Community App Terms of Use

Last updated: 9 April 2019

Please read the following Terms of Use carefully as they contain important information about your rights and obligations in relation with SwissBorg.

A. By accessing or using the Community App (hereinafter referred to as “Community App” or “App” or “We”), as operated by SwissBorg Token Exchange Ltd., a Maltese company with registration number C 88877, You (hereinafter “You” or “User”) consent to these Terms of Use (hereinafter referred to as “Terms”).

B. References in this Agreement to “App”, “Community App”, “We”, “Our”, “Us”, “Service(s)”, are to SwissBorg or their Services, and references to “You”, “your” or “yourself” are to the User with whom we enter into this Agreement.

C. You agree that you have read and understood these Terms in conjunction with the Cookie and Privacy Policy which form an integral part of these Conditions, and any other policy issued by us (hereinafter referred as the “Policies”).

D. You have read, understood and consented to be legally bound by these Terms and Policies. If You do not agree to be bound by these Terms and Policies, you will have to exit the App and not use any of our Service(s).

E. These Terms set the complete understanding of all the involved Parties, but do not alter in any way other terms or conditions of any other agreement You may have with Us or SwissBorg Group.

F. We reserve the right to update the terms and conditions contained in the Terms, including but not limited to any Policy of guideline, at any time and at our sole discretion without; we will notify you through existing communication channels or via your contact information should such changes be particularly significant. We encourage you to review our policies and terms and conditions whenever you make use of our Services.

G. Any updates will be posted on the App and will be effective immediately upon posting.

H. The App and the Service(s) are made available on an uncommitted basis and We may at any time and from time to time vary, suspend, restrict, or terminate any or all of the Service(s) without any prior notice to you in accordance with these Terms.

I. We do not warrant that the technology involved is reliable, stable, accurate and complete.

J. We do not warrant that we will be able to prevent that users who are not in compliance with these Terms when using the App.

K. We do not warrant that we will provide accurate and timely information.

L. We may take decisions based on confidential criteria that are essential to our risk management and security protocols.

1. Definitions

In these Terms, unless the context otherwise requires:

‘Account’ shall mean the account created upon your registration with the App.

‘Active user’ shall mean a registered user who has performed at least one forecast on Bitcoin future price.

‘Affiliates’ shall mean any SwissBorg Group entity owned by SwissBorg SA, a limited liability company incorporated under the laws of Switzerland;

‘Applicable Law’ shall mean the law of Malta;

‘Applicable Laws’ shall mean the Applicable law and other laws of other jurisdictions, rules, regulations, directives, circulars, notices, guidelines and practice notes of any governmental authority;

‘Applicable Data Protection’ shall mean Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “General Data Protection Regulation” or “GDPR”);

‘Badge’ shall mean a representation of your achievement by the completion of various tasks and missions as further described in Rule 5.9.

‘CHSB’ shall mean the SwissBorg multi-utility token issued during the SwissBorg Initial Coin Offering.

‘CHSB Facial value’ shall mean the value or the price of the CHSB token at the time of the transaction generating commissions revenue on the SwissBorg App.

‘Distribution Rules’ shall mean the conditions under which the rewards (the coupons) can be claimed and redeemed.

‘Federal Data Protection Act’ shall mean the Federal Act on Data Protection (FADP) 1992.

‘Forecast' or 'Forecasting’ shall mean predicting or estimating the increase or decrease of the daily price of Bitcoin.

‘Parties’ shall mean We and You collectively;

‘Personal Data’ shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference  to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity or that natural person;

‘Referrer’ shall mean the person who invites a friend to register with the App.

‘Referee’ shall mean the person who receives an invitation from a Referrer and registers with the App, thus linking its subscription to a Referrer.

‘Reference Fiat Currency’ shall mean Euro (EUR), US Dollar (USD), Great Britain Pound (GBP), Swiss Francs (CHF) and Japanese Yen (JPY).

‘Special Event’ shall mean an event out of the ordinary course of time during which the rewards on Forecasting, Invite Friend, Daily Login, Streak and AirDrop Freebet are multiplied.

‘Streak’ shall mean the activity of opening the Community App at least once every 24 hours, without more than 25 hours activity.

‘SwissBorg App’ shall mean the first version of the SwissBorg Investment App, to be released after the Community App, in the course of 2019.

‘SwissBorg Group’ shall mean each and every SwissBorg entity consisting of parent undertakings, subsidiaries, and entities in which the parent undertaking or its subsidiaries hold significant participation.

