Terms of Service

Kuende Swiss GmbH (“Kuende Swiss“) is a commercial entity proceeding to the sale of the Kuende Token (“ICO“) for the sole purpose of developing and financing its commercial activity and to execute its vision in strict compliance with its company purpose. Kuende Swiss leverages the power of blockchain technology to provide a social media platform (“Kuende Platform“) that actively encourages self and social development of its users, through gamified challenges. Our mission is to create dynamic, evolving and socially engaged communities that share specific points of interest and connect in real life.

When this Terms of Service (“ToS“ or “Terms“) and privacy policy (“Privacy Policy“) mentions “Kuende Swiss“, “website“, “Kuende ecosystem“, “we“, “us“ or “our“, they refer to the Swiss legal entity Kuende Swiss GmbH, IDE [_], headquartered at Arbachstrasse 2, Kanton Zug, 6340 Baar, Switzerland.

By accessing or by using the Kuende Swiss Website, as defined by this ToS and by the Privacy Policy, you are expressly accepting our terms and conditions of this ToS.

The cryptographic tokens are referred to in these Terms and Privacy Policy as "KUE Tokens".

By accessing or by using the Kuende Swiss website (“the Website“), as defined by these ToS and by the Privacy Policy, you are expressly accepting the terms and conditions of these ToS. These terms and conditions are a legally binding contract between you and Kuende Swiss. By accessing, browsing or otherwise using the Website, you acknowledge that you have read and understood these ToS and Privacy Policy and agree to be bound by them and to comply with all applicable laws and regulations. You warrant that you have the legal capacity to enter into this contract. If you do not agree with these Terms or with Privacy Policy, you shall immediately refrain from​ ​accessing​ ​and/or​ ​using​ ​the​ ​Website.

The Privacy Policy is part of the Terms of Service for this Website, but has its own binding obligations apart from those provided within Point I below.

1. The Basics

These Terms provide certain information concerning the purchasing and using KUE Tokens and do not purport to contain all information relating to KUE Tokens or to ICO. The Website aims to present Kuende Swiss, the Kuende team, the Kuende Whitepaper, as well as to enable performing the ICO.

1.1. Content

The Website provided by Kuende Swiss is always evolving, its form and/or nature may be subject to change over time at Kuende Swiss’ sole discretion. In case any changes appear, which may alter the User’s rights and obligations, you will be duly notified and, in order to continue using the Website, must agree to said changes. Any changes which regard technical aspects, optimization proceedings or which do not alter the User’s rights and obligations, will not be notified. Your continued use of the Website after any such changes, with or without having explicitly accepted the new Terms, shall constitute your consent to such changes. You are responsible for verifying regularly these Terms in at their current and in effect version from time to time, an up-to-date version of which may be retrieved any time on the Website.

1.2. User

We define a “User“ as any individual, authorized individual or legal entity who accesses or uses our Website. Any individual who wants to become a User must be of 18 years old or of the age of reaching full legal capacity in the state of domicile of the respective user.

By accessing or using the Website, you hereby consent and warrant that you have full capacity to contract under the applicable law.

If you are using the Website on behalf of any entity, you are authorised to accept these ToS on such entity’s behalf and that such entity will be responsible for any damage arising out of a breach of these ToS by you or any other employee or agent of such entity (in such event references to “you“ in these ToS refer to you and such entity, jointly).
We reserve our right to suspend, delete or otherwise sanction any User, as per the provisions of the ToS and of the Privacy Policy herein.

1.3. User Account

In order to use the Website, the User may create an account (“Kuende Swiss Account” or “Account”) by filling an online form with the following information: surname, email address and password. After receiving the request to create a User Account, Kuende Swiss will send an email (“Preliminary Confirmation Email”) to the address declared in the Account form containing a hyperlink. In order to create a valid Account on the Website, you have to access the hyperlink in and activate your Account, within 48 hours after receiving our Preliminary Confirmation Email.

If you do not access the hyperlink within the Preliminary Confirmation Email, your request for creating an Account will be permanently deleted.

After you access the hyperlink, Kuende Swiss will send you an email confirming the creation of your Account.

If you receive a confirmation email from Kuende Swiss without priorly filling the Account form on the Website, you should ignore the email containing the confirmation hyperlink and Kuende Swiss will not create an Account on the Website.

