Terms of Use

1. Definitions

In the Terms of Use, the following capitalized terms shall have the following meanings:

Content: any software, work, service, process, layout, design, technology, trademark, logo, business name, invention, description, image, sound, music, video, information and any other content available on the Website.

Privacy Notice: our notice on privacy and personal data available here, as amended from time to time. 

Product Specialist User: user of the Website logged-in through a Product Specialist User Account.

Registered User: user of the Website logged-in through a Registered User Account.

Supplier: person or legal entity having entered into a Supplier Agreement.

Supplier Agreement: agreement entered into with ÜTI for the provision of solutions on the Website.

Terms of Use: the present terms of use, as amended from time to time.

ÜTI: ÜTI Collective SA, being incorporated), a company incorporated under Swiss laws in Geneva, Switzerland.

Website: the website uti.io and all websites, web domains and sub-domains, as well as the mobile app ÜTI managed by ÜTI.

2. Our Services

Through our Website, we facilitate the connection of professional investors with Product Specialist Users by simplifying the search and request of solutions provided by Suppliers. Any product provided, or services performed, by a Supplier to a Registered User shall be subject to an agreement binding exclusively on the Supplier and the Registered User concerned, under their full responsibility. 

A more detailed description of the services on the Website is available in the Content.

The provision of other products and services offered by ÜTI are subject to the conclusion of a separate agreement with ÜTI.

3. Notice on Privacy and Personal Data

Within the framework of the collection and processing of personal data, ÜTI is subject to applicable legal standards on data protection. For more information, please consult our Privacy Notice.

4. Access to the Website

To access certain parts of the Website, you do not need any user account or to pay any fee. An Internet connection is however required and you are responsible for any necessary equipment to connect to the Internet. 

Access to other parts of the Website is reserved to Registered Users and/or Product Specialist Users with a valid user account.

5. Registration

To access reserved parts of the Website, you must register beforehand either as a Registered User or as a Supplier. 

When you register, you must subscribe to a user account by providing us with an e-mail address and certain other information (the Access Data). You are solely responsible for maintaining the confidentiality of your Access Data, as well as for all activities related to your account. 

You agree to immediately notify us of any unauthorized use of your account or any other security breach. You also undertake to log out at the end of each session.

You represent and warrant that your Access Data is true, accurate, up-to-date and complete. We decline any responsibility in connection with your Access Data. If you provide us with false, inaccurate, outdated or incomplete Access Data, or if we have reasonable grounds to suspect that this may be the case, we reserve the right to suspend or delete your account, as well as to refuse your access, present or future, to all or part of our services. 

By registering an account, you certify that you are over 18 years of age or of legal age in your country of residence if such age exceeds 18. It is your sole responsibility to check whether your use of the Website is compatible with the laws and standards applicable to you, it being specified that any use of our Website that would be contrary to applicable laws and standards is strictly prohibited. 

6. Obligations of Registered Users

In order to access and use the parts of the Website reserved to Registered Users, you shall create a personal account (the Registered User Account) and be logged-in to such Registered User Account. To create a Registered User Account, you must: 

1. be qualified as qualified investor pursuant to Swiss regulations;
2. be domiciled in Switzerland;
3. have paid the fees for the subscription of your Registered User Account (the Fees), as specified on the Website; and
4. provide the information required during registration. 

You acknowledge that the Fees are non-refundable and are exclusive of all taxes (in particular, VAT) if and as applicable.

The continued use of your Registered User Account is subject to the timely payment of all Fees. ÜTI may temporarily stop access to your Registered User Account, if you are in default for payment of the Fees due.

Additional modules may be available on the Website 

7. Obligations of Product Specialist Users

In order to access and use the parts of the Website reserved to Product Specialist Users, you shall create a personal account (the Product Specialist User Account) and be logged-in to such Product Specialist User Account. To create a Product Specialist User Account, you must: 

1. be authorized by a Supplier to access the Website as a Product Specialist User; 
2. be authorized to provide investment advisory and consulting services in Switzerland; 
3. have received and use initial credentials for registration of the Product Specialist User Account; and
4. provide the information required during registration. 

