Terms of Service

Last updated

October 2026

PLEASE REVIEW THESE TERMS OF SERVICE, NOTICES AND DISCLAIMERS CAREFULLY. BY ACCESSING AND/OR USING THE PLATFORM PROVIDED BY SKEW LABS SA, YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL OF THE FOLLOWING TERMS, AS WELL AS ALL OF THE TERMS WHICH ARE INCORPORATED HEREIN BY REFERENCE.

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NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS, INVESTMENT OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, BUSINESS, INVESTMENT, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH.

 

1. RIGHTS AND OBLIGATIONS

The following terms and conditions including all available notices and disclaimers (collectively, the “Terms”) concern the platform provided by Skew Labs SA (hereinafter the “Platform”) available at the following website: https://skew.net/ (the “Website”), as well as the BEP20 token named “SKW” issued by Skew Labs SA on BNB Chain (the “Token”). By accepting these Terms you will be bound by the contractual relationship regulated by these Terms and in force between Skew Labs SA (the “Company”) and you (“You” or “Your”).

 

By accessing and/or using the services related to the Platform (the “Services”), You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version; You further represent and warrant that: (i) You are at least eighteen (18) years old and have the legal capacity to enter into a binding agreement; and (ii) if You legally represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.

 

Your access and/or use of the Platform and its Services is contingent upon Your acceptance of these Terms.

 

These Terms can be amended at any time. The Company will notify You of any amendment by email, sent to the email address associated with Your account, at least fourteen (14) days before the amended Terms take effect, and will post the amended Terms on the Website. Amendments that relate to new features or are made for legal reasons may become effective immediately. If You continue to use the Services, or do not close Your account, before the effective date of the amendments, You will be deemed to have accepted the amended Terms. If You do not agree to the amended Terms, You may close Your account in accordance with Section 2 below, where the conditions set out therein are met, or otherwise stop using the Services.

 

You expressly consent, by ticking the dedicated box at sign-up, to the processing of Your personal data with the Company’s partners and service providers, including those located abroad, to the extent necessary to provide the Services You request, as described in the Company’s Privacy Policy available on the Website.

 

2. ACCOUNT ACCESS AND SECURITY

You can access the Services by signing up for your account through the Website. The Company bears no responsibility for any breach of security or unauthorized access to your account. You are advised to keep Your account’s password and any related secret information secure and confidential and not share them with anyone else. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account. You are solely responsible for all activities conducted through Your account whether or not You authorize the activity.

 

Account Closure

To the maximum extent provided by the applicable law, You may close Your account from Your profile on the Platform only when all Your balances are zero, including the SKW Tokens of Your Membership. Accordingly, closure is possible only if certain conditions are met: (i) the six (6)-month Token lock-up period applicable to Your Membership (see Section 5 below) has ended and the SKW Tokens have been unlocked and withdrawn or otherwise redeemed; (ii) You have withdrawn all Your other balances in fiat currency and crypto-assets; and (iii) You have no outstanding position under the Lending Services (see Section 6 below). The closure of Your account must be confirmed by two-factor authentication and by email. Closing Your account does not entail any cost.

 

If Your balance is negative (for example, following the reversal of a payment, the charging of a fee or any other debit), it must be brought back to zero before Your account can be closed. The Company may use the SKW Tokens of Your Membership, including by selling them, to cover a negative balance, and may then close Your account on its own initiative (see also Section 5 below).

 

Following the closure of Your account, the Company retains Your personal data and transaction data for ten (10) years after closure, as required by the applicable anti-money laundering legislation. Your identity data are also retained in order to prevent the opening of multiple accounts by the same person. Further information is provided in the Company’s Privacy Policy.

 

A closed account may be reopened at Your request by contacting the Company’s support at support@skew.net, subject to the successful completion of the applicable compliance checks.

 

3. FUNDS AND CRYPTO-ASSETS

The Services allow You to purchase fiat currency with crypto-assets and crypto-assets with fiat currency.

