Aktionariat Terms of Service 0.1
Aktionariat AG provides technical services in connection with tokenized shares. These services include our website, our mobile apps, a corporate dashboard for issuers, transaction monitoring, user notification services, shareholder registrations, and others.
These Terms of Service govern the relation between Aktionariat AG and the users of its services. Corporate clients may be subject to additional agreements. In case of differences between these terms and a more specific agreement with a client, the more specific agreement prevails.
This is a draft of our terms of service and will be replaced with a more professionally worded version in the future. Future versions might substantially deviate from the version at hand and users who do not agree with future versions of our terms of service might be forced to stop using our services.
Big Disclaimer, no Liability
You agree that Aktionariat AG is not liable for any damage in connection with the use of our software and services. Most notably, Aktionariat AG is not responsible for any loss of funds that happened in connection with our services, for example when a user accidentally sends crypto assets to the wrong address using our app. All information, software and services are provided “as is” with no guarantee of being accurate or reliable.
Users that agree with our terms of service are granted a revocable, non-exclusive license to use our software and services. Code that is “open source” is governed by separate license agreements as referred to in the respective files.
Aktionariat AG processes data from three sources: the public data visible on the Ethereum blockchain, issuers that work with us, and our users. Blockchain-based data is distributed all over the world and outside of our control. Data you store with us is stored on dedicated hardware in Switzerland and Germany.
When using our services (e.g. our app or the widgets we provide to the issuers) to initiate blockchain-based transactions, you should be aware that these transactions will be publicly and irrevocably archived on the Ethereum blockchain once you sign them and send them to the network. These transactions typically include information about how many tokens have been bought, sold, transferred or otherwise interacted with, a timestamp, and the involved addresses. They do not include personal data such as your name or e-mail address. Nonetheless, once someone knows that a particular address belongs to you, they can connect all the transactions involving that address to you. If, for example, you are concerned with one issuer not knowing about what tokens of other issuers you own, you should use distinct address for distinct issuers.
Issuers that use our services might store personal data about you with us. This mainly concerns the shareholder registry and includes your name, address, and e-mail. You can view and manage this data through us in the Aktionariat app or alternatively get in touch with the issuer that entered your data. Note that updating your data with one issuer automatically also updates your data with other issuers. If you do not want your data to be shared between issuers, you should use separate accounts for each issuer or group of issuers whose data you wish to be kept separate. Be aware that companies are required by law to keep all information that is relevant for the shareholder registry – so if we are tasked by an issuer to keep their shareholder registry up to date, we are legally required to keep your data. Even if you are not a shareholder anymore, the law requires all data in connection with an entry in the shareholder registry to be kept for another 10 years. See also Circular 2019/01 by the Swiss Blockchain Federation.
We might send you two types of e-mails: our own e-mails and e-mails sent on behalf of an issuer. Our own e-mails include our newsletter, price updates, and other things you can subscribe to and manage on the notification settings page. Each user’s personal notification settings page is accessible through our app and also linked to from each notification e-mail. If you do not want others to see and change your notification settings, you should avoid forwarding our notification e-mails to others. You should note that even if you disable all our notifications, issuers might still use our services to deliver messages to you on behalf of them. This latter category of messages is governed by your agreements with the relevant issuer. In some cases, for example the invitation to the yearly general assembly, the issuer might be required by law to get in touch with you even if you opted out of e-mail communications in general.