1. Scope of application
b. If the app is directed at companies or public bodies, the respective company or body is represented by the user and must be accountable for his actions and knowledge.
a. Bitfineon holds certain information in the app for you to access. Furthermore, all features of the previous desktops wallet are available in an optimized form.
b. Bitfineon is entitled to stop the operation of the application in whole or in part at any time. Due to the nature of the Internet and computer systems, Bitfineon cannot guarantee the uninterrupted availability of the application.
3. Registration, password
The use of the application requires the registers with a user name and password of your choice.
4. Rights of use on information, software and documentation
a. The use of the information, software and documentation available on the application is subject to these conditions or, in the case of updates of information, software or documentation, to the relevant license conditions previously agreed with Bitfineon. Separately agreed license conditions, e.g. when downloading software, take precedence over these conditions.
b. Bitfineon grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided in the application to the extent agreed or, if nothing has been agreed, in accordance with the purpose pursued by Bitfineon in making it available.
c. Neither information, software nor documentation may be distributed, rented or otherwise made available by the user to third parties at any time.
d. The information, software and documentation are protected by copyright laws as well as international copyright treaties and other laws and agreements on intellectual property. The user will observe these rights.
5. Intellectual property
b. Except for the rights of use or other rights expressly granted herein, the user is not granted any further rights of any kind, in particular to the company name and to industrial property rights, such as patents, utility models, logos, designations or trademarks, nor does ALQO/Bitfineon have a corresponding obligation to grant such rights.
c. If the user passes on ideas and suggestions to the ALQO/Bitfineon developers, the developers may use them free of charge for the development, improvement and distribution of the products.
6. Obligations of the user
a. When using the app, the user may not:
- offend against public decency in his conduct of use;
- violate industrial property rights, copyrights, personal rights, property rights or other rights of third parties;
- transmit content with viruses or other programming that can damage software;
- enter, store or send hyperlinks or contents to which he is not authorised, in particular if these hyperlinks or contents violate confidentiality obligations or are illegal; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or request participation in lotteries, snowball systems, chain letters, pyramid games and similar actions.
b. Bitfineon shall block access to the app at any time, in particular if the user violates his obligations under these terms and conditions.
The app may contain hyperlinks to our own websites or those of third parties. Bitfineon does not assume any responsibility for the contents of these third party websites nor does Bitfineon makes these websites and their contents its own, as Bitfineon does not control the linked information of third party providers and is also not responsible for the contents and information provided there. Their use is at the user's own risk.
8. Liability for legal and material defects
a. If information, software or documentation is provided free of charge, liability for defects of quality and title of the information, software and documentation, in particular for their correctness, freedom from errors, freedom from third-party industrial property rights and copyrights, completeness and/or usability - except in cases of intent or fraudulent intent - is excluded.
b. The information in the app may contain specifications or general descriptions of technical possibilities of products which may not always be available in individual cases (e.g. due to product changes).
9. Other liability, viruses
b. Although Bitfineon makes every effort to keep the app virus-free, Bitfineon cannot guarantees that it is virus-free. Before downloading information, software and documentation, the user shall ensure appropriate security measures and virus scanners for his own protection and to prevent viruses on the app.
c. A change in the burden of proof to the User's disadvantage is not associated with the above provisions in Sections 9.1 and 9.2.
10. Loss of the mobile device or loss of ALQO Coins
a. You are obliged to ensure that no third party obtains the user ID and password. Bitfineon assumes no liability for damages resulting from a violation of the above duties of care.
b. Transactions, trading and speculation with ALQO Coins are at your own risk. Bitfineon is only liable within the scope of the points mentioned above. Lost, burnt or stolen coins will not be replaced.
11. Data protection
Bitfineon is very concerned about data protection. Please read the detailed data protection declaration and the corresponding consent below. Personal data are transmitted or made available with the app. To this end, please declare your agreement that the transmitted information may be used in accordance with the data protection regulations.
12. Subsidiary Agreements, Place of Jurisdiction, Applicable Law
a. Subsidiary agreements must be made in writing.
b. If the user is a merchant, the place of jurisdiction shall be Heidelberg (Germany).
c. Bitfineon GmbH is responsible for the app. Bitfineon assumes no responsibility that information, software and/or documentation may be retrieved or downloaded from the app at any location. If users from outside Switzerland access the app, they are exclusively responsible for compliance with the relevant regulations under the respective national law. Access to information, software and/or documentation on the app from countries where such access is illegal is not permitted.
d. Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13. Severability Clause
Should individual provisions of this contract be wholly or partially invalid or void or become wholly or partially invalid or void as a result of changes in the legal situation or by supreme court rulings or in any other way, or should this contract show gaps, the parties agree that the remaining provisions of this contract shall remain unaffected and valid. In this case, the contracting parties undertake to agree on an effective provision, taking into account the principle of good faith, in place of the ineffective provision, which comes as close as possible to the meaning and purpose of the ineffective provision and which is deemed to have been agreed by the parties at the time of conclusion of the contract if they had known or foreseen the ineffectiveness or invalidity. The same applies if this contract should contain a gap.