 Severability Clause

1.10.1 Each provision of these Terms of Use and Software License shall be construed to be valid and enforceable under applicable law.

1.10.2 If any material provision of the Terms of Use and Software License is unenforceable or invalid under applicable law, it shall only be invalid to the extent of its unenforceability or invalidity and shall be replaced by a valid and enforceable provision that most closely matches the legal and economic meaning of the invalid provision. The remaining provisions of these Terms of Use and Software License shall remain binding and in effect. The same applies to any contractual gaps.

1.11 Jurisdiction and Applicable Law

1.11.1 These Terms of Use and Software License are governed by substantive Swiss law, excluding the conflict of laws provisions and the Vienna Convention on Contracts for the International Sale of Goods.

1.11.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use and Software License shall be the courts located in Baar, Canton of Zug, where Värdex Suisse is based.

Effective: 16.04.2025
Version: 2.0