In these Terms, unless the context otherwise requires, words importing the singular include the plural and vice versa, words importing any gender include every gender.

Clause headings are for convenience of reference only and shall not affect the interpretation of these Terms.

2. Eligibility of Use

The App is intended solely for natural persons who are at least 18 years old and who are acting in their own name and in their own capacity.

The App cannot be used if you do not register an account.

The App cannot be used by persons who have previously been suspended or removed from any account registered with SwissBorg Group or by persons who are banned from using Service(s) offered by SwissBorg Group.

The App cannot be used by companies or entities or agents acting on behalf of other persons or persons on behalf of companies and entities.

The App cannot be used by persons who are on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List.

The App is not offered nor is it available to persons who are nationals of and residing or present in the USA and its dependencies, Democratic People’s Republic of Korea (DPRK), Ethiopia, Iran, Pakistan, Sri Lanka, Syria, Trinidad and Tobago, Tunisia and Yemen or as may be amended from time to time.

The App does only authorise the registration of one and only one account per user. Attempts to create multiple accounts, by any means whatsoever, will be considered as fraud and will result in a ban of the original and any subsequent accounts.

3. User Account and User’s Obligations

User Account

You must register yourself for an account to be able to use the App.

You may only set up one and only one account in your own name.

We may, at our sole discretion, refuse to open an account for you.

When registering, you must provide the following personal data:

  • your first name;
  • your last name;
  • a valid e-mail address;
  • your phone number;


User’s obligations

The User shall safeguard his login credentials and other required forms of authentication and keep these confidential and not share them with third parties.

The User is solely responsible for the activity that takes place from his account, whether or not third parties have his permission to make use of his account.

The User shall inform us that his account has been compromised and/or his login credentials lost or divulged within an hour of becoming aware of such a fact. Upon such notice, we may, at our discretion, take action to suspend or terminate his account.

The User shall not use his account except as in a manner as allowed by these Terms and Policies.

The User shall not make use of his account in a manner that will undermine the usability of the App and to the detriment of our reputation or that of SwissBorg Group.

The User shall not manipulate the App to carry out disruptive activities.

The User shall not manipulate the App in order to avoid being compliant with the applicable law of these Terms and Policies and/or with other applicable laws. Attempts to manipulate the App and/or to circumvent applicable laws, by any means whatsoever, will result in a ban of the Account and any subsequent Accounts.

The User shall not use any automated tools, bot, crawlers, scripts, or any other means of automation nor perform any kind of hacking tool or reverse engineering and/or publish any results arising from such hacking tool or unauthorized reverse engineering. Violation of this rule will result in a ban of the Account and any subsequent Accounts held with SwissBorg or any of its Affiliates.  

The User acknowledges that certain countries/jurisdictions have laws regarding Competitions that may prevent SwissBorg from awarding you your prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from SwissBorg. By entering this Competition, you acknowledge the risks and understand that you may win but not be able to receive a Prize.

By entering the Competition or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to exectue and return (and winning may be conditioned upon the winner executing and returning) to SwissBorg, within ten (10) business days an Affidavit or Eligibility and a Liability and Publicity Release drafted by SwissBorg to be eligible for the Prize. The winners may be required in SwissBorg's sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address nd birth date in order to receive the Prize.

4. SwissBorg’s Community App Vision & Philosophy

SwissBorg’s Mission is to provide a universal access to the new financial world, with a simple and fair wealth management ecosystem powered by Blockchain Technology. With our Community App, we aim at putting in place the first foundation stone of this ecosystem.

We believe that imbalance of power and information have led to imbalance of wealth. We believe that this imbalance can be reversed by a smart use of peer-to-peer technology and by educating our Users through entertainment.

More than a game of chance, the Community App is meant as a game of logic. By forecasting the price of Bitcoin every day, you will develop the skill of closely following the crypto market, its trends and its evolution. By developing a skill, you will acquire further knowledge on the crypto market. By creating a skill, you will create more wealth and get rewarded for that.

By playing the game and getting rewarded, you will place yourself at a rank that gives you a priority access right to the SwissBorg Investment App.

5. Community App Rules and Features

Login: When entering the App, you are required to provide us with a valid phone number. The phone number is used to verify that you are an actual natural person by sending a 6-digit code that you must insert to access the App. Every time you login, you earn points in accordance with Appendix I. If you maintain a streak of 7 consecutive periods of 24 hours, you will get more points for each login.

Referral: If you have been invited by a friend to use the App, you will be provided with a referral code that you must use when creating an account with us. The friend inviting you will receive bonus points on his own account in accordance with Appendix I to these Terms and Conditions. Once you accept your friend's invitation, a Push Notification containing your first name and your surname is sent to the Referrer, informing him of the fact that you have used his referall code.

Create a profile: In order to create a valid account with the App, you are required to provide us with your first name, last name and email. IMPORTANT: do not use any alias or username other than the name figuring on your official ID Card, Passport and/or Driving License. For you to be able to use and redeem your rewards on the SwissBorg App, your first name, last name and email address must be the same as in the Community App.

Tutorial: To make things easier for you, a tutorial will show a demo of how the App functions regarding the forecasting part of it. The tutorial consists of 2 different screens, 1 minute waiting time, and a dialogue screen showing the result. The tutorial is only meant as a practice round and constitutes an early mean to earn points in accordance with Appendix I. You can only play the tutorial once.

Push Notifications: SwissBorg can keep you posted and remind you to login and forecast the price of Bitcoin by sending you Push Notifications. Notifications may include alerts, sounds and icon badges. These can be configured in the settings of your smartphone.

Forecasting rules: When clicking “Forecast Bitcoin”, you are invited to forecast whether the price of Bitcoin will go up or down in the next 24 hours. You will then be required to determine how many points you would like to place on this forecast in accordance with your Risk Level (see Rule 5.7 hereunder and Appendix I). Pressing the “Confirm Bitcoin Going Up/Down” button will initiate a 24 hours countdown. If you have allowed us to send you Push Notifications, you will receive a notification in accordance with your settings when the countdown is over. The points you place are lost if your forecast is incorrect. The points you place are won if your forecast is correct and/or multiplied depending on the leverage you use.

Risk Level: The number of points you can place on a given forecast is divided in 5 different Risk Levels:

  • Risk Level 1 - 200 points
  • Risk Level 2 - 500 points
  • Risk Level 3 - 1'000 points
  • Risk Level 4 - 5’000 points    
  • Risk Level 5 - 10’000 points

If, in the course of the competition, the allocation of the points for each Risk Level is proven non-optimal, SwissBorg reserves the right, at its sole discretion and whenever deemed necessary by us and as many times as required by circumstances, to update the number of points allocated to each Risk Level. A Push Notification can be sent if your Settings allow for it. Should you have your Push Notifications turned off, SwissBorg may not communicate any update through any other kind of communication channel.

Badges: Badges constitute achievements that can be unlocked by completing certain tasks or missions and therefore are another way for you to earn CHSB. There are 6 Badges in total and each Badge is divided in 3 Levels, to the exception of the last Badge:

  • Popular
  • Psychic
  • Risk Taker
  • Overachiever
  • Loyal
  • Hall of Fame - the ultimate Badge will be unlocked by completing all 3 levels of each 5 previous Badges.

For each level you reach, you will earn CHSB in accordance with Appendix I.

Unlocking Hall of Fame will make you eligible for a Bonus in CHSB. The Bonus in CHSB will be redeemable in the SwissBorg App, provided that KYC process will have been completed successfully. The Bonus in CHSB is subject to Rule 7.3 hereunder and shall be redeemable. SwissBorg reserves the right to decide, at its full discretion, to not distribute any Bonus in CHSB.

Dashboard: the Dashboard is your homepage, where you can see your forecasting history, your Points, your Rank, your Badges as well as other features of interest.

Special Promotions: We reserve the right to create special promotions during Special Events and multiply the points you earn during the Special Event. The creation and arrangements of such Events remain at the sole discretion of SwissBorg.

Source of Data: in order to determine the price of BTC/USD, we use external sources of data from Coinbase Pro. EUR/USD, GBP/USD, CHF/USD are extracted from the European Central Bank. SwissBorg will not be held responsible for the correct display of prices.

6. Know-Your-Customer & Anti-Money Laundering (KYC/AML)

You will not be required to perform any KYC process when registering with the App.

However, the App is intrinsically linked to the SwissBorg App & Ecosystem. As a consequence, you are required to provide your real first and last names, in accordance with Rule 5.3 above.

Failure to comply with Rule 6.2 will result in a technical impossibility to redeem your rewards in the SwissBorg App, as you would automatically fail to comply with Distribution Rule 8.2 below.

7. Community App Competition, Ranking & Awarding Rules

The User of the Community App will collect points by:

  • Login every day
  • Login streak bonus
  • Invite Friends
  • Forecasting Bitcoin Future Price
  • Performing specific action during Special Events periods

Based on the net amount of points accumulated, we will establish a ranking for each User. Your rank is your position in the queue to priority right to access the SwissBorg Investment App.

A price will be distributed up to 20’000 (twenty thousand) Users, in accordance with their respective Rank. For each User joining the game, we add $1 to the Pool, to a maximum of $500’000. Therefore, the Prize Pool is calculated in accordance with the following formula : Prize Pool = min(500’000$, number of active users * $1).

In the case where 2 or more Users are tied in the ranking, the date of the first forecast determines the winner.

SwissBorg reserves the rights to modify, as required by circumstances, the Ranking and Awarding Rules at its sole discretion, without prior notice nor any obligation to notify you otherwise than through the Push Notifications, as described in Rule 5.5.

These rewards constitute coupons/vouchers, the values of which will be available to redeem in BTC in the SwissBorg App. Please refer to the Distribution Rules Section.

The Competition begins on 27.03.2019 and it's end will be determined with regard to the launch of the SwissBorg App.

8. Distribution Rules

Timing: the Prize Pool rewards accumulated in the App will be distributed 90 days after the official launch of the SwissBorg App or the end of the competition or the email notifications sent to your email.

KYC: the rewards will only be distributed if you successfully pass the KYC process in the SwissBorg App. Please refer to Rule 6 above.

Holding CHSB gives the rights to:

  • benefit from its utility within Swissborg Ecosystem such as discount, referendum power, etc.;
  • transfer the CHSB from one wallet to another (subject to withholding conditions and period) and
  • sell the CHSB on an exchange (subject to withholding conditions and period).

Holding Period: the rewards generated are subject to a minimum holding period of 12 months, and will not be available for withdrawal or exchange in the SwissBorg App during that period, unless you generate revenues for SwissBorg by performing transactions on the SwissBorg App equivalent to the facial value of the BTC tokens held. No rewards will be distributed in the Community App itself.

9. Interruption of use of the App

The App and/or its Service(s) may be unavailable to you due to system downtime during maintenance and due to telecommunication equipment faults.

The App and/or its Service(s) may be interrupted, suspended or terminated at our discretion.

The App and/or its Services may be interrupted, suspended or terminated if we are required to do so due to an executive order from a competent authority or changes in the applicable law of the country from where we operate.

We can discontinue offering you the App and/or its Service(s) through suspension or termination, without any prior notice, if:

  • we suspect that you are in breach of these Terms and/or Policies;
  • in our reasonable opinion, we are required to do so by applicable law and other applicable laws;
  • we are given a legitimate order by a competent authority;
  • the information you provided is discovered to be incorrect or false or fraudulent;
  • you utilise your account in an illegal and illicit manner;
  • you are not 18 years of age;
  • we suspect you are using the Service(s) in a fraudulent or unauthorised manner;
  • your account has been breached by third parties

10. Closing of Account

You can choose to close your account at any time by sending an email to support@swissborg.com.

We can close your account if after violating any of the conditions set by these Terms and/or Policies.

Upon closing of account, any pending points will be destroyed, without any possibility for You to redeem them on the SwissBorg App.

We can close your account without prior notice if we suspect that your account has been used for illicit purposes.

11. Limitation of rights

The products or service names, logos or slogans that may appear on our Services and on the App may not be copied, imitated or used, in whole or in part, without prior written permission. You may not use any trademark, product or services names of the App without our prior written permission, including without limitation any meta tags or other “hidden text” utilising any trademark, product or service name of the App.

Through these Terms, you are granted the right to access and use the App. However, such right is limited, non-exclusive and subject to these Terms and/or Policies and any limitations found within these Terms and/or Policies.

These Terms shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright belonging to SwissBorg or its Affiliates.

These Terms shall not entitle you to copy, sell, license, distribute, transmit, reverse engineer, modify, publish, or participate in the transfer or sale of any of the Service(s), any part of the App or any products.

12. Warranties, Representation and Losses

By using the App, you warrant that you have understood that:

  • these Terms constitute legal, valid and binding obligations against you, which are enforceable in accordance with these Terms and Policies;
  • it is your obligation to ensure that neither your use of the App, nor your use of any Service(s) are in contravention of any applicable laws in your country of domicile and/or residence, whether temporary or permanent;
  • you must be at least 18 years old;
  • activity related to cryptographic assets are risky;
  • you shall not be a national or residing, whether temporarily or permanently in a restricted country of use;
  • you are not a national of a country which is on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List;
  • you represent and warrant that all information disclosed to us in connection with these Terms is true, accurate and complete;
  • you are responsible for the activity that takes place from your account;
  • you are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login credentials and login information;
  • you will not hold us responsible for any liabilities, losses or damages arising out of the unauthorised use of your Passwords;
  • the App and its Service(s) are offered according to their current technological capacity;
  • you do not have any right to modify any parts of the App or of its Service(s).

13. Force Majeure

The Service(s) and the App may be unavailable to you in the event of force majeure, including but not limited to, changes to applicable laws or regulations, cyber-attacks, power blackouts, natural disasters, a nuclear accident, man-made disasters, embargos, riots, power failure, national strikes, strikes, war, terrorist attacks, computer virus/es, acts of third-party service providers and other force majeure.

In the event of Force Majeure, our obligations shall be suspended for the duration of the relevant circumstances, unless the performance of such obligations is not reasonable or practical, in which case we and/or you shall be entitled to immediately terminate the User Account in accordance with the provisions of these Terms.

14. Indemnity

You shall defend, indemnify us and our agents (if any), employees, officers, directors, affiliates, subsidiaries, successors and SwissBorg Group (collectively “us” or “we”), and hold us harmless from any losses arising out of or in connection with the use of the App and/or Service(s) as well as any claim, demand, action, damage, cost or expense, including without limitation attorney fees.

We shall be relieved of liability for partial or total non-performance of our obligations if such non-performance is due to Force Majeure circumstances.

Under no circumstances shall SwissBorg Group be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the App, with the delay or inability to access or use the App, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the App.

15. Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Malta.

The Courts of Malta shall have exclusive jurisdiction to settle any disputes in connection herewith and accordingly submit to the exclusive jurisdiction of such courts.

16. No Sponsoring

Apple is not a sponsor of this Competition and i in no way affiliated with SwissBorg.

17. Communication

Should you wish to communicate with us for the purpose of making a complaint or to make a query, please contact us on support@swissborg.com.

Should you wish to contact us to notify us of a security breach or a technical matter, please contact us on support@swissborg.com. The Support Team will do its best to help you with any issue.

18. Severability

If any provision of these Terms is invalid, illegal, rendered void or incapable of being enforced by any legislation to which it is subject or due to public policy, all other conditions and provisions of these Terms shall nevertheless remain in full force and effect.

The illegality, invalidity or unenforceability of any provision of these Terms under the applicable law shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Appendix I - Numerical Value

By executing the following activities, you will earn the corresponding amount of points.

Login

Daily Login: 200 points
Streak of 7 consecutive Daily Login: 800 points

Risk Level

Risk Level 1: 200 points
Risk Level 2: 500 points
Risk Level 3: 1'000 points
Risk Level 4: 5'000 points
Risk Level 5: 10'000 points

Referral

Referrer Bonus: 3'000 points
Referee Bonus: 3'000 points

Badges

Popular Level 1 - Invite 3 friends: 50 CHSB
Popular Level 2 - Invite 5 friends: 50 CHSB
Popular Level 3 - Invite 20 friends: 50 CHSB

Loyal Level 1 - 7 daily login in a row: 50 CHSB
Loyal Level 2 - 14 daily login in a row: 50 CHSB
Loyal Level 3 - 21 daily login in a row: 50 CHSB

Psychic Level 1 - 3 successful forecasts: 50 CHSB
Psychic Level 2 - 10 successful forecasts: 50 CHSB
Psychic Level 3 - 25 successful forecasts: 50 CHSB

Risk Taker Level 1 - Forecast with Risk Level 3: 50 CHSB
Risk Taker Level 2 - Forecast with Risk Level 4: 50 CHSB
Risk Taker Level 3 - Forecast with Risk Level 5: 50 CHSB

Overachiever Level 1 - Earn 5'000 points: 50 CHSB
Overachiever Level 2 - Earn 25'000 points: 50 CHSB
Overachiever Level 3 - Earn 50'000 points: 50 CHSB

Hall of Fame - Collect Level 3 of all badges: 1'000 CHSB

Price Pool Cap: $500'000.00