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Terms of Use
Last modified: September 7th, 2022
Acceptance of Terms
By accessing and using STFX or any iteration of its services, platforms, or applications, you agree to these Terms of Use and Privacy Policy.

THIS “TERMS OF USE” IS A LEGAL AGREEMENT BETWEEN YOU AND STFX AND GOVERNS YOUR USE OF STFX AND ITS SERVICES, PLATFORMS, AND APPLICATIONS. BY USING STFX, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE AND ANY OTHER RELATED TERMS AND CONDITIONS LOCATED ON STFX’S WEBSITE, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES.

In addition, when using STFX or its services, you shall be subject to any STFX guidelines, rules, or terms, which may be posted from time to time, but are not required to be posted to be binding to users. All such guidelines, rules or terms are hereby incorporated by reference into the Terms of Use.

In the event the terms of these Terms of Use conflict any other agreement between you and STFX, other agreement shall govern as to the conflicting terms. If you have any questions regarding these terms and conditions, please contact customer service.

By accessing the STFX Website and use of the Services, you agree to these Terms of Use and you acknowledge that you have read and understood these Terms of Use. If you do not agree with the terms and conditions in these Terms of Use, please exit the Website and discontinue any use of the Services.

Please note the following:
  • You agree that you will only use the Website and Services for lawful purposes, and pursuant to these Terms of Use and Privacy Policy.
  • You agree that you will only use the Website and Services if you do not reside within or are a citizen of the United States of America, Cuba, Iran, Syria, North Korea, Crimea and Sevastopol, Donetsk People’s Republic, Luhansk People’s Republic of Ukraine, Seychelles, Bermuda, Hong Kong Special Administrative Region of the People’s Republic of China, Japan, Ontario Canada and Quebec Canada. This means that if you are currently located in one of these jurisdictions, you are prohibited from opening an Account or using the STFX platform.
  • You agree that you will not use the Website and Services if you do not agree to be bound by these Terms of Use and Privacy Policy.
  • At various times in the future, we may revise these Terms of Use, and you agree that you will be bound by, and will comply with, any revised terms, as of the date of publication of any revision.
  • You agree that STFX may also offer other services that are governed by these or different terms of use.
Scope of Use

The services that STFX provides to you through its website https://STFX.io (the “Website”), and, together with tools to access the Ethereum-based protocol for short term decentralized on-chain asset management known as the “STFX” online app/platform, and related services (collectively, the “Services”) are subject to the following Terms of Use, regardless of what device is used to access the Services. STFX reserves the right to update these Terms of Use at any time without notice to you. The most current version of these Terms of Use can be reviewed on the Website. STFX shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, access, or use.

Modifications to Services

STFX may change or modify the Services at any time, without notice. STFX will use its best efforts to not materially reduce or eliminate any of the core functionalities of the Services, unless for scheduled maintenance or if we notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of maintenance or changes on our Twitter & Discord accounts.

STFX may change or modify the Service at any time. STFX shall make a reasonable effort to not materially diminish, reduce, or eliminate any of the core functionalities of the Service while undergoing a process to change or modify the Service; however, does not guarantee it will be able to preserve the Service during such a period.

License Grant from STFX

STFX hereby grants you a single, non-exclusive, non-transferable, and limited license, personal to you, to access and use the Service. This license grant is conditioned on your acceptance and adherence to these Terms of Use.

License Grant to STFX
Unless otherwise agreed upon by you and STFX, any communications or material of any kind that your e-mail, post, or otherwise transmit through the Service, including data, performance, graphs, charts, prices, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant to STFX a license to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the STFX website or elsewhere with no liability or obligation to you. STFX is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Use of the Services
You agree to use the Services for lawful purposes only, and solely in a manner consistent with the intent of STFX as described in these Terms of Use.
  • You agree that you will only use the Website and Services if you do not reside within or are a citizen of the United States of America, Cuba, Iran, Syria, North Korea, Crimea and Sevastopol, Donetsk People’s Republic, Luhansk People’s Republic of Ukraine, Seychelles, Bermuda, Hong Kong Special Administrative Region of the People’s Republic of China, Japan, Ontario Canada and Quebec Canada. This means that if you are currently located in one of these jurisdictions, you are prohibited from opening an Account or using the STFX platform.
  • You agree that you will not use the Website and Services if you do not agree to be bound by these Terms of Use and Privacy Policy.
  • You agree that while using the Service, You will not engage in any activities that are in violation of any applicable laws of any jurisdiction that applies. You further agree to not offer any interests, tokens, or equity in any fund owned or managed by You to a person who does not qualify to participate or purchase such interests, tokens, or equity in the applicable jurisdiction.
  • You agree that you will not: (i) use any electronic communication feature of the Services or any third-party electronic communication provider used by STFX for communication purposes, for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; (ii) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the Services for any commercial purpose not expressly approved by STFX in writing; (iv) use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • You agree you will not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another, advertise or offer to sell or buy any goods or services for any business purpose, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable, harvest or otherwise collect information about others, including email addresses, violate any applicable laws or regulations, create a false identity for the purpose of misleading others. You understand that any violation of these Terms of Use, including providing false or misleading information, can lead to your removal from the Services, and STFX maintains sole discretion over whether to remove you for such violation.
  • You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such use of the Services. The foregoing provisions of this section are for the benefit of STFX, its subsidiaries, affiliates, and agents (which term includes but is not limited to STFX’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  • STFX reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever, and you agree that STFX will not be liable to your or to any third party for any termination, suspension, or modification to your account.
  • STFX reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to the STFX may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials. Always use caution when giving out any personally identifiable information in any service. STFX does not control or endorse the third-party content, messages, or information found in the Services. STFX disclaims any liability regarding the Services, and any actions resulting from your participation in the Services. Managers and hosts are not authorized STFX spokespersons, and their views do not necessarily reflect those of STFX.
  • You may not license, sublicense, sell, lease, rent or otherwise make the Services available to any third-party.
  • You will only invest in a vault or other financial instrument offered through the Services after carefully reviewing and assessing the terms of the investment, including any related private placement memorandum, subscription agreement and organizational documents as well as any information provided through the Services. In connection with any such investment, you will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any investor is qualified to invest in the offering, and whether any investment complies with the terms of local law (whether the law of the REPUBLIC OF MARSHALL ISLANDS or of any foreign government with jurisdiction over you or any investor). You understand that you must retain your own professional counsel as is appropriate to protect your interests, including legal, tax, accounting and other advice.
User Account, Password, Private Key and Security

Electronic (including wired and wireless) communications through the Services may not be encrypted. You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.

You have the option to complete a registration process by providing STFX with current, complete, and accurate information as prompted by the applicable registration form. As part of this registration process you may be required to create a password and a username. If you wish to interact with the Services you will be required to connect a digital asset wallet and you represent that You have the requisite authority to connect the digital asset wallet to the Services. You are entirely responsible for maintaining the confidentiality of your digital asset wallet and password and account, if any. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify STFX immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD STFX LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR DIGITAL ASSET WALLET OR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by STFX or another party due to someone else using your digital asset wallet, account, or password. You may not use anyone else’s account at any time, without the permission of the account holder.

If you choose to invest in certain vaults through the Services, you authorize STFX and/or it’s representatives to collect any required information, representations, or supporting documentation and evidence as required by the vault in question, and disclose it in connection with our provision of the Services.

By agreeing to these Terms, you warrant that you are at least 18 years old. If you are under 18 years old, you may neither open an account with STFX, nor use the Services provided by STFX. If STFX is notified of the existence of an account for a person under 18 years old, STFX will, in its sole discretion, close that account.

Restrictions on Access

STFX AND ITS SERVICES ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”). MOREOVER, NO SERVICES ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW). ANY SUCH PERSON OR ENTITY LIVING IN OR HOLDING CITIZENSHIP FROM A RESTRICTED TERRITORY IS A “RESTRICTED PERSON” AND MAY NOT USE STFX AND ITS SERVICES. WE DO NOT MAKE EXCEPTIONS. IF YOU ARE A US PERSON, DO NOT ATTEMPT TO USE STFX. IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE STFX. ACCESSING STFX AND ITS SERVICES WHILE A US PERSON OR A RESTRICTED PERSON IS A MATERIAL BREACH OF THESE TERMS OF USE AND CONSTITUTES CONTRACTUAL FRAUD. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

Restricted territory includes: the United States of America, Cuba, Iran, Syria, North Korea, Crimea and Sevastopol, Donetsk People’s Republic, Luhansk People’s Republic of Ukraine, Seychelles, Bermuda, Hong Kong Special Administrative Region of the People’s Republic of China, Japan, Ontario Canada and Quebec Canada.