 

You acknowledge and accept that the custody and the exchange of your funds may be carried out through independent third-party entities; in this regard, the relevant terms and conditions of such providers apply in addition to these Terms. Should You instruct the Company to purchase crypto-assets or fiat currency, the Company will execute the orders using third-party intermediaries (including liquidity providers, exchanges, custodians etc.). Under no circumstances does the Company engage in public deposit activities as provided by articles 5 and 5a of the Ordinance on Banks and Savings Banks (BO) with respect to your crypto-assets and fiat funds. The Company is not directly supervised by the Swiss Financial Market Supervisory Authority (FINMA) and any deposit is not insured by the Swiss deposit insurance scheme. The Company expressly undertakes to execute the operation instructed by You by retaining your funds within a maximum period of sixty (60) days from the date such funds are received (“Execution Period”). You accept and acknowledge that should the Company not be able to execute any operation instructed by You within the Execution Period (e.g., purchase crypto-assets with fiat currency), the Company reserves the right to fully refund the deposited amount without any exceptions.

 

You are and remain the only owner of the fiat funds and/or crypto-assets. With respect to such assets, the Company acts merely as an intermediary executing Your instructions, hence the Company is not providing any service of deposit to the public under the applicable law. Services involve the provision of different services from third-party providers including but not limited to banks and other banking or payment service providers, crypto-asset service providers, exchanges and custody or wallet infrastructure providers. Your balance in each fiat currency and in each crypto-asset is recorded individually in the Platform’s ledger, and You can access it exclusively through Your account on the Platform.

 

At the conditions provided within these Terms, You may be assigned with a dedicated and segregated wallet  on the multi-party computation (“MPC”) infrastructure of Fireblocks (the “Wallet”). The Wallet belongs to You. It is used to receive crypto-assets and, where Your account is classified as inactive, to hold Your assets on a segregated basis. You retain responsibility over such assets, including the safekeeping and confidentiality of all potential means of access (such as, where applicable, any authentication factors). The loss, theft, compromise, or unauthorized disclosure of any means of access may result in the permanent loss of your funds for which the Company assumes no responsibility or liability.

 

If You choose to transfer your fiat funds, the Company will rely on third-party banking and payment service providers to receive and hold such funds as described above. Your fiat funds will be credited to Your balance on the Platform in the currency received, and your balance on the Platform will be updated accordingly. For the purposes of these Terms, crypto-assets pegged to the value of one or more fiat currencies, such as EURAU and CHFAU issued by AllUnity, and USDC issued by Circle, are hereinafter referred to as “Stablecoins”.

 

Conversion rates are derived from one or more third-party intermediaries at the time of execution and may include spreads and mark-ups. Market conditions may result in slippage between indicative and executed rates. You authorize the Company to charge to You (i) the applicable fees of the Company, as set out on the “Fees” page of the Website (https://skew.net/about/fees) (see Section 13 below), and (ii) the commissions, network/gas fees and/or payment processing charges of third parties, which may vary depending on external factors not under the control of the Company (e.g., congestion of the network), are included in the final price displayed and are not set nor retained by the Company. You acknowledge that crypto-assets are subject to significant price volatility. You accept and understand that to execute a purchase of a crypto-asset with fiat currency and vice versa, the Company may require You to maintain an additional operational buffer to cover adverse price moves. If adequate funds are not available the Company may (i) decline, (ii) partially fill, or (iii) cancel the conversion operation, or place a temporary hold until sufficient funds are provided.

 

If You choose to purchase fiat currency using crypto-assets, the Company will automatically convert your crypto-assets into fiat currency through one or more third-party providers (e.g., liquidity providers). Once the conversion is executed, the corresponding amount in fiat currency will be credited to your account balance on the Platform.

 

If You choose to withdraw your fiat funds, upon your instruction and after the necessary compliance checks, the Company will instruct the relevant third-party provider to remit fiat funds to the bank account You have previously designated and communicated to the Company. Payouts may be limited to same-name accounts. Processing times may depend on banking rails, cut-off times, correspondent banks and jurisdictional requirements.

 

You are solely responsible for the accuracy and continued validity of the wallet addresses and bank account details You designate, as well as promptly providing information reasonably requested for compliance or operational purposes.

 

In the event of insolvency, service disruption, or asset freeze of third-party providers such as custodians, liquidity providers, exchanges etc., the Company reserves the right to decline Your onboarding process and to fully refund the transferred amount. In this regard, You acknowledge and bear the risks associated with the fluctuation of the value of the transferred amount in fiat currency or in crypto-assets. Access to the Services is therefore conditional on the regular operation, availability of the currency chosen for the transfer and of the selected third-party infrastructure, and You accept the risks associated with such dependencies. For the avoidance of doubt, the holding arrangements described in this Section concern the fiat funds and crypto-assets held for Your own account; they do not apply to crypto-assets transferred by a Borrower to the Company as collateral under the Lending Services, which the Company holds on a fiduciary basis, segregated per loan, as described in Section 6 below.

 

Minimum amounts and supported networks

Transfers of fiat currency, crypto-assets or other assets to the Platform, including those made in connection with the Lending Services, must meet the minimum amounts and use the networks specified on the Platform from time to time. The applicable minimum amounts and supported networks are indicated on the Platform, and You are responsible for checking them before making any transfer. Transfers that do not meet these requirements, including transfers made on an unsupported or incorrect blockchain network (or other kind of network or technological mean), or in an amount below the applicable minimum cannot be processed automatically and will be flagged and retained pending manual handling.

 

Where recovery of such assets is technically and legally possible, it is carried out at the relevant party’s request and is subject to a recovery fee (“Recovery Fee”) reflecting the cost of the manual handling, as set out on the “Fees” page of the Website (https://skew.net/about/fees). The Recovery Fee is payable before the recovery work starts. Where the assets to be recovered are sufficient, the Recovery Fee may, with Your consent, be deducted from them; otherwise, it is paid in advance from Your balance on the Platform. The Company does not guarantee that erroneous or below-minimum transfers can be recovered.

 

Inactive accounts

This paragraph applies to accounts holding a balance, other than the SKW Tokens locked under a Membership; it does not apply to amounts committed in an open position under the Lending Services. If no operation is carried out on Your account for thirty (30) consecutive calendar days (“Inactivity Period”), i.e. no transfer is executed and no withdrawal, conversion, lending commitment or other transaction or instruction (e.g. the purchase of a Membership or of a Gift Card) is made, the Company will send You a first notice by email on the thirtieth (30th) day of inactivity and reminders on the thirty-seventh (37th) and on the forty-fourth (44th) day of inactivity. Signing in to Your account does not constitute an operation for this purpose. If no operation has been carried out by the fifty-first (51st) day of inactivity, Your account will be classified as inactive. In this case, the Company will: (i) suspend certain functionalities of Your account; (ii) convert Your fiat balance into Stablecoins pegged to the same currency (USD into USDC, EUR into EURAU and CHF into CHFAU) at a ratio of 1:1, without applying any exchange rate or spread; and (iii) transfer such Stablecoins, together with Your crypto-assets, into Your Wallet, where they are held on a segregated basis, on a blockchain network selected by the Company.

 

The Stablecoins and crypto-assets transferred to Your Wallet, and the Wallet itself, belong to You, and You remain their owner. The classification of Your account as inactive and the conversion and transfer described above may, however, affect the time required for such assets to be accessed, converted or withdrawn.

 

When You next sign in to an account classified as inactive, You will be informed of the inactive status of Your account and asked to confirm its reactivation. Reactivation of full account functionality is not immediate: it requires the reversal of the process described above and may be subject to operational procedures and compliance checks. On reactivation, the Stablecoins are converted back into the original fiat currency at a ratio of 1:1 and credited to Your fiat balance, held with a third-party provider, as described in these Terms, and Your crypto-assets are returned to the Platform. A one-off reactivation fee (“Reactivation Fee”) applies, as set out on the “Fees” page of the Website (https://skew.net/about/fees). The Reactivation Fee is payable before the reactivation process starts and is deducted, with Your consent given when You confirm the reactivation, from Your balance. The Company will notify You by email once Your account is active again.

 

4. THE TOKEN

The Token is a digital representation of a value or of a right that can be transferred and stored electronically using distributed ledger technology or similar technology. The Token is classified as a native digital cryptographically secured utility token which is intended to provide access to the Platform’s Services.

 

You are aware that crypto-assets can be highly risky, and their regulatory treatment is unsettled in many jurisdictions. There may be no regulatory recourse for any loss from transactions in relation to the Token. Any value ascribed to the Token may change quickly and may be lost in its entirety. Further, the technologies comprising the Services, including the Token, are experimental in nature and could cause the actual outcomes to differ materially from what is expressed or implied herein. You are cautioned not to put undue reliance on the Services’ forward-looking estimates and statements. The content of these Terms and any related document speak only as of the date thereof. There is no guarantee that the Platform and its Services will operate as planned. Holding, buying, or selling Tokens may not be permitted where You live, and it is Your responsibility to comply with all applicable laws.