The obligations of the Supplier pursuant to the Supplier Agreement shall apply mutatis mutandis to the Product Specialist Users when accessing and using the Website. In case of discrepancy between the terms of the Supplier Agreement and the terms of the Terms of Use, the terms of the Supplier Agreement shall prevail.

8. Modules

Additional modules may be available to Registered Users and/or to Product Specialist Users from time to time on the Website (the Modules). Access to, and availability of, the Modules may be subject to the payment of an additional fee to ÜTI and/or acceptance of additional terms and conditions.

9. Accuracy, Completeness and Timeliness of the Information 

We make reasonable efforts to ensure that the information on the Website is exact and complete. Should this not be the case, we would nevertheless reject all responsibility resulting thereof. You acknowledge that any reliance upon such information shall be at your sole risk. You agree that it is your responsibility to keep yourself informed of any changes made to the Website. Any liability on our part in this respect is excluded.

It is your responsibility to obtain information from competent authorities regarding any restrictions on the use of the products available on the Website.

10. Intellectual Property Rights

Copyrights and other intellectual property rights on the Content are the property of ÜTI or used with the permission of the concerned owner. You are authorized to navigate on the Website and to reproduce excerpts thereof, by print or download on a hard disk, for yourself or your close relatives, provided that the rights of the author and other symbols of intellectual property ownership remain intact. No reproduction of any part of the Website may be sold or distributed for commercial purposes, amended, or incorporated to another work, publication or website. 

ÜTI and, as the case may be, its partners, shall remain owners of all rights on the Content, which is protected by copyright, design law, trademark law or patents and by all other intellectual property or industrial property law applicable. 

No part of the Website is intended or may be construed as giving you a licence or a right of use on the Content. Subject to express exceptions as foreseen by these Terms of Use, any use of the Content by you is strictly forbidden.

11. User Content

Our Website might allow you to submit content aimed at other users (User Content). 

You remain the owner of your User Content. Nevertheless and to the fullest extent permitted by applicable law, by submitting User Content through our Website, you grant us an unlimited in time (even after you stop using our Website), irrevocable, worldwide, non-exclusive, free of charge, sublicensable and transferable license to use, store, reproduce, transfer, modify (including creating derivative works or translations), communicate, publish, publicly perform and display and/or distribute the User Content that you have submitted, this for the sole purpose of providing our Website. Furthermore, if you decide to share all or part of your User Content with other users of our Website, you authorize them to access, use and store such shared content, according to your sharing options. 

You guarantee that (i) you have all the rights and authorization to grant the licenses to us or other users as mentioned above, and (ii) the content you submit does not breach any norm, contractual obligation or third-party rights, especially intellectual property rights. 

You understand that you are solely responsible for your User Content. We do not pre-approve or control User Content. Therefore, we are not in a position to give any guarantee whatsoever related to User Content, in particular with regard to its accuracy, morality, legality or relevance. Any reliance upon any User Content shall be at your sole risk. We assume no liability for the User Content and the different opinions that may be included therein. Without prejudice to the foregoing, we may remove from our services any User Content that, in our opinion, would be inadequate.

12. Links to Other Websites

Links on the Website may lead you on separate networks or systems from our networks and systems, including to the websites of our partners. ÜTI declines all liability over the content, accurateness or the functioning of such third-party websites. Such links are provided in all good faith and ÜTI may not be held liable for the contents of the third-party websites to which links are offered. The offering of links to other websites does not imply any approval on the part of ÜTI. We recommend that you carefully read the legal terms and the privacy policy of all websites that you visit.

13. Processing of communication - Security of emails

Any communication sent to ÜTI, a Registered User or a Product Specialist User by Internet (including through the Website) shall not be considered as confidential. When you communicate with ÜTI, a Registered User or a Product Specialist User through the Website or by email, you must take into account the fact that communications on the Internet are usually not protected. Therefore, by sending important or confidential messages in a non-encoded form, you accept the risks of such uncertainty and of the potential lack of confidentiality of the Internet.

14. Disclaimer of Warranties

The use of this Website shall be at your own risks.

This Website is offered to you on a "as is" and "as available" basis. Therefore, ÜTI makes no warranty. In particular, we do not warrant that (i) the Website and the services provided by it meet your requirements; (ii) the Website and the Content are complete, correct, accurate, reliable, updated and that they do not infringe third party rights; (iii) access to the Website will not be interrupted or result in an error or that it is without virus; (iv) defects will be rectified; (v) the Website is secure; or (vi) any advice or opinion originating from this Website is accurate or reliable. 

The Website may also contain information or documents regarding products or services that are not available to everyone. Despite the fact that ÜTI strives to distribute its products and services as widely as possible, the reference to a product or service does not imply that it is or will be available to you.

We are not involved in the provision of products or services provided by Suppliers and Product Specialist Users, or transactions entered into between Registered Users and Suppliers. In the event of a dispute between Registered Users and Suppliers or Product Specialist Users, you acknowledge that any liability of ÜTI is excluded. 

Nothing in the Terms of Use or your use of the Website shall create any agency, partnership, representation or employment relationship between ÜTI, the Registered Users, the Suppliers and the Product Specialist Users.

Any information on the Website is subject to modification or deletion without notice. 

15. Disclaimer of Liability

To the extent allowed by law, any liability of ÜTI, of its organs, of its delegates and of its agents that may result from your access or use of the Website is excluded entirely.

As a precondition to your use of the Website, you undertake to indemnify ÜTI or any organ, delegate, agent thereof, for any damages (including court and lawyer fees), which may result from your access or use of the Website.

16. Forbidden Activities

We use our best efforts to provide you with a positive and interesting experience while using our Website. In such a perspective, we reserve the right, at our own discretion, without prior notice and without stating the reasons, to forbid (in particular by limiting/forbidding/suppressing the access of a user to our Website or by deleting all or part of his/her/its User Content) any act that might turn out to be, in our opinion, notably inappropriate, offensive, unrelated to the Website or contrary to the Terms of Use, the applicable law and/or the morality. 

In particular, you shall not: (a) publish information of a third party, without his/her/its prior approval; (b) publish or transmit through our Website any unsolicited mailings or commercial proposals; (c) impersonate any person or entity (such as using another person's username, password, name, voice or photograph); (d) publish any content which might be, in our opinion, disturbing, defamatory, racist, obscene, violent, threatening, pornographic or otherwise unlawful, immoral, contrary to third-party rights and/or any content we may deem inappropriate; (e) publish any content that may be harmful to our security system or the one of third parties, such as computer virus, Trojans or any malicious computer software; (f) access our Website by any means other than through the interface that we provide; (g) use the Website in any other way that may be harmful, unlawful and/or contrary to morality. 

We also retain the right to limit, suspend or cancel your access to the Website or to some functionalities or parts thereof without notice. 

17. Severance

Should a provision of these Terms of Use or part thereof contradict Swiss mandatory law, it shall be dissociated from the Terms of Use. The nullity of such provision or part thereof will not affect the validity of the remaining parts of the concerned provision or of the other provisions of the Terms of Use. Should a provision of these Terms of Use be ineffective, totally or in part, it shall be replaced by a provision that produces the closest economic and legal effects.

18. Miscellaneous

Subject to the terms of an applicable Supplier Agreement, the Terms of Use constitute the entire understanding between ÜTI and you regarding the access and use of the Website and the Content.

The fact that ÜTI tolerates any shortcomings to your obligations under the Terms of Use, or that ÜTI does not enforce a right recognized to it by the Terms of Use or by law shall not be construed to be a waiver by ÜTI to rely upon them in the future.

The Terms of Use are currently only available only in the English language. Should any other language be available in the future, in case of discrepancies the English version thereof shall prevail.

19. Jurisdiction and Applicable Law

To the extent allowed by applicable law, the Terms of Use are subject to Swiss substantive law.

Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be at the registered seat of ÜTI (subject to an appeal to the Swiss Supreme Court). 

20. Your Questions

For any questions regarding the Terms of Use, please contact info@uti.io.

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