Terms & Conditions

1.1. These Terms govern your (“User”, “you”) access to and use of the MC² Finance Portal, including all related web, API, analytical, portfolio, and community features.
1.2. By accessing or using the Portal, you confirm that you have read, understood and accepted these Terms, which constitute a legally binding agreement. If you do not accept these Terms, you must refrain from accessing or using the Portal.

2.1. The Portal is a non-custodial, decentralized software service providing tools for analysis, management, and execution of digital asset transactions and related analytics.
2.2. MC2Fi AG does NOT offer through the Portal:* Investment advice, asset management, brokerage, custody, or any regulated financial or payment services.* Any offer or solicitation to buy or sell any securities, financial instruments, or regulated products.
2.3. MC2Fi AG is NOT subject to supervision by the Swiss Financial Market Supervisory Authority (FINMA) or any comparable foreign regulator for the operation of the Portal.

3.1. You may only access and use this Portal if you:
* Are at least 18 years of age or the age of legal majority in your jurisdiction.
* Have full legal capacity and authority to enter into these Terms.
3.2. You must NOT access or use the Portal if:
* You are a resident or citizen of any jurisdiction subject to comprehensive sanctions, embargoes, or restrictions under the laws of Switzerland, the European Union, or the United States.
* You are on the U.S. Department of Treasury’s OFAC Sanctions List or similar Swiss/EU lists.
* You are a “U.S. Person” as defined under Regulation S of the U.S. Securities Act. The Portal is NOT intended for the use of U.S. Persons.
3.3. You are solely responsible for understanding and complying with the laws and regulations applicable to you.

4.1. To use parts of the Portal, you may be required to connect a self-custody digital wallet.
4.2. MC2Fi AG processes personal data in compliance with the Swiss Federal Act on Data Protection (FADP).
Further information can be found in our Privacy Policy.

5.1. As a User, you undertake:
* To use the Portal only as permitted by applicable law and these Terms.
* Not to access or use the Portal for any illicit, fraudulent, or otherwise prohibited activity.
* Not to interfere with the security or functionality of the Portal.
5.2. You are solely responsible for the security of your digital wallets and private keys.
MC2Fi AG cannot assist with the recovery of lost funds.

6.1. The Portal is strictly non-custodial: MC2Fi AG never holds, accesses, or controls Users’ funds or private keys.
6.2. The Portal interoperates with third-party services.
MC2Fi AG makes no warranty and assumes no liability for the acts or omissions of such third parties.

7.1. Digital assets are volatile and high-risk. You acknowledge and accept the risks of sudden value loss, technical failures, smart contract bugs, forks or changes to underlying blockchain protocols, regulatory developments, and more.
Use of the Portal is entirely at your own risk.

8.1. This section governs the informational content on the Platform related to our ETPs.
8.2. Our ETPs are regulated financial instruments listed on the SIX Swiss Exchange. They are issued by a dedicated, bankruptcy-remote Swiss Special Purpose Vehicle (SPV) and are separate and distinct from the non-custodial Portal.
8.3. The purchase and sale of ETPs occur through regulated brokers and are subject to the rules of the SIX Swiss Exchange and the investor's jurisdiction.

9.1. Information provided on the Platform regarding ETPs is for informational purposes only and does not constitute financial advice, an offer to sell, or a solicitation of an offer to buy any security.
9.2. All investment decisions related to the ETPs are solely your responsibility. You should consult with a qualified financial advisor before making any investment.

10.1. The legally binding documents for any ETP are the official Prospectus and the Key Information Document (KID).
10.2. In case of any discrepancy, the information in the official Prospectus and KID shall prevail over any information presented on the Platform or in marketing materials.

11.1. Investing in ETPs involves significant risks, including but not limited to:
* Market Risk: The value of the ETP can fluctuate based on the price of the underlying digital assets.
* Counterparty Risk: While the SPV structure is designed to be bankruptcy-remote, there is risk associated with the issuer and other service providers.
* Underlying Strategy Risk: The DeFi strategies that generate yield for the ETPs are subject to risks such as smart contract vulnerabilities, slashing penalties, and protocol failures.
11.2. A comprehensive overview of the risks is provided in the official Prospectus for each ETP.

12.1. This section applies to partners engaging MC2Fi AG for ETP structuring and listing services.
12.2. No Guarantee of Listing or Continued Operation: You acknowledge that the listing of a DeFi ETP is subject to significant regulatory risks and approvals from third parties, including the SIX Swiss Exchange. MC2Fi AG provides no guarantee that any proposed ETP will be successfully listed. Furthermore, listed ETPs may be delisted or cease to operate due to market conditions, regulatory changes, or other factors.
12.3. Non-Refundability of Fees: All fees paid to MC2Fi AG for structuring, feasibility, and related services are non-refundable, regardless of the outcome of the listing process, unless explicitly stated otherwise in a separate written agreement (such as the partial refund of the Feasibility Contribution Fee).

13. Intellectual Property
‍13.1. MC2Fi AG retains all rights, title, and interest in and to the Platform and its content, including all copyrights, trademarks, and other intellectual property rights.
13.2. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes, subject to these Terms.

‍14. Termination
‍14.1. You may terminate this agreement at any time by ceasing all use of the Platform.
14.2. MC2Fi AG reserves the right to suspend or terminate your access to the Platform at our sole discretion, without notice, for any reason, including for any breach of these Terms.

‍15. No Warranties / Limitation of Liability
‍15.1. The Platform and all related information are provided strictly “as is” and “as available,” without warranty of any kind.
15.2. To the maximum extent permitted by law, MC2Fi AG and its affiliates accept no liability for any direct, indirect, or consequential loss or damages suffered by you in connection with the Platform or any ETPs, including lost profits or lost funds.
15.3. Nothing in these Terms limits our liability for wilful misconduct or gross negligence under Swiss law.

‍16. Indemnification
‍You agree to fully indemnify and hold harmless MC2Fi AG, its directors, and employees against all claims or expenses arising from your breach of these Terms or your violation of any law.

‍17. Force Majeure
‍MC2Fi AG shall not be liable for any failure or delay in performance resulting from any cause beyond our reasonable control, including but not limited to acts of God, war, or major network or infrastructure failures.

‍18. Amendments and Updates
‍MC2Fi AG reserves the right to amend these Terms at any time. Updated Terms take effect upon publication on the Platform.

‍19. Governing Law and Dispute Resolution
‍19.1. These Terms are governed by the substantive laws of Switzerland.
19.2. The exclusive place of jurisdiction for all disputes shall be the courts of Zug, Switzerland.
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‍20. Severability
‍If any part of these Terms is determined to be invalid, the remaining provisions will remain in effect.

‍21. Entire Agreement
‍These Terms, together with any referenced policies, constitute the entire agreement between you and MC2Fi AG.