Website Terms Of Use

TERMS OF USE

These Terms of Use (“Terms“) govern the access and use of this website operated by AI BRAINVISUALS AG, based in Liechtenstein (“AI BRAINVISUALS”, “we“, “us“, “our“), in particular the domain https:// and all subdomains related to it (hereinafter jointly referred to as “Website”).

“You”, “your” and “User(s)” refers to anybody who accesses or uses the Website in any way. If you are accessing or using the Website on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “user(s)” will refer to that entity.

Please read the Terms carefully before you start to use the Website.

1. Acceptance of the Terms

By accessing or using the Website, you automatically agree to these Terms. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms shall exclusively Website; any of your terms and conditions that contradict or deviate from these Terms shall only be valid if and to the extent that we have expressly agreed to them. If you do not agree with any part of these Terms, you may not access or use the Website.

You may not copy or modify the Website, any part of the Website, or our trademarks in any way. You may not attempt to extract the source code of the Website, nor should you attempt to translate the Website into other languages or create derivative versions. The Website itself and all related trademarks, copyrights, database rights and other intellectual property rights remain the property of AI-BRAINVISUALS.

2. Changes of the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will attempt to provide at least 15 days’ notice before new terms become effective. What constitutes a material change will be determined in our sole discretion.

If you continue to access or use the Website after these changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue use of the Website.

You are responsible to regularly review these Terms to stay informed of any updates, as they are legally binding on you.

3. Accessing the Website

We reserve the right to modify or discontinue the Website, along with any services or materials offered on it, at our sole discretion and without prior notice. We do not guarantee continuous availability or uninterrupted access to our Website or its content. We will not be liable if all or any part of the Website is unavailable at any time or for any duration. Periodically, we may limit access to certain sections of the Website or the entire Website for users.

You are responsible to:

• make all necessary arrangements to access the Website; and
• ensure that anyone who accesses the Website through your internet connection is aware of and complies with these Terms.

4. Personal Restrictions

Our Website is accessible to users who are at least 18 years old. By accessing and using the Website, you confirm and guarantee that you (i) are 18 years old or older, (ii) are not prohibited from using the Website by any relevant laws, and (iii) are using the Website solely for personal purposes. If you do not fulfill these criteria, you are not permitted to access or use the Website.

5. Local Restrictions

We are based in Liechtenstein and do not make any claims that the Website or any of its content is accessible or appropriate outside of Liechtenstein. Access to the Website may be illegal for certain individuals or in certain countries. If you choose to access the Website from outside Liechtenstein, you do so at your own risk and are responsible for complying with local laws.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. Specifically, you agree not to use (or attempt to use) the Website:

• in any manner that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• for any purpose that violates these Terms or any other terms or policies provided in connection with the Website;
• to decompile, reverse engineer, disassemble, copy, store, or attempt to derive or decipher the source code of the Website, content, or services therein;
• to make any modifications, adaptations, enhancements, translations, copies or derivative works of the Website, content, or services therein;
• to remove, alter or obscure any proprietary notices (including copyright or trademark notices) posted by us or the licensors of the Website, content, or services therein;
• to use the Website, content, or services therein for a profit-making venture, commercial enterprise or other purpose for which it was not designed or intended;
• to use the Website, content, or services therein to create a product, service, or software that directly or indirectly competes with or in any way replaces the Website;
• use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Website, content, or services therein;
• to exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content or asking for personally identifiable information;
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
• to transmit or procure the sending of any advertising or promotional material without our prior written approval, including any “junk mail”, “chain letters”, “spam,” or any other similar solicitation;
• to impersonate or attempt to impersonate us, one of our employees, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
• to damage, disable, disrupt, overburden, or impair the functionality of the Website in any manner;
• to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;
• to introduce any viruses, trojan horses, worms, logic bombs, malware, ransomware, spyware, or other malicious or technologically harmful material;
• to attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• to harvest or otherwise collect information or data about any person without their consent or use automated scripts to collect information from or otherwise interact with the Website;
• to commercialize any application, code, or any information or software associated with such application and/or the Website, without our prior consent;
• to upload, post, transmit, distribute, store, or otherwise make publicly available on the Website any personal data of any third party without the person’s prior explicit consent;
• to upload, post, transmit, distribute, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense or, in our sole judgment, is objectionable or misleading;
• to make the Website, content or services therein available over a network or other environment that allows access or use by multiple devices or Users simultaneously;
• to circumvent or attempt to circumvent any filtering, security measures, or other features designed to protect the Website, or third parties; and
• to facilitate or assist another person to do any of the above acts.

