Terms of Service

AI-BRAINVISUALS AG



GENERAL TERMS AND CONDITIONS (GTC)

These General Terms and Conditions ("Terms") govern your relationship with AI BRAINVISUALS AG, Eschen (FL), Branch Office Zürich, CHE-338.487.468 (“AI BRAINVISUALS”, "we", "us", "our"), in relation to the access and use of the METRADE App (“App”) provided by us. These Terms apply to all visitors, users, and others who access or use the App.

“You”, “your” and “User(s)” refers to anybody who accesses or uses the App in any way. If you are accessing or using the METRADE App 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 App.

1. Acceptance of the Terms

By downloading or using the METRADE App, you automatically agree to these Terms. Your access to and use of the METRADE App is conditioned on your acceptance of and compliance with these Terms. These Terms shall exclusively apply; 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 METRADE App.

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

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 App 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 App.

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

3. Accessing the App

We reserve the right to modify or discontinue the App, 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 App or its content. We will not be liable if all or any part of the App is unavailable at any time or for any duration. Periodically, we may limit access to certain sections of the App or the entire App for users.

You are responsible to:

• make all necessary arrangements to access the App; and

• ensure that anyone who accesses the App through your internet connection is aware of and complies with these Terms.

4. Account Security

To access the App or some of the resources it offers, you may be required to provide certain registration details or other information or create a personal user account. It is a condition of your use of the App that all information you provide is accurate, current, and complete. You agree that all information you provide to use the App, including any interactive features, is governed by our Privacy Policy, and you consent to all actions we take concerning your information that are consistent with this policy.

When entering personal information on the App from a public or shared computer, exercise particular caution to ensure that others cannot view or record your personal information.

5. Personal Restrictions

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

6. Local Restrictions

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

7. Prohibited Uses

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

• 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 App;

• to decompile, reverse engineer, disassemble, copy, store, or attempt to derive or decipher the source code of the APP, content, or services therein;

• to make any modifications, adaptations, enhancements, translations, copies or derivative works of the App, 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 App, content, or services therein;

• to use the App, 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 App, content, or services therein to create a product, service, or software that directly or indirectly competes with or in any way replaces the App;

• 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 App, 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 App, or which, as determined by us, may harm us or Users of the App or expose them to liability;

• to damage, disable, disrupt, overburden, or impair the functionality of the App in any manner;

• to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server(s) on which the App is stored, or any server, computer, or database connected to the App;

• to introduce any viruses, trojan horses, worms, logic bombs, malware, ransomware, spyware, or other malicious or technologically harmful material;

• to attack the App 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 App;

• to commercialize any application, code, or any information or software associated with such application and/or the App, without our prior consent;

• to upload, post, transmit, distribute, store, or otherwise make publicly available on the App 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 oursole judgment, is objectionable or misleading;

• to make the App, 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 App, 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 App, you agree to promptly notify us.

8. No Offer or Recommendation – non-binding Nature

You understand and acknowledge that all content available on the App 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 App 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 App 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 App 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 App 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.

9. Reliance on Information / No Sales Activity

The information on our App 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 App.

In particular, the information regarding one or more of our designated "product(s)" and “service(s)” on the App 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 App 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 App, but it may not always be complete or current. Any material on the App could be outdated at any time, and we are not obligated to update such material.

10. Definitions

For the purposes of these Terms:

• “Digital Assets” mean digital representations of value or rights that are transferred and stored electronically, including cryptocurrencies, tokens, and other digital forms of value that can be traded on Crypto Trading Platforms.

• “Crypto Trading Platform” means a digital platform that allows its users to trade Digital Assets and derivates thereof, such as Binance, Bitget, or Bybit.

• “Trading Account” means an account held by a user on a Crypto Trading Platform, which is connected to MET via API for the purposes of providing MET¨s services.

• “Strategy Provider” means an external entity or individual that offers Trading Strategies to users on Crypto Trading Platforms, which can be followed and replicated in users' Trading Accounts.

• “Trading Strategie” means approach to buying and selling Digital Assets and derivates thereof, including methods and techniques for executing trades.

• “API” (Application Programming Interface) means a set of protocols and tools that allows MET to connect with users' trading accounts on Crypto Trading Platforms, enabling the transfer of data for analysis and execution of trades.

11. License to use

If you access METRADE through a mobile or web application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use them.

You may use the App solely for your personal, non-commercial purposes. You are not permitted to use the App for any commercial or profit-making enterprise without our prior written consent.

We reserve the right to terminate or suspend your license to use the application at any time, with or without cause, and without prior notice. Upon termination, you must cease all use of the application and delete all copies from your devices.

12. Services Provided

The App offers a platform designed to facilitate access to exclusive trading strategies provided by Strategy Providers on various Crypto Trading Platforms. Specifically, the services provided by the App include:

• Access to exclusive Strategy Providers: The App enables Users to connect their Trading Accounts on supported Crypto Trading Platforms with exclusive Strategy Providers. This connection is established via API integration, allowing Users to view and follow The Trading Strategies of these Strategy Providers. The Strategy Providers are only visible to Users who have registered with the App and connected their trading accounts through the API.

• Comprehensive Portfolio Analysis and Real-Time Performance Monitoring: The App provides Users with portfolio analysis tools that aggregate data from connected Trading Accounts on various Crypto Trading Platforms. These tools enable Users to monitor and evaluate the performance of their trades and the effectiveness of the Trading Strategies they follow. The analysis includes performance metrics, charts, and detailed summaries of profit and loss. Additionally, Users have access to real-time data on the performance of their Trading Accounts through the App. This includes up-to-date information on ongoing trades, historical performance, and other relevant metrics.

It is important to note that all services facilitated by the App require an established and uninterrupted API connection to the Crypto Trading Platforms. The maintenance of the API connection is subject to the terms and conditions of the respective Crypto Trading Platforms. Any disruption in the API connection may result in interruptions or limitations in the services provided by the App. AI BRAINVISUALS AG cannot be held responsible for any service disruptions or limitations resulting from issues with the API connection or the operations of the Crypto Trading Platforms.

It is important to note that the App does not facilitate actual trading activities or provide access to Trading Strategies within the App itself. All trading activities, the provision of Trading Strategies, and their execution occur entirely on the external Crypto Trading Platforms, independent of the App's operations. The App's role is strictly limited to providing analytical tools and facilitating the access to Strategy Providerson Crypto Trading Platforms.

AI BRAINVISUALS ITSELF DOES NOT PROVIDE FINANCIAL, INVESTMENT, OR TRADING ADVICE. ALL DECISIONS MADE USING THE APP ARE THE SOLE RESPONSIBILITY OF THE USER. USERS SHOULD CONDUCT THEIR OWN DUE DILIGENCE AND SEEK PROFESSIONAL ADVICE BEFORE ENGAGING IN ANY TRADING ACTIVITIES. METRADE IS NOT LIABLE FOR ANY FINANCIAL LOSSES INCURRED AS A RESULT OF USING THE APP OR FOLLOWING THE TRADING STRATEGIES PROVIDED BY THE STRATEGY PROVIDERS.

AI BRAINVISUALS HAS NO INFLUENCE OVER THE ACTIONS OR DECISIONS OF THE STRATEGY PROVIDERS OR THE OPERATIONS OF THE CRYPTO TRADING PLATFORMS. THE APP'S FUNCTIONALITY IS LIMITED TO FACILITATING ACCESS TO THE STRATEGY PROVIDERS AND PROVIDING ANALYTICAL TOOLS FOR USERS. ALL TRADING ACTIVITIES ARE CONDUCTED ON THE CRYPTO TRADING PLATFORMS, AND METRADE DOES NOT HAVE THE CAPABILITY TO EXECUTE TRADES OR MANAGE USER ACCOUNTS DIRECTLY OR INDIRECTLY.

13. Fee Changes

In our sole discretion and at any time, we may change the Subscription Fees for any Subscription. Any change in the Subscription Fee will be effective at the end of the then-current billing period.

We will provide you with reasonable advance notice of any change in Subscription Fees to give you the opportunity to cancel your Subscription before such change becomes effective.

Your continued use of the Service after the change in the Subscription Fee constitutes your agreement to pay the revised amount of the Subscription Fee.

14. Intellectual Property

The entire content (text, graphics, images, etc.), features, functionality, and structure of the App 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 App 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 App, 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 App 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 App 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 App, 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 App does not authorize anyone to use any name, logo or mark in any manner whatsoever without our prior written approval.

15. User Representations 

By using the App, 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 Service through automated or non-human means, whether through a bot, script or otherwise; ​

• you will not use the App for any illegal or unauthorized purpose;

• your use of the Service will not violate any applicable law or regulation;

• you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.

• you confirm that the Trading Accounts connected to the App via API are personally owned by you and are not used on behalf of another person;

• you agree not to misuse the API connections provided by the App. Misuse includes, but is not limited to, any activity that disrupts the operations of Crypto Trading Platforms or violates their terms of service.

• you acknowledge that the App 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; and

• you understand that the App's functionality is limited to facilitating access to Strategy Providers and providing analytical tools, and that all trading activities are conducted on the external Crypto Trading Platforms.

16. Third Party Content and External Links

Our App 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 App 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 App or that relate to any applications you use or install from the App, 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 PARTYCONTENT 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 App or other techniques by which our App (or parts thereof) are integrated into third-party websites - in any form - are not permitted without our prior written approval.

17. Termination

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to the following:

• if you violate any of the Terms;

• If we are required to do so by law or a regulatory authority;

• if you engage in fraudulent or illegal activities;

• if you misuse the API connections or interfere with the operations of the Crypto Trading Platforms;

• if you provide false, incomplete, or misleading information during the registration process; and/or

• if you act in a manner that could harm the reputation or operations of AI BRAINVISUALS or its Users.

Upon termination of your account:

• your right to access and use the App will immediately cease.

• you must immediately cease all activities authorized by these Terms, including your use of any services; and

• you remain responsible for any obligations or liabilities incurred during your use of the App.

If you wish to terminate your account, you may do so at any time by:

• discontinuing the use of the METRADE App; or

• providing written notice to AI BRAINVISUALS via the contact information provided in the App or on our website.

Termination of your account does not relieve you of any obligations to pay any fees or charges accrued prior to the termination or limit any liability you may have incurred. All provisions of the Terms, which by their nature should survive termination, shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

AI BRAINVISUALS shall not be liable to you or any third party for any termination of your account or access to the App. Any termination under this section shall be at AI BRAINVISUALS’s sole discretion and without refund of any fees.

Upon termination, AI BRAINVISUALS reserves the right to delete all data associated with your account. However, AI BRAINVISUALS may retain certain data if required by law or for legitimate business purposes in compliance with our Privacy Policy.

18. Warranties Disclaimer

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

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP 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 APP 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 APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP 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 APP WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED; THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS.

TO THE EXTENT NOT PROHIBITED BY LAW, WE PROVIDE THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP "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 APP 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 APP OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

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

19. Limitation of Liability

THE CONTENT OF THE APP IS CREATED WITH THE UTMOST CARE, BUT WE DO NOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR TIMELINESS. THE APP 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 APP AT YOUR OWN RISK; ALL ASSOCIATED COSTS ARE YOUR RESPONSIBILITY.

Certain features of the App require the App 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 App 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 use our service.

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 APP, INCLUDING ITS ACCURACY AND COMPLETENESS, AND LINKING TO OR CONTENT FROM THIRD PARTIES; (2) ERRORS OR OMISSIONS ON THE APP; (3) ACCESS TO AND/OR USE OF THE APP AND/OR ANY EXTERNAL LINKS; (4) INABILITY TO ACCESS AND/OR USE THE APP 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 APP 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 APP, ANY EXTERNAL LINKS, ANY CONTENT ON THE APP OR SUCH EXTERNAL LINKS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP 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 APP WILL BE LIMITED TO ONE FIFTY THOUSEND SWISS FRANCS (CHF 50,000.00). 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.

20. 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.

21. 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 Switzerland, even if both yourself and us are located in Switzerland. 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.

22. 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 App, including any actions taken by you or any other person accessing the App through your account;

• 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 App with whom you have connected through the App, 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 App.

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 your account and these Terms.

23. 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.

24. Governing Law & Dispute Resolution

All matters relating to the App 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 inaccordance 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).

25. 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 App. 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.

26. 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 inthe future.

27. 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 support@metrade.io.

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