You also agree and affirmatively represent, by accessing and using SFTX’s services, that you are not (and are not associated with) an entity financially restricted by US agencies, you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the SDN list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury). You also agree and affirmatively represent, by accessing and using SFTX’s services, that you do not intend to transact with any restricted or sanctioned person or entity.

Lastly, you agree and affirmatively represent, that access to STFX and its services is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over STFX, you, the Site or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and (b) does not contribute to or facilitate any illegal activity.

Charges and Fees

There will be no subscription fee associate with use of these Services. However, managers of vaults which You place funds into will keep a portion of the return. Your use of the Services constitutes consent to this arrangement. Additionally, STFX will keep a portion of the total vault and/or the return, as compensation for providing the Services. Your use of the Services constitutes consent to this arrangement. These amounts that the manager and STFX keep are subject to change and SFTX reserves the right to alter these amounts in any way without your notification, approval, consent, or knowledge. You may also be granted limited-functionality or limited-access to certain features, capabilities, functions, or services offered through or by the Services by participating in a trial, demo, or beta test. In no way are you guaranteed access to any part of the Services by participating in any trial, demo, or beta test.

During the course of using the Service you may be required to pay fees to perform a transaction. You acknowledge and agree that STFX has no control over any transactions, the method of payment of any transactions, or any actual payments of such fees.

In addition to any payments or fees required to access certain features, capabilities, functions, or services offered through or by the Services (“Charge(s)”), you are responsible for paying all applicable taxes and for all third-party hardware, software, service and/or other costs you may incur in order to access or use the Services. Many third-party service providers, such as an Application Programming Interface (“API”) service providers, may charge additional fees for the use of such API which may be required for you to use the Services provided by STFX. STFX is not responsible for any payments or fees that you may be responsible for by these API third-party service providers, other than what is contained within the payments you make to STFX for the Services.

Uploaded Content

You are solely responsible for any content (e.g., questions or comments or any other information or data) you submit to the Website (“User Content”) or in connection to your use of the Services. To the extent you submit User Content to the Website, you grant to us and to all other users a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such User Content worldwide without restriction or compensation. Any User Content you contribute to the Website becomes public upon your submission of the information. User Content posted in the public areas of the Website may appear in public search results and may be accessed by everyone on the Internet, which you should take into consideration before submitting User Content to the public areas of the Website.

Monitoring

You acknowledge that we are under no personal obligation to you to monitor use of the Website, or the information contained in or transmitted through the Website, other than our monitoring of the Website or the information contained therein (a) to comply with applicable laws, regulations, or other government requests; or (b) for such other purposes as we deem appropriate. We reserve the right to modify, reject or eliminate any information contained in or transmitted through the Website that we believe is unacceptable or in violation of these Terms of Use. See our Privacy Policy for more information.

Third Party Service Providers

STFX’s Services include, but are not limited to, integrating services of third-party providers in connection with your use of the Services. We are not responsible for such services of these third-party providers. Our inclusion of such third-party providers should not be construed as an endorsement of the services offered by such third-party providers. You agree that your use of the Website to access or integrate a third-party provider’s services is at your own risk, and that you will review and comply with any terms of use or privacy policies that pertain to such third-party providers.

Disputes

You are solely responsible for your interaction with other Users on the Website. While we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, then you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such dispute.

No Investment Advice or Recommendations

The information provided on the STFX website does not constitute investment advice, financial advice, trading advice, or any other sort of information a User should rely on before making an investment decision. STFX is not responsible for conducting any due diligence on behalf of Users with respect to any investment funds, related offering materials, or underlying investment instruments available through the Services. Users should not treat the information contained on the STFX website as such. Users must conduct their own due diligence and research prior to placing funds in a vault.

Although STFX may provide information relating to potential investments and opportunities to buy or sell securities, you should not construe any market information, features, tools, or other content available through the STFX Service as legal, tax, investment, financial or other advice. Nothing contained in the STFX Service or any other content on the STFX website constitutes a solicitation, recommendation, endorsement, or offer by STFX to buy or sell any securities or other financial instruments. You understand that STFX is not the source of the market information, offering materials, or other such information and does not warrant its accuracy, and does not recommend or endorse any fund using the Services. You understand that the information available is to be used at Your own risk.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the STFX Service, the STFX website, or any related service before making any decisions based on market information or content. In exchange for using the STFX Service, you agree not to hold STFX, its agents liable for any possible claim for damages arising from any decision you make based on information made available to you through the STFX Service, the Website, or any related service.