 

You expressly acknowledge that the Token:

  • does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value), and may lose its value in part or in full;
  • is non-refundable and may not always be transferable or liquid;
  • does not represent or confer on You any right of any form with respect to the Company and any company, foundation, respective affiliates and service providers directly or indirectly connected to the Company, or its revenues or assets, including without limitation any (i) right to receive future dividends, revenue, shares, ownership right or stake; (ii) any voting, distribution, redemption, liquidation, proprietary including all forms of intellectual property or license rights; (iii) right to receive accounts, financial statements or other financial data; (iv) the right to participate in shareholder meetings, to nominate a director or other equivalent financial or legal rights;
  • is not intended to represent a security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment.

5. PRE-PURCHASE OF TOKEN, MEMBERSHIP ACCESS, AND GIFT CARD SERVICES

Access to the Services is conditional upon the purchase and the use of the Token in advance. The Token entitles you to access the Services, including Platform’s functionalities and discounted rates in accordance with the selected membership (each available for purchase, hereinafter “Membership”). The selected Membership is subject to a mandatory Token lock-up period of six (6) months, commencing on the date of purchase of the Membership, and to the specific terms and conditions applicable to each Membership tier as set forth on the Website.

 

You can purchase the Tokens in one of the following ways:

  • by using Tokens already purchased in accordance with the instructions provided on the Platform; and
  • by purchasing Tokens directly on the Platform according to the means of payment accepted by the Platform and following the instructions provided on the Platform.

Reversal of payments (chargeback)

If the payment made by You for the purchase of Tokens or of a Membership is subsequently reversed, including where the Company receives a chargeback request from the relevant card issuer or payment network in respect of a payment made by debit or credit card, or where a bank transfer is recalled or returned, the Company reserves the right to:

  • sell the SKW Tokens relating to such Membership in order to recover the amount subject to the reversal, and/or recover and/or freeze the equivalent amount of SKW Tokens in Your account;
  • suspend or block your account until full repayment of the amount subject to the reversal has been received by the Company; and/or
  • close your account.

The six (6)-month Token lock-up period of Your Membership also serves in case of reversal(s) of the payment of the Membership within the period in which a chargeback or reversal may be requested (up to one hundred and eighty (180) days after payment). The foregoing is without prejudice to any further claims of the Company. You acknowledge that failure to repay such an amount may result in permanent termination of your account and referral to debt collection procedures.

 

It is expressly understood and accepted by you that failure to comply with the six (6)-month Token lock-up period will result in your ineligibility to access the Services.

 

Upon expiration of the six (6)-month period, you may choose either to redeem the Token or to continue enjoying the benefits of your current Membership, subject to the then-applicable terms and conditions.

 

At any time during the lock-up period, You may upgrade to a higher Membership tier, which will reset the six (6)-month lock-up period.

 

Upon expiration of the six (6)-month period, You may also choose to downgrade to a lower Membership tier if You wish to continue using the Platform with reduced benefits.

 

The Platform enables You to purchase digital gift cards issued by a third-party gift card issuer (“Gift Card Issuer”, and such gift cards, “Gift Cards”). Gift Cards are not issued by the Company. They constitute a credit redeemable exclusively towards the Gift Card Issuer, based on the relevant Gift Cards’ catalog. The latter covers brands such as Amazon, Netflix, Apple, Google Play, Spotify, Steam, PlayStation, Xbox, Zalando, H&M, Booking.com, Airbnb, and many others. The Company acts as a distributor acting in its own name; the redemption of Gift Cards is governed exclusively by Gift Card Issuer’s own terms and conditions and, where applicable, by the terms of the relevant brand. The Company does not issue or guarantee the Gift Cards. It facilitates their acquisition on Your behalf. Any claim, complaint or refund request relating to a Gift Card, or to goods or services purchased with it, must be addressed exclusively to the relevant issuer under its own terms. Accordingly, save where mandatory applicable law provides otherwise, the Company is unable to refund Gift Cards once the code has been delivered.

 

The price payable to the Company for a Gift Card is displayed on the Platform in the currency of the Gift Card, Euro (EUR) or United States Dollar (USD), at all times prior to order submission. The price displayed on the Platform is all-inclusive: no non-optional fees, charges or surcharges of any kind are added at checkout. The total price payable is displayed before You submit the order.