If you become aware of any unauthorized or unacceptable use of the Website, you agree to promptly notify us (LINK E-MAIL).

7. No Offer or Recommendation – non-binding Nature

You understand and acknowledge that all content available on the Website is provided for informational purposes only and is not intended to be contractual or binding on us in any way. No information published on the Website constitutes professional or legal advice, a solicitation, an offer, or a recommendation to engage in any transactions or conclude any legal acts of any kind.

The information on our Website is neither an invitation to buy and/or sell (of any kind) nor an offer or recommendation to buy and/or sell digital assets and/or financial instruments, to engage in other transactions or to conclude any legal transaction.

The information on our Website therefore does not constitute decision-making aids for economic, legal, tax or other advisory issues, nor may investment or other decisions be made solely on the basis of this information. All of the investment decisions you make shall be based exclusively on your own assessment of your financial situation and your investment goals. You are solely responsible for such decisions. Prior professional advice by a qualified specialist is strongly recommended.

Any reliance you place on the information or content on the Website is strictly at your own risk. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

8. Reliance on Information / No Sales Activity

The information on our Website is for information purposes only. It is not intended for distribution to or use by any natural or legal person in any country where the distribution or use would be in violation of local law or regulations, or where any registration requirement in this country would be enforced. Persons or entities to whom these prohibitions apply must not access and/or use the Website.

In particular, the information regarding one or more of our designated “product(s)” and “service(s)” on the Website is NOT authorized for distribution, offering or any sale in the United States under the U.S. Investment Company Act of 1940 or the U.S. Securities Act of 1933. We therefore expressly state that the Website is not directed to any person or entity located or resident in the United States, its territories or dependent territories, or otherwise subject to the laws of the United States by reason of such person’s citizenship or otherwise.

We may periodically update the content on the Website, but it may not always be complete or current. Any material on the Website could be outdated at any time, and we are not obligated to update such material.

9. Intellectual Property

The entire content (text, graphics, images, etc.), features, functionality, and structure of the Website are the intellectual property of AI BRAINVISUALS, its licensors, or other partners listed in the imprint and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The complete or partial reproduction, distribution, modification, linking or use for commercial or public purposes and any kind of exploitation outside the limits of copyright requires our prior written approval or the consent of the partners listed in the imprint.

The content of our Website may only be used for private, non-commercial purposes. The unauthorized reproduction or distribution of individual content or complete pages is not permitted and is punishable by law. In particular, it is forbidden:

• to set up links, e.g. in the form of hyperlinks or inline links to the Website, to frame it or to access it through links or through a frame, without our prior written approval; and
• to reproduce, in whole or in part, transmit by electronic or any other means, modify or use copyright elements of the Website for public or commercial purposes without our prior written approval.

Nothing in these Terms grants you a right to use our name or any of our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights.

Accessing the Website does not grant, nor should it be construed as granting, any license under our or any third party’s intellectual property rights. Any use of the Website, including copying or storing any part of it, other than for personal, non-commercial use, is prohibited without our prior written approval.

AI BRAINVISUALS’ names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of AI BRAINVISUALS or its licensors. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever without our prior written approval.

10. User Representations

By using the Website, you represent and warrant that:

• all registration information you submit is true, accurate, current and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you are legally competent and agree to abide by these Terms;
• you are not located in a country that is subject to EU financial sanctions or a U.S. government embargo, or that has been designated by the EU or the U.S. government as a “terrorism supporting” country; and that you are not on any EU or U.S. government list of prohibited or restricted parties;
• you are not accessing the Website through automated or non-human means, whether through a bot, script or otherwise;
• you will not use the Website for any illegal or unauthorized purpose;
• your use of the Website will not violate any applicable law or regulation;
• you acknowledge that the Website does not provide financial, investment, or trading advice, or a recommendation to engage in any transactions or conclude any legal acts of any kind. You are solely responsible for conducting due diligence and seeking professional advice before making any trading decisions or engaging in any transactions.

11. Third Party Content and External Links

Our Website may contain content, including but not limited to articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items owned or originated by third parties, including but not limited to other Users, bloggers, Strategy Providers, Crypto Trading Platforms, and third-party licensors (“Third Party Content“). All statements and opinions expressed in Third Party Content, as well as all articles, responses to questions, and other content, apart from the information provided by us, are solely the opinions and responsibility of the individuals or entities providing this Third Party Content. Third Party Content does not necessarily represent our views. We are not responsible or liable to you or any third party for the content or accuracy of any Third Party Content.