Unless pursuant to a separate agreement with a particular fund offered through the Services, are not responsible for verifying that that any User is accredited, is qualified to invest in a particular or any, or otherwise authorized or appropriate to invest in you, or for determining whether any use of the Services constitutes a general solicitation of securities under the securities laws of the United States, or the laws of any state or other jurisdiction, including foreign jurisdictions.

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER STFX, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE COUNCIL MEMBERS, ADVISERS, DIRECTORS, CONTRACTORS, OR LICENSORS, WILL BE LIABLE FOR ANY USE OR MISUSE OF THE SERVICES, WHETHER THAT USE IS BY STFX, YOU, OR A THIRD PARTY. NEITHER STFX, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE BOTH (I) IMPLIED BY LAW AND (II) INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER LAWS APPLICABLE TO THESE TERMS OF USE.

WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, LOSS OF ACCESS, UNAVAILABILITY, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE SERVICES AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE THAT STFX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL STFX, ITS AFFILIATES, ANY OF THEIR RESPECTIVE COUNCIL MEMBERS, ADVISERS, DIRECTORS, CONTRACTORS, OR LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. IN ADDITION TO THE TERMS OF USE SET FORTH ABOVE, NEITHER STFX NOR ITS AFFILIATES, AGENTS, ADVISERS, INFORMATION PROVIDERS, CONTENT PARTNERS, OR THIRD-PARTY PROVIDERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. STFX SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

STFX RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE SERVICES AND THESE TERMS OF USE AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STFX DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING, THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SERVICES OR ON THE STFX WEBSITE. STFX PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. STFX EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE WEBSITE. STFX MAY CHANGE INFORMATION CONTAINED IN THE SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Indemnity

To the fullest extent permitted under applicable law, you agree to indemnify and hold STFX, its partners and affiliates, and each of their council members, advisers, agents and contractors, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your electronic communications, your User Content, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, your investment in any fund or other opportunity through the Services, or any violation of these Terms of Use or of any law, or the rights of any third party.

Governing Law; Arbitration

These Terms of Use constitute the entire agreement between You and STFX concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter hereof. Except to the extent applicable law provides otherwise, these Terms of Use and any access to or use of the STFX Service will be governed by the laws of the nation of Switzerland, without regard to the conflict of laws rules thereof. Any dispute, controversy, or claim arising out of, or in relation to, this contract, 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; the seat of the arbitration shall be Zurich (unless the parties mutually agree on a city in another country), and the arbitral proceedings shall be conducted in English. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief.

Limitation of Liability

IN NO EVENT SHALL STFX BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL STFX BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL STFX OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY STFX. STFX AND ITS AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD-PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF STFX AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD STFX RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.

Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of STFX and its agents, council members, distributors and other partners is limited to the greatest extent allowable under applicable law in those jurisdictions.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in these Terms of Use, or any portions thereof, are unenforceable for any reason, or that any of your remedies under these Terms of Use fail, then you expressly agree that under no circumstances will the total, aggregate liability of STFX and its agents, advisers, employees, distributors, or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed CHF 100, regardless of the form of action and whether in contract, statute, tort or otherwise.

GDPR Compliance Statement
SFTX is committed to ensuring the security and protection of the personal information that we hold and process in the regular course of our business. We strive to provide a compliant and consistent approach to data protection. STFX takes the privacy and security of individuals and their personal information very seriously. SFTX has created this GDPR Compliance Statement to explain our approach to implementing our GDPR Compliance Program. It describes the implementation of our data protection roles, policies, procedures, controls, and measures to ensure ongoing compliance with GDPR.

Our GDPR principles for data protection and processing:
  • STFX will process all personal information fairly and lawfully
  • SFTX will only process personal information for a specified and lawful purpose
  • STFX, where practical, will keep personal information up to date
  • SFTX will not keep personal information for longer than is necessary


Use of the STFX platform results in your consent to SFTX’s usage and storage of your personal data and information. SFTX will only use and store the personal information that you provide. SFTX will take every reasonable step to protect the information that you provide. More information is available in SFTX’s Privacy Policy.
Termination

STFX shall have the right to immediately terminate your account in the event of any conduct by you that STFX, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

Trademark Notice

The term STFX, along with any associated logos, are trademarks of STFX, all rights reserved. All other trademarks appearing on the STFX Website or within the Services are the property of their respective owners.

Miscellaneous

These Terms of Use constitute the entire agreement between each of you and STFX concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter hereof.