 

Gift Cards are offered at a discount rate specified and displayed on the Platform on their face value (i.e., You pay 100% minus the amount of the discount offered and displayed on the Platform of the credit amount redeemable to the Gift Card Issuer). The price payable, with the discount already applied, is displayed in the currency of the Gift Card before You submit the order.

 

A Gift Card is paid exclusively from Your balance on the Platform in the currency of the Gift Card (EUR or USD); no conversion takes place at checkout. If You hold other fiat currencies or crypto-assets (including SKW, BTC, ETH and other supported crypto-assets), You may first convert them into the currency of the Gift Card through the conversion service of the Platform, at the conditions applicable to conversions (see Section 3 and the “Fees” page of the Website (https://skew.net/about/fees)).

 

Delivery of the Gift Card code by the Company completes the Company’s performance. Redemption, validity periods, refund rights and any restrictions applicable to the Gift Cards obtained through them are governed by Gift Card Issuer’s terms.

 

Without limiting any further exclusions of liabilities under these Terms, the Company shall not, under any circumstances and to the fullest extent permitted by applicable law, be liable for any loss, theft, damage, unauthorized use or expiry (where applicable) of any Gift Card purchased or obtained through the Services. Title to and risk of loss for a Gift Card pass to the purchaser upon electronic delivery of the Gift Card to the purchaser or designated recipient. Accordingly, any claim, complaint or request for refund relating to the Gift Cards (including the goods or services purchased with them) must be addressed exclusively to the relevant issuer.

 

It is understood that the Company could offer in the future additional services based on the development of this Company’s project, including the provision of debit and credit cards.

 

6. LENDING SERVICES

The Platform enables You to grant loans directly to corporate borrowers (each a “Borrower”) presented on the Platform (the “Lending Services”). The Company operates the Platform and provides technological, administrative and collateral-management services only. The Company does not lend its own funds, does not become a creditor of the Borrower, does not assume any credit risk and does not guarantee the repayment of any loan, the payment of interest or the value or sufficiency of any collateral. Your debtor is, at all times and exclusively, the relevant Borrower. Each loan is concluded directly between You and the Borrower under a separate loan agreement (the “Loan Agreement”). The collateral securing the loan consists of assets, including crypto-assets, as from time-to-time determined by the Company in accordance with the relevant agreements, transferred by the Borrower to the Company by way of security (fiduciary transfer for security purposes), which the Company holds not as a legal owner but for the account and in the exclusive interest of You, segregated per loan, and enforces and liquidates in accordance with the Loan Agreement and the related mandate agreement. Your relationship with the Company in respect of the collateral is governed by the rules on the mandate (Art. 394 et seq. of the Swiss Code of Obligations).

 

By using the Lending Services, You grant the Company an irrevocable mandate and the necessary authorization to receive, hold, administer, enforce and liquidate the collateral, and to distribute the proceeds, in the interest and for the account of all lenders in that project.

 

You represent that You participate in the Lending Services in Your own name and for Your own account and not on a professional basis. You are solely responsible for monitoring Your own position and for obtaining any authorization or self-regulatory affiliation that Your circumstances may require under applicable law. The Company may, as an operational safeguard, cap or block Your participation in further lending projects to prevent Your activity from violating any applicable law.

 

You acknowledge and accept that the Lending Services involve the risk of total loss of principal and interest; that neither the Company nor the Borrowers are supervised by FINMA as banks and that the funds lent are not covered by the Swiss deposit-insurance scheme; that the value of the collateral is volatile and may prove insufficient, and that it may be frozen or blacklisted by its issuer; that enforcement may take time and generate costs; and that the loans are not listed instruments and no secondary market is offered or guaranteed.

 

Any funds or crypto-assets handled by the Company in connection with the Lending Services are dealt with in accordance with Section 3 above and do not constitute public deposits within the meaning of articles 5 and 5a of the Ordinance on Banks and Savings Banks (BO). The Company does not pay You any interest; any amount distribution (including principal and coupon) to You is made by the Company as fiduciary and mandatary out of amounts actually received from the Borrower or realized from the collateral. Any commission and/or fees for or connected to the Lending Services are set out on the “Fees” page of the Website (https://skew.net/about/fees) (see Section 13 below).

 

Deposits and transfers of collateral or other assets made in connection with the Lending Services are subject to the rules on minimum amounts, supported networks and Recovery Fee set out in Section 3 above.

 

7. PROMOTION PROGRAM

By using the Services, You may be eligible to receive promotional bonuses, in the amount and currency indicated for each promotion, by participating in the promotions offered by the Company from time to time and published on the Website and/or on the Platform, such as, currently, the Welcome Bonus (a bonus awarded to new Users upon purchase of a Membership and account activation on the Platform), the Referral Reward (a reward credited when an existing User refers a new User who successfully completes KYC verification and purchases a Membership on the Platform) and any other promotional campaign (collectively, the “Promotion Program”). The conditions of each promotion, including eligibility, use and expiry of the relevant bonuses, are those published on the Website and/or on the Platform for that promotion. Bonuses may be credited to Your account by the Company, including manually, with the name of the relevant promotion as reference.

 

To be eligible for the Promotion Program, You must have signed up for your account on the Website, must not have breached these Terms and must not be subject to restrictions or suspensions. If the Company has reasonable grounds to believe that You have engaged in any fraud or material abuse of the Services, the Promotion Program or any other aspect contained herein, the Company is fully entitled to apply the measures provided within Section 12 of these Terms. The Company reserves the unconditional right to change, suspend or end the Promotion Program earlier than the end of the validity period of such Promotion Program or in the event the Promotion Program is being abused or may negatively affect the Company’s goodwill or reputation, or due to unforeseen circumstances which may make it impossible for the Company to continue running the Promotion Program. If the Company changes, suspends or ends the Promotion Program before the end of the validity period of the Promotion Program, the Company will give You notice through the means of communications provided by You.

 

8. SERVICES AND TOKEN RISKS

Use of the Services and of the Token should only be considered by those who thoroughly understand their goals and risks. The Services and the Token are designed for informed users and those who can assess both the anticipated benefits and associated risks. The Services and the Token are provided on an “as is” basis, without any warranties, and the Company disclaims any liability arising from the use of the Token, the Platform and its Services.

 

The Token’s value may change due to market trends, regulatory matters and global economic factors. You should only hold the Token with the understanding that it may lose any value attributed to it.

 

The tax rules applicable to the Token are uncertain and may vary by jurisdiction. You are advised to consult independent tax advisors regarding any potential tax liabilities related to the Token acquisition, use, or sale. Transactions involving the Token may lead to tax obligations, including withholding taxes, income taxes, or tax reporting requirements. The use of the Token may be subject to income, capital gains, or sales taxes, depending on jurisdictional regulations.

 

The regulatory landscape governing the Services and the Token is also evolving, and it is uncertain. Regulatory changes, enforcement actions, or new interpretations may negatively impact the Token and its value. As global attitudes toward crypto-assets evolve, policymakers may broaden regulatory oversight. Should the Token become subject to licensing or registration requirements, its utility in specific regions could diminish.

 

9. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Platform and its Services are the property of the Company or its licensors. Subject to Your compliance with these Terms, you are granted a limited right to access and/or use the Services. The right to access and/or use the Services through the Platform is tied to the Token and is a non-exclusive, non-transferable, revocable, limited license, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any license (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.

 

All rights, titles, and interests in and to all copyrights, trademarks, trade secrets, patents, and other proprietary rights related to the Platform and its Services are exclusively reserved and protected under applicable intellectual property laws.

 

10. REPRESENTATIONS AND WARRANTIES

By purchasing the Token and accessing the Platform and its Services, You acknowledge and agree to the representations and warranties stated herein, namely:

  • You are solely responsible for compliance with any applicable laws, regulations, and restrictions related to Your access and use of the Token, the Platform and its Services, including all applicable regulatory requirements; and
  • You recognize and accept that the Token (i) may hold no intrinsic or monetary value, nor is there any guarantee or representation of liquidity or future worth; (ii) is intended to be strictly outside the scope of speculative or financial products; and (iii) it may lack transferability and liquidity.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by the applicable law, in no event will officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors of the Company be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Platform and its Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not advised of the possibility of such damages.

 

Without limiting the generality of the foregoing, the Company will not be liable for any financial or other loss or damages arising from or related to the use of the Platform and its Services, including, without limitation, to any of the following: (i) loss of or inability to access; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of Your means of authorization including private keys; (vi) errors calculating network fees; (vii) corrupted data on servers; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x) phishing or other websites masquerading as the Website; (xi) delays, interruptions or losses; (xii) loss of business or goodwill; (xiii) reasons related to anti-money laundering regulations or any other applicable legal provision, including, without limitation, the freezing of the transaction and/or the freezing of funds or crypto-assets.