1.4. Technology Limitations

Kuende Swiss is generally compatible with most devices and operating systems. However, when using our Website in connection with older devices and/or various operating systems, you might encounter technical issues, including complete incompatibility. We encourage you to promptly report at [email protected] such technical issues. In this respect, Kuende Swiss and its successors are in no way liable.

Kuende Swiss may be subjected to events which could lead to it stopping, permanently or temporarily, the Website services or any related features to its Users. Kuende Swiss will give prior notice to its Users, unless it is unable to do so, as per the ToS and general law.

1.5. Intellectual Property Rights

"Intellectual Property Rights" means any and all copyrights, patents, registered design, design rights, database rights, trademarks, trade secrets, know-how as well as any other industrial right, registered​ ​or​ ​unregistered.

The Website as well as all layouts, texts and designs displayed on the Website and all of its related rights, including intellectual property rights, belong to Kuende Swiss GmbH. If you require additional information, feel free to contact us at [email protected].

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.

2. Use of Content

We strongly suggest that all Users review these Terms and Privacy Policy, as to better understand and comply with the terms and conditions set forth hereunder when using the Website.

For the avoidance of any doubt, all Users are required to use the Website only in compliance with the laws of the User’s country of residence and the laws of the country from which you access this Website. You may solely use this Website according to the ToS herein, the Privacy Policy and the applicable legislation. Any​ ​illegal​ ​or​ ​inappropriate​ ​use​ ​of​ ​the​ ​Website​ ​is​ ​strictly prohibited.

Kuende Swiss and all of its successors reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. satisfy any applicable law, regulation, legal process or governmental request;
  2. enforce the Terms, including investigation of potential violations hereof;
  3. detect, prevent, or otherwise address fraud, security or technical issues;
  4. respond to the Users’ support requests;
  5. protect the rights, property or safety of Kuende Swiss, its Users and the public.

Neither Users, nor third parties may undertake in any way, shape or form the following while accessing or using the Website:

  • access, tamper with or use non-public areas of the Website, Kuende Swiss’s computer or server systems, or the technical delivery systems of Kuende Swiss’s providers;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes on or through the Website
  • probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Kuende Swiss (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kuende Swiss (NOTE: crawling the Website is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Website without the prior consent of Kuende Swiss is expressly prohibited);
  • forge any TCP/ IP (i.e. Transmission Control Protocol/Internet Protocol address) packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
  • interfere with or disrupt, or attempt to do so, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or by mail-bombing the Website.
  • upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of users or of any third party without the person’s prior explicit consent;
  • copy, modify, or distribute rights or content from the Website, including photos or videos, in any way;
  • facilitate or assist another person to do any of the above acts.

Any User or third party that violates or infringes in any way the provision of this section is fully liable and Kuende Swiss reserves its right to pursue all necessary legal proceedings against the infringer, as well as to suspend or delete their Account, and/or ban/block their IP address.

3. Newsletter

Kuende Swiss offers Users the option to subscribe to our newsletter in order to receive information about Kuende Swiss, KUE Tokens, ICO or other commercial information. In order to subscribe to our newsletter you must access the newsletter form in the Website and provide us with a valid email address.

After receiving the request for subscription to the newsletter, Kuende Swiss will send an email to the address declared in the newsletter form containing a hyperlink. In order to activate the subscription to the newsletter, you have to access the hyperlink.

After you access the hyperlink, Kuende Swiss will send you an email confirming your subscription to the newsletter.

You are able to amend your preferences at any time to receive our newsletter by pressing the unsubscribe button within the footer of every email received.

If you receive a confirmation email from Kuende Swiss without priorly filling the newsletter form on the Website, you should ignore the email containing the confirmation hyperlink and Kuende Swiss will not register you for the newsletter.

4. Availability

The Website and its content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Website and content in certain territories and jurisdictions.

5. Indemnification

To the fullest extent permitted by applicable law, you expressly agree and undertake to indemnify, defend, and hold harmless Kuende Swiss from and against all actual or alleged damages, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, in law or equity, whether in tort, contract or otherwise, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:

  • your use, inability to use or misuse of the Website;
  • your violation of these ToS, Privacy Policy, warranties, or instructions provided Kuende Swiss or a third party in relation to the Website;
  • your violation of any applicable law or any rights of any third party.

You agree to promptly notify Kuende Swiss and cooperate with Kuende Swiss in defending such claims. You further acknowledge and expressly agree that Kuende Swiss shall have full control of the defence. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Kuende Swiss.