Our Website may contain links to websites of third parties (“External Links“) over whose content we have no influence. External Links are provided solely as a convenience to you. We have no influence on the content of External Links and for this reason, we cannot accept any liability for the content or for any loss or damage that may arise from your use of them. The respective provider or operator of the External Links is always responsible for the content of the External Links and the linked websites. The access and use of External Links are entirely at your own risk and subject to the terms and conditions of use for such websites. Including, linking to, or permitting the use or installation of External Links does not mean that we approve or endorse them.

If you decide to access any External Links and/or use and/or install any Third Party Content, you do so at your own risk and you should be aware that these Terms no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Website or that relate to any applications you use or install from the Website, including any digital asset trading services. Any purchases you make through third party websites are made through other websites and by other companies, and we assume no responsibility with respect to such purchases, which are solely between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on any External Links or Third Party Content, AND YOU HOLD US HARMLESS FROM ANY DAMAGES CAUSED BY YOUR PURCHASE OF SUCH PRODUCTS OR SERVICES AND YOUR RELIANCE ON SUCH THIRD PARTY CONTENT. IN ADDITION, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY LOSS OR DAMAGE YOU INCUR IN CONNECTION WITH OR RESULTING IN ANY WAY FROM YOUR USE OF THIRD PARTY CONTENT OR CONTACT WITH EXTERNAL LINKS, INCLUDING ANY LOSS RESULTING FROM YOUR PURCHASE, SALE OR TRADE, RENTAL OR OTHER USE OF DIGITAL ASSETS.

We reserve the right to withdraw linking permission without notice. A constant control of the External Links is not reasonable for us without concrete evidence of legal violations. However, if we become aware of any legal violations, we will delete such External Links immediately.

Deeplinking or framing of the Website or other techniques by which our Website (or parts thereof) are integrated into third-party websites – in any form – are not permitted without our prior written approval.

12. Warranties Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO MEET YOUR PARTICULAR REQUIREMENTS FOR ANTIVIRUS PROTECTION AND THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

AI BRAINVISUALS, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESRNTATIVES, AND EMPLOYEES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED; THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

TO THE EXTENT NOT PROHIBITED BY LAW, WE PROVIDE THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT WEBSITELY TO YOU IN ITS ENTIRETY BUT WILL WEBSITELY TO THE MAXIMUM EXTENT PERMITTED BY WEBSITELICABLE LAW.

13. Limitation of Liability

THE CONTENT OF THE WEBSITE IS CREATED WITH THE UTMOST CARE, BUT WE DO NOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR TIMELINESS. THE WEBSITE IS A NON-BINDING INFORMATIONAL OFFER REGARDING OUR PRODUCTS AND SERVICES, WHICH MAY BE CHANGED AT OUR SOLE DISCRETION AT ANY TIME WITHOUT NOTICE. ALL WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK; ALL ASSOCIATED COSTS ARE YOUR RESPONSIBILITY.

Certain features of the Website require the Website to have an active internet connection. The connection may be Wi-Fi or provided by your mobile carrier, but AI BRAINVISUALS AG cannot take responsibility for the Website not working with full functionality if you do not have access to a fully functioning internet connection. Likewise, it is important to ensure that your device battery is not dead in order to access or use our Website.

TO THE EXTENT NOT PROHIBITED BY LAW, AI BRAINVISUALS, INCLUDING ITS BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, LICENSORS, AGENTS, CONTRACTORS, AND PARTNERS, DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM: (1) THE CONTENT ON THE WEBSITE, INCLUDING ITS ACCURACY AND COMPLETENESS, AND LINKING TO OR CONTENT FROM THIRD PARTIES; (2) ERRORS OR OMISSIONS ON THE WEBSITE; (3) ACCESS TO AND/OR USE OF THE WEBSITE AND/OR ANY EXTERNAL LINKS; (4) INABILITY TO ACCESS AND/OR USE THE WEBSITE FOR ANY REASON; (5) UNAUTHORIZED ACCESS, USE, OR MODIFICATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT, AND EVEN IF A REMEDY DESCRIBED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; (6) OTHER DAMAGES RESULTING FROM THE USE OF (OR INABILITY TO USE) THE WEBSITE AND ITS CONTENT AND SERVICES.

AI BRAINVISUALS, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESRNTATIVES, AND EMPLOYEES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY EXTERNAL LINKS, ANY CONTENT ON THE WEBSITE OR SUCH EXTERNAL LINKS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH EXTERNAL LINKS. THIS INCLUDES BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN JURISDICTIONS WHERE SUCH EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF THESE TERMS.