 

The Company shall not be liable for any loss or damage whether directly or indirectly suffered where the Company is unable to continue running the Promotion Program as planned in accordance with Section 7 above.

 

The Company disclaims all warranties, whether express or implied, and shall have no liability, whether in contract, tort (including negligence) or otherwise, for any loss or damage of whatever nature arising out of or in connection with the use, inability to use, malfunction or fraudulent use of any Gift Card or third-party services, including, without limitation, any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profit, data or business opportunity.

 

The Services are supported and integrated with third-party services. In no event will the Company take responsibility for any third-party services and will not be liable for any loss, damages, technical failure, malfunction, unavailability referred to such third-party services. For further information on third-party services, You should read the relevant third-party terms and conditions.

 

12. RESTRICTIONS

You accept and understand that violations of these Terms including but not limited to those in accordance with this section may result in the termination or suspension of Your account on the Platform and/or restriction of Your ability to access such Platform.

 

In addition, the Services may not be available to persons resident or domiciled in certain jurisdictions in accordance with the Company’s internal Anti-Money Laundering policy.

 

You acknowledge and agree that, in order to access the Services, the Company will carry out all checks required under applicable law, including, without limitation, checks relating to anti-money laundering requirements. Based on the outcome of such checks, the Company may, at its sole discretion, decide not to initiate or to terminate the contractual relationship with You, in accordance with the procedures and requirements set out under applicable law, including, without limitation, by refunding any amounts received in connection with the purchase of the Token.

 

In application of its anti-money laundering and compliance procedures, the Company may restrict Your account, including by limiting it to sign-in only or to withdrawals only, or suspend it. Automated compliance checks may also automatically block or freeze funds, in particular where incoming funds originate from blacklisted or sanctioned sources or where You attempt to withdraw funds to a sanctioned or blacklisted wallet address; in such cases, the matter is then reviewed by the Company’s compliance team.

 

You acknowledge and accept that the Services will be provided to you solely and exclusively (i) in accordance with these Terms; (ii) at our sole discretion; and (iii) only if you have successfully completed any onboarding, due diligence, Know Your Customer (“KYC”), or other compliance obligations we may impose on you, and we have obtained any other information about you that we consider necessary.

 

Consequently, we may at any time and at our full discretion refuse to provide you with the Services unless expressly required by the applicable law.

 

By accessing and/or using the Platform and its Services, You acknowledge and agree that You shall not use, or assist third parties to use, the Platform and its Services in any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Platform and its Services or hinder the operations of other users of the Platform and its Services.

 

Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Platform and its Services for illegal or fraudulent purposes or other unlawful purposes in violation of these Terms, any applicable law and any court or competent authority rulings or orders. This includes but is not limited to the following actions: (i) attempting to gain unauthorized access to the Platform and its Services, as well as its underlying systems; (ii) introducing malicious software, viruses, or other harmful components that could disrupt the Services and/or Platform’s functionalities or compromise its security; (iii) decompiling, reverse engineering, or attempting to derive the source code of the Platform or any of its components; (iv) impersonating another user, misrepresenting Your identity, or engaging in any deceptive practices on the Platform; (v) exploiting Platform and/or Website features, tools, or services in a manner that could overload, harm, or impair its operation or performance.

 

13. FEES

Your use of the Services may be subject to certain fees which will be charged to you. All fees applicable to the Services, including the Recovery Fee and the Reactivation Fee referred to in these Terms, are set out on the “Fees” page of the Website (https://skew.net/about/fees), which is the only source of reference for the fees applicable from time to time. Applicable taxes are not included therefore such fees will be increased to account for any applicable taxes.

 

14. INDEMNIFICATION

To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify the officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors of the Company from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of Your alleged or actual breach of these Terms.

 

15. ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

 

16. SEVERABILITY AND WAIVER

Unless otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

 

The failure to exercise or enforce any of the rights or provisions of these Terms shall not be considered as a waiver of responsibility with respect to these Terms.

 

17. ASSIGNMENT

The Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign or transfer any of Your rights or obligations under these Terms, in whole or in part, without the prior consent of the Company.

 

18. GOVERNING LAW AND JURISDICTION

These Terms are subject to and governed by Swiss law. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.

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