6. Disclaimers

You expressly acknowledge and agree that your access to and use of the Website is at your sole risk. Any information is provided for general information purposes only and Kuende Swiss does not provide any warranty as to the accuracy and completeness of this information. All information provided herein that is forward-looking is speculative in nature and may change in response to numerous outside forces, including technological, innovations and/or regulatory factors.

Unless expressly specified otherwise, the Website is currently under development and is not currently deployed. Kuende Swiss makes no warranties or representations as to the successful development, implementation or deployment of any technologies and innovations or achievements of any other activities on the Website.

Kuende Swiss does not represent or warrant that:

  • the operation of the Website will be secure, uninterrupted, error-free or virus-free;
  • ​​any​ ​defects​ ​in​ ​the​ ​Website​ ​will​ ​be​ ​corrected.

ALL CONTENT AVAILABLE ON THE WEBSITE, INCLUDING KUENDE SWISS’ WHITEPAPER, ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONTRACTUAL OR BINDING IN ANY WAY FOR KUENDE SWISS. YOU SHOULD NOT RELY UPON THIS CONTENT IN ANY WAY.

KUENDE SWISS DOES NOT GIVE ANY WARRANTY IN RELATION TO THE WEBSITE, THE SOFTWARE AND CONTENT NOR WITH ANY FUNCTION, INFORMATION PUBLISHED OR AVAILABLE ON THE WEBSITE, SHOULD IT BE ITS AVAILABILITY, ACCURACY OR LAWFULNESS. KUENDE SWISS SHALL NOT VERIFY, UPDATE OR CORRECT SUCH INFORMATION. KUENDE SWISS DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES AND EXPRESSLY RESERVES THE POSSIBILITY TO DISCONTINUE THE WEBSITE WITHOUT NOTICE.

NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY KUENDE SWISS WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

7. Limitation of Liability

In no event is Kuende Swiss liable or responsible for any damages arising out of the Terms, caused by using the Website. The services are provided on the Website on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind. The User acknowledges that Kuende Swiss does not guarantee that the services will always be uninterrupted, safe, secure, non- infringing or technically functional.

In no event is Kuende Swiss liable or responsible to any other party or third party for any damages of any kind or loss of profits or revenues relating to the use of the Website or access of a User on the Website.

Kuende Swiss shall in particular not be liable for any damages of any kind, including loss of income or data, suffered by the User or any other person, by act of Kuende Swiss or of a third party. This includes any misuse that would be made of the User’s data or of the User’s content, any virus or other forms of malware transmitted through the Website or the server, as well as any non-compliance of users with these Terms.

Kuende Swiss shall have no liability for any personal injury lost profits or other consequential, special, punitive, indirect, or incidental damages, arising from or related to your use or inability to use the Website. Notwithstanding anything to the contrary in these Terms, nothing in these Terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence.

In no event shall the aggregate liability of Kuende Swiss arising out of or relating to the use of or inability to use the Website exceed CHF 100. You hereby expressly acknowledge and agree that any claim filed more than one (1) month after the discovery of the alleged liability of Kuende Swiss shall be time-barred.

8. Final provisions

8.1 Legal Disputes

In the event that any legal disputes arise between Kuende Swiss and any of its Users, the parties involved will try to settle the issue in an amicable way or by mediation/alternative dispute resolution. In case one of the parties decides to move forward with legal action, the law governing the dispute will be Swiss law.

8.2 Force Majeure

We are not liable or responsible in any way in the event of Force Majeure, respectively any event beyond the control of Kuende Swiss, its affiliates or its commercial partners, which prevents us from complying with any of obligations under these ToS and/or Privacy Policy, including, but not limited to denial-of-service attacks, failure by a third party hosting or utility provider, unforeseen technical issues, strikes, riots, fires and any other acts of God, war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo.

8.3 Severability

In the event that one or more of the provisions in the ToS and/or Privacy Policy herein are considered unenforceable, invalid or void, the rest of the provisions will still be in force and effective.

8.4 Governing Law and Arbitration

The present ToS and/or Privacy Policy and any disputes arising out of or related hereto will be governed exclusively by the laws of Switzerland, with the exclusion of the conflict of rules or the United Nations Convention on the International Sale of Goods.

You agree to seek an amicable settlement prior to bringing any legal action. Any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules.