Last updated: 3 January 2024
These terms and conditions ("Terms") apply to the services as further outlined in Section 2 (together the "Services"), available on fluidkey.com and fkey.id, offered by Fluid Privacy SA, Corso San Gottardo 32, 6830 Chiasso, Switzerland ("Fluidkey", we).
To access or use the Services, you ("User", you) have to agree to and abide by these Terms. These Terms, together with all other referencing documents, form a legally binding agreement between Fluidkey and the User. If you do not agree to these Terms, you may not use or access the Services. The application of your general terms and conditions is excluded.
The Services will be accessible to the User in their then-current version and according to the Terms. You may need to register or create an account (“User Account”) to access and use all or part of the Services.
Accounts registered by bots or automated methods are not authorized and will be terminated.
You are responsible for maintaining the confidentiality and security of your User Account credentials. The User is responsible and liable for activities conducted through their User Account.
The User funds and access keys are self-custodial (i.e. only accessible by you).
The Services may enable you to interact with third parties (e.g. via blockchain) over which we have no control and responsibility, notably regarding the security of third-party services, their fees and risks associated with their use.
To access and use the Services, you must be at least 18 years old.
We will provide you with the Services as agreed in the Agreement.
We make the Services available to you and use reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs.
We regularly carry out maintenance or improvements to the Services and their infrastructure, but do not guarantee that the Services are error-free or that the Services will function without any interruption or disruption. You acknowledge that this may result in temporary delays and interruptions from time to time. Where reasonably possible, we will inform you about potential interruptions in advance.
We may subcontract third parties for all our obligations under these Terms and are liable to you for our subcontractors and ensure that subcontractors are bound to appropriate confidentiality and data protection obligations.
We are permitted and possibly required by law to suspend access to the Services or the User Account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity.
We may amend the Terms, including the applicable fees, from time to time at our sole discretion by publishing an updated version of the Terms on our websites. Where possible, we will electronically notify you of any material changes to the Terms. You should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. Your continued use of the Services following any amendments indicates acceptance of the changes to the Terms.
We constantly develop and improve the Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at our sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the User according to the Agreement, we will notify the Users that are directly affected by such changes, where reasonably possible.
We do not:
You agree to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where you are located.
You shall not:
You represent and warrant as of the date of the Agreement that:
You must pay the fees indicated on the Services via the payment methods made available by us.
All fees are payable after the outgoing transaction on the Services, and deducted automatically once the transaction is executed. If not explicitly stated otherwise, all fees are in USD and include VAT.
We may change their fees from time to time. Any price changes will apply no earlier than 30 days following notice to the User affected by the price change.
Except where prohibited by law, all fees are non-refundable.
The Agreement between the parties remains in full force and effect until its termination by either party.
Either party may terminate the Agreement at any time with immediate effect by text notice.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Services or any part of it remain vested in Fluidkey.
The Services may contain open-source components. Such components are subject to the respective license.
You acknowledge that the Services are provided "as is" and "as available", and we make no warranties or representations of any kind related to the Services or the information and materials contained thereon.
We are fully liable to the Users for damages resulting from our gross negligence or wilful misconduct.
Neither party shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) caused by circumstances beyond the parties’ reasonable control including, but not limited to, war, terrorism, strikes, lockouts, fires, floods, epidemics, government actions, criminal activity against Fluidkey or any other similar events (force majeure).
In all other cases, each party's liability under the Agreement is excluded to the maximum extent permitted under applicable law.
Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.
We will not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that you are hoping to achieve.
You bear the sole responsibility to determine if your use of the Services or any other action or transaction related to the Services has tax implications for you.
We treat your confidential information with adequate confidentiality standards and processes your personal information only as needed.
We collect and process personal data as described in our Privacy Policy available at fluidkey.com/privacy. We protect the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
You authorize us to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve our services or for analysis purposes.
By signing up for our email notification services, you agree that we may contact you and inform you about updates on the Services and new products from time to time. You can at any time unsubscribe from the contact list by sending an email to hey@fluidkey.com.
Entire Agreement: The Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.
Notices: Notices must be given in writing, including e-mail, and need to be communicated:
No assignment: You may not assign any of your rights, obligations, or claims under the Agreement without our previous consent.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Links: The Services may contain third-party content or links to third-party websites. We do not assume any responsibility for and do not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.
Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of Fluidkey has jurisdiction for the disputes arising from or in connection with the Terms.
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Fluid Privacy SA, 32 Corso San Gottardo, 6830 Chiasso, Switzerland
