1. Scope of Application
These general terms and conditions ("GTC") apply between K27 AG, Bahnhofstrasse 4, 6340 Baar, Switzerland ("K27") and users ("Users") of the website accessible at https://k27.ag ("Website"). The GTC govern the use of the Website and the services made accessible therein, subject to a separate agreement. By using the Website, the User expressly agrees to be bound by these GTC. User conditions that deviate from or contradict the regulations made below shall not apply, unless K27 expressly agrees to their validity in writing.
The Website and the services and information made accessible therein - including hyperlinks to external Internet areas or websites - are intended to inform and inspire the User regarding the trading of cryptocurrencies. They are not a substitute for independent legal, financial, or other professional advice. They should also not be understood as professional advice with respect to a specific use, investment, or trading of cryptocurrencies. This Website and the services and information made accessible therein do not constitute investment advice, asset management, or any other financial service within the meaning of the Financial Services Act (FIDLEG). They are for informational purposes only and are in no way to be understood as an offer, solicitation, or recommendation to purchase, sell, trade, or otherwise dispose of financial instruments or investment products of any kind and/or cryptocurrencies, or to conduct any other transaction. The use of the Website does not promise the best possible trading results. The risk of trading in cryptocurrencies always lies solely with the User.
2. Establishment and Termination of the Contractual Relationship between K27 and the User
If the contractual relationship has not already been established by a separate agreement between K27 and the user, registration as a user on the website (offer) and the opening of access to the login-protected area of the website by K27 (acceptance of the offer) establish the contractual relationship.
The contractual relationship, subject to a separate agreement between K27 and the user, can be terminated at any time, with immediate effect and without giving reasons, by deleting the user account.
3. Services provided by K27
3.1. In general
One essential factor for the provision of the contractually agreed services by K27 is the user's cooperation. In particular, registration as a user requires the creation of an API key on the trading platform of the user's respective wallet. Only after the user has provided the API key to K27 can K27 connect the user's wallet with K27's software, create a user account and provide the user with access data.
In the user account, the user can individually set the parameters to trade cryptocurrencies automatically in their own name and on their own behalf using the software. The scope of services and the usage rights to the software are governed by a separate contract between the user and K27. These terms and conditions apply in addition to the separate contract unless there are differing rules contained in such a separate contract.
K27 may also provide certain proprietary content and information on the website, the scope and subject of which may change over time.
There is no contractual entitlement to use the website or a user account. K27 is entitled to make changes to the website at any time, for any reason and without prior notice, in particular to expand, modify, interrupt, restrict or completely or partially discontinue the scope of services, functionalities, design or content of the website at its discretion. K27 is also entitled to block user accounts at any time without prior notice, especially if K27 believes that the user is in breach of the contract for the use of the software, there is a suspicion that a user is using the website in violation of these terms and conditions, unlawfully or immorally, or the user account is being used without authorization.
3.2. Care portal
K27 can set up a care portal in the login-protected area of the website through which users and K27 can communicate and exchange documents in connection with the use of the software ("care portal"). The user agrees that messages delivered via the care portal are deemed to have been legally delivered at the time they become retrievable.
3.3. Messages
The user agrees that K27 may send personalized messages to them electronically (e.g. by email or push notifications), particularly regarding executed purchases and sales. These messages can be unsubscribed from at any time using the link provided in them.
4. Ownership of rights
All rights to the website as well as to the information contained therein or made available through it, in particular rights to software, equipment, trademarks, companies and other identifiers and to all materials including text, image and video material relating to the website are exclusively owned by K27 and/or K27's licensors. Users and visitors to the website are not granted any rights to the website or to the information contained therein.
5. User's Obligations
The user is obliged to immediately change the access data transmitted to him by K27 into access data known only to him.
The user is responsible for managing the access data to his user account. In particular, the user is obliged to keep the access data secret and not to make them accessible to unauthorized persons. The user is also obliged to report any unauthorized use of his user account to K27. The same applies in case of suspicion of misuse by an unauthorized third party.
The user is responsible for securing his data, in particular the information stored in his user account.
The user is obliged to ensure at his own expense that he has the technical requirements for using the website and that he uses the latest technologies, in particular the latest version of the respective web browser, each time he uses the website. When using older or not widely used technologies, in particular when security settings of the used browser are missing, it may be that the website cannot be used or can only be used to a limited extent.
6. Disclaimer, Liability, and Indemnification
6.1 Disclaimer
The website is provided in its available condition for use. K27 makes no representations, warranties, or guarantees with regard to the website and its use, including without limitation, the availability, quality of service, accuracy, completeness, and timeliness of the website or the information contained or available therein. The use of the website is at the sole risk and responsibility of the user.
K27 also makes no representations, warranties, or guarantees regarding specific functions of the website, particularly in terms of the settings of K27's software parameters.
6.2 Liability and Indemnification
K27 and its agents shall not be liable for any damages arising from or related to the use or inability to use the website. The liability waiver applies in particular to damages resulting from unauthorized access to a user account, unlawful or unethical behavior by users or third parties, or data loss or deletion. The liability waiver does not apply to damages caused by intentional or grossly negligent conduct by K27, bodily injury, product liability claims, and other claims that cannot be excluded by law.
The user agrees to indemnify and hold K27 harmless from any damages claimed by third parties resulting from the user's actions, regardless of the user's fault.
7. Changes to the Terms and Conditions
K27 is authorized to change these terms and conditions at any time. The currently valid version of the terms and conditions can be accessed at [...]. Changes will be communicated to users in an appropriate manner. If the user does not agree with the changes, they must delete their user account within two weeks of the announcement of the changes. Without timely deletion and by any further use after notification of the changes, they will be deemed accepted.
8. Applicable Law and Jurisdiction
These terms and conditions are subject to Swiss substantive law, excluding conflict of law rules and international agreements. The ordinary courts at the registered office of K27 have exclusive jurisdiction. In addition, K27 has the right to enforce its claims at any other court with jurisdiction under the law.