THE AGGREGATE LIABILITY OF AI BRAINVISUALS AND ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDERS RELATING TO THE WEBSITE WILL BE LIMITED TO ONE HUNDRED THOUSEND EURO (100,000.00 €). THE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY PROVISION OF THIS SECTION IS OR BECOMES INVALID, THE REMAINING PROVISIONS SHALL REMAIN UNAFFECTED AND WILL BE REPLACED BY A VALID PROVISION THAT CLOSELY MATCHES THE ECONOMIC INTENT OF THE INVALID PROVISION.

14. Force Majeure

AI BRAINVISUALS is not liable for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include, but are not limited to, war, threats of war, riots, civil disturbances, terrorist activities, industrial disputes, natural or nuclear disasters, fires, airport closures, adverse weather conditions, utility service interruptions or failures, or actions by any local or national government.

15. Confidentiality and Encryption

Your attention is drawn to the fact that the data exchanged between yourself and us is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond the borders of Liechtenstein, even if both yourself and us are located in Liechtenstein. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end; it is possible that data may be intercepted.

Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption algorithms. In no event shall we be responsible for any violations of measures governing the importing, exporting or use of encryption algorithms. You alone shall be responsible in the event of any such violation.

Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.

16. Indemnification

You agree to indemnify, defend, and hold harmless AI BRAINVISUALS AG, including our subsidiaries, affiliates, licensors, service providers, and all respective board members, directors, officers, employees, agents, partners, contractors, successors, and assigns from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and expenses) arising out of or relating to:

• your access to or use of the Websitet;
• any breach or alleged breach by you of these Terms, including but not limited to your representations and warranties set forth herein;
• any violation by you of the rights of any third party, including but not limited to intellectual property rights, privacy rights, and proprietary rights;
• any overtly harmful act by you towards any other User of the Website with whom you have connected through the Website, including any actions that could be considered fraudulent, illegal, or unethical; and/or
• your reliance on or interaction with any Third Party Content, External Links, or services accessible through the Website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of any such claim, action, or proceeding. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

Your indemnification obligations under this section shall survive the termination of these Terms.

17. Electronic Communications

We may be required to provide you with certain legal and regulatory disclosures, periodic statements and certifications, notices, tax forms and other communications (collectively, “Communications“) in writing. By agreeing to these Terms, you consent to our providing such notices to you in electronic form. Consent to electronic delivery will be effective for each year in which the Communications are provided. If you no longer have access to your account to receive the communications in electronic form, you may request the communications in writing.

You agree that all terms, conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications would satisfy if provided in writing. With respect to these Terms, you waive all rights to require an original (non-electronic) signature or the delivery or retention of non-electronic records to the extent such waiver is not prohibited by applicable law.

18. Governing Law & Dispute Resolution

All matters relating to the Website and these Terms, including any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Switzerland, without regard to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).

Any dispute, controversy, or claim arising out of, or in relation to, these Terms, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules.

The number of arbitrators shall be one, if the amount or value in dispute equivalent to CHF 20,000.00 or less. The number of arbitrators shall be three, if the amount or value in dispute is above CHF 20,000.00. If the amount or value in dispute cannot be quantified, the number of arbitrators shall always be three.

The seat of the arbitration shall be Zurich, Switzerland.

The arbitral proceedings shall be conducted in English.

The Expedited Procedure shall apply.

Notwithstanding the above, the you and us may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.

You agree that any dispute with us shall be resolved solely on an individual basis and not as a class action or any other representative proceeding. You agree that you cannot bring a claim as a class or representative action, nor on behalf of any other person or persons.

In the event of a dispute, you agree to maintain the confidentiality of all proceedings, including, but not limited to, any and all information gathered, prepared, and presented for the purposes of litigation or related to the dispute(s).

19. Entire Agreement & Severability

These Terms, along with any amendments or modifications made by AI BRAINVISUALS periodically, constitute the entire agreement between you and us regarding your access and use of the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue to be fully effective.

20. No Waiver

AI BRAINVISUALS’s failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision, any other provision, or these Terms as a whole in the future.

21. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms without the AI BRAINVISUALS’s prior written consent. Any attempt by you to do so will be void. AI BRAINVISUALS may assign its rights, licenses, and obligations under these Terms without any limitations and without prior consent.

Questions, comments and suggestions

If you have any questions, comments or suggestions, please contact us at info@ai-brainvisuals.com

Last updated: 01 May 2023