Terms of Use (“Terms”)
Last updated: April 03, 2025
1. DEFINITIONS
In the Terms, the following terms shall have the meaning set forth beside them:
“Affiliate” means, with respect to any person, any other
person directly or indirectly controlling, controlled by or under common control with such person.
“Ammer Card” means a non-custodial multi-asset hardware solution in the form of a physical smartcard with signing functionality that supports various blockchains.
“Ammer Wallet” means a software App that can be used as a stand-alone non-custodial software wallet that supports various digital assets and blockchains or that can interact with Ammer Card.
“App” means an application developed and owned by the Company, available for download through App Store (iTunes), Google Play or other application platforms (if applicable). This definition also may include the Desktop Version, when and
if applicable.
“Data” means any data or information contained in the Services, the Website and/or the App or the sources, or otherwise.
“Non-Custodial Wallet” means Ammer Wallet and Ammer Card “Prohibited Business” includes but is not limited to any product, service or business relating to money laundering, terrorism, homeland security or any other business that is illegal or is considered immoral in the jurisdictions where the User
or the Company and the Company’s Affiliates are located or provide services.
“User”, “your” or “you” means the person or persons using the Website and/or the Non-Custodial Wallets.
“Ammer Technologies”, “Ammer Tech”, “we”, “us”, “our” or “the Company” means Ammer Technologies AG, the company registered under the laws of Switzerland with registered number CHE-172.069.385, located at Grabenstrasse 27, 6340 Baar, Switzerland.
“Website” means https://ammer.tech, https://ammer.app, https://ammer.cards, https://ammer.cash owned and operated by the Company or its Affiliates.
2. THE SCOPE OF THESE TERMS
2.1. Ammer Wallet and Ammer Card are products built by Ammer Technologies. Ammer Technologies hosts a Website that serves information regarding Ammer Wallet and Ammer Card and our products and services. These Terms contain the terms and conditions that govern your access to and use of the Website and the Non-Custodial Wallets provided by us. Please read these Terms carefully before using our Website or the Non-Custodial Wallets.
2.2. Unless otherwise stated herein, these Terms govern your use of the Non-Custodial Wallet being a card or Apps that are not governed by any particular terms of use or terms and conditions (collectively, the “Particular Terms”).Any Particular Terms we promulgate will be available in our Apps or otherwise, depending on the context, and will be limited by the framework of the particular purpose and/or particular jurisdiction. We may add terms or policies to the Particular Terms at our sole discretion and may update each of the Particular Terms from time to time according to modification procedures set forth therein. To the extent of any conflict with these Terms, Particular Terms shall control with regard to any issues relating to the particular purpose and/or particular jurisdiction.
2.3. Restricted Persons may be prohibited or limited to partial use of the Non-Custodial Wallets, subject to the terms and conditions of the Particular Terms.
2.4. If you are using the Website and/or the Non-Custodial Wallets, these Terms, the Particular Terms (if applicable) together with the provisions of the Privacy Policy and other documents (as all are amended from time to time) which can be found on our Website and/or through the Apps constitute a legally binding contract between you and the Company.
3.ACCESS TO THE NON-CUSTODIAL WALLETS
3.1.These Terms apply to the use of Ammer Card provided to the User or Ammer Wallet downloaded by the User to its device.
3.2. The use of the Non-Custodial Wallets is subject to these Terms. If you have any objections to the Terms, do not use the Non-Custodial Wallets. Your access to and use of the Non-Custodial Wallets constitutes your acceptance of the Terms and any other legal notices and statements contained on the Website and/or the App. Your use of the Non-Custodial Wallets is governed by the version of the Terms in effect on the date a Non-Custodial Wallet is used by you. You are responsible for checking the respective page on our Website and/or the App periodically and regularly in order to review the current version of the Terms.
4. USER’S WARRANTIES
4.1. By accepting the Terms, you hereby represent and warrant to us that:
4.1.1. you are lawfully able to enter into contracts;
4.1.2. all information you have provided and will provide to us is true, complete, accurate and not misleading;
4.1.3. if you are a legal entity, you have the legal authority to bind that entity;
4.1.4. are of good repute and are not involved in any criminal misconduct;
4.1.5. your use of the Non-Custodial Wallet is and will be in full compliance with all applicable laws and regulations;
4.1.6. you will only transfer and store assets in the Non-Custodial Wallet that have been legitimately acquired;
4.1.7. you do not reside in a country or fall under a jurisdiction of a country where you are not allowed to use the Non-Custodial Wallet; you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties;
4.1.8. your use of the Non-Custodial Wallet will be consistent with these Terms and in accordance with all applicable laws or regulations,
4.1.9. you have obtained and are in possession of all licenses and permits as may be required by all applicable laws and regulations relevant to your use of the Non-Custodial Wallet;
4.1.10. you will not use the Non-Custodial Wallet in connection with any Prohibited Business;
4.2. You are wholly responsible for the security of your Ammer Card and the use of the Non-Custodial Wallet. We urge you to keep your pin or seed phrase secure.
4.3. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, databases, equipment, external software or any other resources as may be required and/or necessary for the use of the Non-Custodial Wallet (such as, computers, mobile devices, Internet connections and telecommunications). We do not and will not bear any liability for any cost, expense, loss or other damage you or your Users may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, databases, equipment or external software or any other resources as may be required in connection with the use of the Services.
5. PERMITTED USE
5.1. When accessing or using the Non-Custodial Wallet, you agree that you will not commit any unlawful acts, and that you are solely responsible for your conduct. Without limiting the generality of the foregoing, you agree that you will not:
5.1.1. use the Non-Custodial Wallet to pay for, support or otherwise engage in any illegal activities, including, but not limited to Prohibited Business;
5.1.2. introducet any virus, trojan, worms, logic bombs or other malware;
5.1.3. provide false, inaccurate or misleading information; or
5.1.4. encourage or induce any third party to engage in any of the activities prohibited under this Section 5.
6. SECURITY
You understand and agree that the Company is not a bank or a financial institution and that the Company neither stores the private keys to the Non-Custodial Wallet nor has otherwise access to the private keys and is not able to restore any private keys in the event of loss.
7. THIRD-PARTY CONTENT AND SERVICES
In using the Non-Custodial Wallets, you may view or have access to content, products or services provided by third parties (“Third-Party Content” and “Third-Party Services”). Third Party Content and Third Party Services are provided for your convenience only. We do not verify, control or approve any Third-Party Content or Third-Party Services and shall have no responsibility for Third-Party Content or Third-Party Services, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You understand that your use of Third-Party Content and Third-Party Services and your interaction with third parties is at your own risk and we are not responsible or liable for any loss or damage of any sort incurred as the result of such use or interaction.
8. DISCLAIMER OF WARRANTIES
8.1. THE NON-CUSTODIAL WALLETS ARE PROVIDED ON A STRICTLY “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. Your use of the Non-Custodial Wallets is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in the Non-Custodial Wallets for any purpose or about their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Non-Custodial Wallets will be free from errors, viruses or other harmful components, that communications to or from the Non-Custodial Wallets will be secure and not intercepted, that the Non-Custodial Wallets will be uninterrupted or that their content will be accurate, complete or timely.
8.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT DOWLOADED AMMER WALLET OR PURCHASED AMMER CARD IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
8.3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE NON-CUSTODIAL WALLETS MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD-PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE NON-CUSTODIAL WALLETS
8.4. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website and/or the App will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
8.5. TO THE FULLEST EXTENT PROVIDED BY LAW, 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, YOUR DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
8.6. YOUR USE OF THE WEBSITE, THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
9. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY
9.1. You acknowledge and agree that there are risks associated with using the Non-Custodial Wallets. BY USING THE WEBSITEAND THE NON-CUSTODIAL WALLETS, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
9.2. The Company is only liable for the obligations listed in this agreement, and the scope of the Company’s liability is limited to your actual economic losses that are reasonably foreseeable.
9.3. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE NON-CUSTODIAL WALLETS OR THE MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY’S LINKS AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES.
9.4.The User agrees to indemnify and defend the Company and its Affiliates and their respective directors, officers and personnel from and against all losses, costs, damages, expenses and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by the Company or its Affiliates arising out of or as a result of or relating in any manner to a claim relating to:
(a) the User’s breach of any representation, warranty or covenant in these Terms; or (b) any negligent act or omission of the User or its authorized representatives.
9.5. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. NO OFFER
Neither these Terms nor any other document or information publicly available on the Website and the App constitute an offer or solicitation to sell securities. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended. Accordingly, these Terms do not constitute investment advice or counsel or solicitation for investment in any security and shall not be construed in that way. These Terms do not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities. The Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this document, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.
11. NO ADVICE
11.1. The Company is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by the Company is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
11.2. The information presented on or through the Website and/or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or the App, or by anyone who may be informed of any of its contents.
11.3. The Website and/or the App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and to content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
12. FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding the Non-Custodial Wallets, that you provide, whether by email, posting through application platforms or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of the Company We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights over it; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights or of their right to privacy.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. Unless otherwise indicated by us, all copyright and other intellectual property rights over all content and other materials contained on Website and/or the App or provided in connection with the Non-Custodial Wallets, including, without limitation, the Company and its entire contents, features and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files and other files) and the selection and arrangement thereof are the proprietary property of the Company or our Affiliates, licensors, Users or suppliers and are protected by international copyright laws, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
13.2. “Ammer Technologies”, “Ammer Tech”, “Ammer Pay”, "Ammer Cards", the Company’s logo and any other Company’s product or service names, logos or slogans that may appear on our Services are subject to IP right protection and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Company without our prior written permission, including, without limitation, any messages or other "hidden text" utilizing any trademark, product or service name of the Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through the Non-Custodial Walletsare the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
14. PRIVACY POLICY & SECURITY
14.1. Please be guided our Privacy Policy.
14.2. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
15. MISCELLANEOUS
15.1. Entire Agreement. These Terms contain the entire Agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Non-Custodial Wallets. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company’s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
15.2. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
15.3. Severability. The invalidity or unenforceability of any particular provision of these Terms shall not affect the validity or enforceability of other provisions of these Terms, all of which shall remain in full force and effect.
15.4. Force Majeure Events. The Company and/or its Affiliates shall not be liable for (1) any inaccuracy, error, delay in or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
15.5. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
15.6. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
15.7. Language. This English language text of the Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications with existing and prospective customers, partners etc. In the course of such translation or communication some of the information contained herein may be lost, corrupted or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the Terms, the provisions of this English language original document shall prevail.
15.8. Third-Party Beneficiary. The Company and the User acknowledge and agree that Apple and Google Play, as well their subsidiaries, might be third-party beneficiaries of these Terms in the case of the App access, and Apple and Google Play will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User who uses the App as a third-party beneficiary thereof.
15.9. Applicable Law. These Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the laws of Switzerland.
15.10. Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved exclusively by the ordinary courts having jurisdiction in the city of Zug, Switzerland.
16. COMPANY DETAILS
Name: Ammer Technologies AG
Address: Grabenstrasse 27, 6340 Baar, Switzerland
Phone: +41 41 501 08 08
E-mail: info@ammer.tech
In the Terms, the following terms shall have the meaning set forth beside them:
“Affiliate” means, with respect to any person, any other
person directly or indirectly controlling, controlled by or under common control with such person.
“Ammer Card” means a non-custodial multi-asset hardware solution in the form of a physical smartcard with signing functionality that supports various blockchains.
“Ammer Wallet” means a software App that can be used as a stand-alone non-custodial software wallet that supports various digital assets and blockchains or that can interact with Ammer Card.
“App” means an application developed and owned by the Company, available for download through App Store (iTunes), Google Play or other application platforms (if applicable). This definition also may include the Desktop Version, when and
if applicable.
“Data” means any data or information contained in the Services, the Website and/or the App or the sources, or otherwise.
“Non-Custodial Wallet” means Ammer Wallet and Ammer Card “Prohibited Business” includes but is not limited to any product, service or business relating to money laundering, terrorism, homeland security or any other business that is illegal or is considered immoral in the jurisdictions where the User
or the Company and the Company’s Affiliates are located or provide services.
“User”, “your” or “you” means the person or persons using the Website and/or the Non-Custodial Wallets.
“Ammer Technologies”, “Ammer Tech”, “we”, “us”, “our” or “the Company” means Ammer Technologies AG, the company registered under the laws of Switzerland with registered number CHE-172.069.385, located at Grabenstrasse 27, 6340 Baar, Switzerland.
“Website” means https://ammer.tech, https://ammer.app, https://ammer.cards, https://ammer.cash owned and operated by the Company or its Affiliates.
2. THE SCOPE OF THESE TERMS
2.1. Ammer Wallet and Ammer Card are products built by Ammer Technologies. Ammer Technologies hosts a Website that serves information regarding Ammer Wallet and Ammer Card and our products and services. These Terms contain the terms and conditions that govern your access to and use of the Website and the Non-Custodial Wallets provided by us. Please read these Terms carefully before using our Website or the Non-Custodial Wallets.
2.2. Unless otherwise stated herein, these Terms govern your use of the Non-Custodial Wallet being a card or Apps that are not governed by any particular terms of use or terms and conditions (collectively, the “Particular Terms”).Any Particular Terms we promulgate will be available in our Apps or otherwise, depending on the context, and will be limited by the framework of the particular purpose and/or particular jurisdiction. We may add terms or policies to the Particular Terms at our sole discretion and may update each of the Particular Terms from time to time according to modification procedures set forth therein. To the extent of any conflict with these Terms, Particular Terms shall control with regard to any issues relating to the particular purpose and/or particular jurisdiction.
2.3. Restricted Persons may be prohibited or limited to partial use of the Non-Custodial Wallets, subject to the terms and conditions of the Particular Terms.
2.4. If you are using the Website and/or the Non-Custodial Wallets, these Terms, the Particular Terms (if applicable) together with the provisions of the Privacy Policy and other documents (as all are amended from time to time) which can be found on our Website and/or through the Apps constitute a legally binding contract between you and the Company.
3.ACCESS TO THE NON-CUSTODIAL WALLETS
3.1.These Terms apply to the use of Ammer Card provided to the User or Ammer Wallet downloaded by the User to its device.
3.2. The use of the Non-Custodial Wallets is subject to these Terms. If you have any objections to the Terms, do not use the Non-Custodial Wallets. Your access to and use of the Non-Custodial Wallets constitutes your acceptance of the Terms and any other legal notices and statements contained on the Website and/or the App. Your use of the Non-Custodial Wallets is governed by the version of the Terms in effect on the date a Non-Custodial Wallet is used by you. You are responsible for checking the respective page on our Website and/or the App periodically and regularly in order to review the current version of the Terms.
4. USER’S WARRANTIES
4.1. By accepting the Terms, you hereby represent and warrant to us that:
4.1.1. you are lawfully able to enter into contracts;
4.1.2. all information you have provided and will provide to us is true, complete, accurate and not misleading;
4.1.3. if you are a legal entity, you have the legal authority to bind that entity;
4.1.4. are of good repute and are not involved in any criminal misconduct;
4.1.5. your use of the Non-Custodial Wallet is and will be in full compliance with all applicable laws and regulations;
4.1.6. you will only transfer and store assets in the Non-Custodial Wallet that have been legitimately acquired;
4.1.7. you do not reside in a country or fall under a jurisdiction of a country where you are not allowed to use the Non-Custodial Wallet; you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties;
4.1.8. your use of the Non-Custodial Wallet will be consistent with these Terms and in accordance with all applicable laws or regulations,
4.1.9. you have obtained and are in possession of all licenses and permits as may be required by all applicable laws and regulations relevant to your use of the Non-Custodial Wallet;
4.1.10. you will not use the Non-Custodial Wallet in connection with any Prohibited Business;
4.2. You are wholly responsible for the security of your Ammer Card and the use of the Non-Custodial Wallet. We urge you to keep your pin or seed phrase secure.
4.3. You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, databases, equipment, external software or any other resources as may be required and/or necessary for the use of the Non-Custodial Wallet (such as, computers, mobile devices, Internet connections and telecommunications). We do not and will not bear any liability for any cost, expense, loss or other damage you or your Users may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, databases, equipment or external software or any other resources as may be required in connection with the use of the Services.
5. PERMITTED USE
5.1. When accessing or using the Non-Custodial Wallet, you agree that you will not commit any unlawful acts, and that you are solely responsible for your conduct. Without limiting the generality of the foregoing, you agree that you will not:
5.1.1. use the Non-Custodial Wallet to pay for, support or otherwise engage in any illegal activities, including, but not limited to Prohibited Business;
5.1.2. introducet any virus, trojan, worms, logic bombs or other malware;
5.1.3. provide false, inaccurate or misleading information; or
5.1.4. encourage or induce any third party to engage in any of the activities prohibited under this Section 5.
6. SECURITY
You understand and agree that the Company is not a bank or a financial institution and that the Company neither stores the private keys to the Non-Custodial Wallet nor has otherwise access to the private keys and is not able to restore any private keys in the event of loss.
7. THIRD-PARTY CONTENT AND SERVICES
In using the Non-Custodial Wallets, you may view or have access to content, products or services provided by third parties (“Third-Party Content” and “Third-Party Services”). Third Party Content and Third Party Services are provided for your convenience only. We do not verify, control or approve any Third-Party Content or Third-Party Services and shall have no responsibility for Third-Party Content or Third-Party Services, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You understand that your use of Third-Party Content and Third-Party Services and your interaction with third parties is at your own risk and we are not responsible or liable for any loss or damage of any sort incurred as the result of such use or interaction.
8. DISCLAIMER OF WARRANTIES
8.1. THE NON-CUSTODIAL WALLETS ARE PROVIDED ON A STRICTLY “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. Your use of the Non-Custodial Wallets is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in the Non-Custodial Wallets for any purpose or about their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Non-Custodial Wallets will be free from errors, viruses or other harmful components, that communications to or from the Non-Custodial Wallets will be secure and not intercepted, that the Non-Custodial Wallets will be uninterrupted or that their content will be accurate, complete or timely.
8.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT DOWLOADED AMMER WALLET OR PURCHASED AMMER CARD IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.
8.3. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE NON-CUSTODIAL WALLETS MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD-PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE NON-CUSTODIAL WALLETS
8.4. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website and/or the App will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
8.5. TO THE FULLEST EXTENT PROVIDED BY LAW, 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, YOUR DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
8.6. YOUR USE OF THE WEBSITE, THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
9. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY
9.1. You acknowledge and agree that there are risks associated with using the Non-Custodial Wallets. BY USING THE WEBSITEAND THE NON-CUSTODIAL WALLETS, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
9.2. The Company is only liable for the obligations listed in this agreement, and the scope of the Company’s liability is limited to your actual economic losses that are reasonably foreseeable.
9.3. IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE NON-CUSTODIAL WALLETS OR THE MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY’S LINKS AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES.
9.4.The User agrees to indemnify and defend the Company and its Affiliates and their respective directors, officers and personnel from and against all losses, costs, damages, expenses and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by the Company or its Affiliates arising out of or as a result of or relating in any manner to a claim relating to:
(a) the User’s breach of any representation, warranty or covenant in these Terms; or (b) any negligent act or omission of the User or its authorized representatives.
9.5. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. NO OFFER
Neither these Terms nor any other document or information publicly available on the Website and the App constitute an offer or solicitation to sell securities. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended. Accordingly, these Terms do not constitute investment advice or counsel or solicitation for investment in any security and shall not be construed in that way. These Terms do not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities. The Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this document, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.
11. NO ADVICE
11.1. The Company is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by the Company is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
11.2. The information presented on or through the Website and/or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or the App, or by anyone who may be informed of any of its contents.
11.3. The Website and/or the App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and to content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
12. FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding the Non-Custodial Wallets, that you provide, whether by email, posting through application platforms or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of the Company We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights over it; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights or of their right to privacy.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. Unless otherwise indicated by us, all copyright and other intellectual property rights over all content and other materials contained on Website and/or the App or provided in connection with the Non-Custodial Wallets, including, without limitation, the Company and its entire contents, features and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files and other files) and the selection and arrangement thereof are the proprietary property of the Company or our Affiliates, licensors, Users or suppliers and are protected by international copyright laws, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
13.2. “Ammer Technologies”, “Ammer Tech”, “Ammer Pay”, "Ammer Cards", the Company’s logo and any other Company’s product or service names, logos or slogans that may appear on our Services are subject to IP right protection and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Company without our prior written permission, including, without limitation, any messages or other "hidden text" utilizing any trademark, product or service name of the Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through the Non-Custodial Walletsare the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
14. PRIVACY POLICY & SECURITY
14.1. Please be guided our Privacy Policy.
14.2. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
15. MISCELLANEOUS
15.1. Entire Agreement. These Terms contain the entire Agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Non-Custodial Wallets. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company’s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
15.2. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
15.3. Severability. The invalidity or unenforceability of any particular provision of these Terms shall not affect the validity or enforceability of other provisions of these Terms, all of which shall remain in full force and effect.
15.4. Force Majeure Events. The Company and/or its Affiliates shall not be liable for (1) any inaccuracy, error, delay in or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
15.5. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
15.6. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
15.7. Language. This English language text of the Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications with existing and prospective customers, partners etc. In the course of such translation or communication some of the information contained herein may be lost, corrupted or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the Terms, the provisions of this English language original document shall prevail.
15.8. Third-Party Beneficiary. The Company and the User acknowledge and agree that Apple and Google Play, as well their subsidiaries, might be third-party beneficiaries of these Terms in the case of the App access, and Apple and Google Play will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User who uses the App as a third-party beneficiary thereof.
15.9. Applicable Law. These Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the laws of Switzerland.
15.10. Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved exclusively by the ordinary courts having jurisdiction in the city of Zug, Switzerland.
16. COMPANY DETAILS
Name: Ammer Technologies AG
Address: Grabenstrasse 27, 6340 Baar, Switzerland
Phone: +41 41 501 08 08
E-mail: info@ammer.tech