Zenvest – TERMS OF USE





Welcome to Zenvest. 



The present Terms of use (hereinafter: the “Terms”) aims to establish the legal framework and conditions governing the utilization and provision of the following Website: https://www.zenvestmarket.com (hereinafter: the “Website”) and the associated services as described in Section IV (the “Services”) by individuals (hereinafter: the “User” or “You”). 



The Website belongs to and is operated by Zenko.AI SA, a Swiss Company established under Swiss laws (hereafter: “Zenvest”, “We”, “Our”, or “Us”). The reproduction or any other use of this Website does not alter the property rights of Zenko.



  1. ACCEPTANCE



By accessing or using the Website and the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms, our Privacy Policy https://www.zenvestmarket.com/policy and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from accessing or using the Website and its related Services.



In particular, you acknowledge that you have read and understood the clauses in these Terms relating to: Intellectual Property; Disclaimer of Warranties; Limitation of Liability; Privacy; Risk Factors; and the manner in which we may make changes to these Terms.



Your consent is given once you tick the box in the pop-up window which appears upon your first use of the Website or the Services and which says: “I warrant that I read and understood the terms “Zenvest – TERMS OF USE” and agree to be bound by them”.



By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the terms contained in the English version of the Terms as well as all the commitments, warranties, waivers and obligations contained in the English version of the Terms.



If you are using the Website and its related Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.




  1. DEFINITIONS 



OCPmeans an Zenko’s account and a digital identity created by users, providing a unique presence within the ZenkoWorld's ecosystem.Servicesmeans the services ascribed in Section IV. Termsmeans these Terms of use, as amended from time to time.Ticketrepresents a right or participation ticket, only usable in the Zenko ecosystem, which users may acquire for specific events or activities or purchase. These Tickets are non-transferable, non-ceasable, and non-sellable. Tickets serve as exclusive rights or participation tickets within the ZenkoWorld’s ecosystem. 



  1. THE WEBSITE 



The Website is provided to you on an “as is” basis, without warranties of any kind, either expressed or implied.



Zenko grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and our policies.



If you provide us with any feedback on or comments regarding the Website or the related Services, you grant Zenko the right to use such feedback or comments for any purpose without restriction or payment to you.



  1. DESCRIPTION AND SCOPE OF THE SERVICES




Zenko will offer the following services (hereinafter: the “Services”) on the Website: 



  1. OCSA Offerings  



This Section may be adapted from time to time. 



  1. OCSA Offerings  



Description



On the Website, you will be able to participate in OCSA Offerings (the “Offerings”).

OCSA are on-chain smart assets, crypto-assets created and issued by Zenko or another specified entity (the “Issuer”) and entitle their owner to participate in the earnings generated by a Solution provides by the Zenko Community. 



The OCSAs function as revenue-generating tokens. Each type of OCSA is linked to a predetermined solution. Currently, the OCSAs offered on the Website are exclusively related to solutions developed by Zenko.



Eligibility 



To participate in any Offerings individuals must be natural persons and legally capable of entering into agreements in accordance with the laws of their jurisdiction. Users must be either 18 years of age or have reached the age of majority according to the law of their respective jurisdictions to be eligible for participating in any Offerings. By participating in any Offerings, individuals represent that they meet the legal age requirements in their jurisdiction and have the legal capacity to enter into agreements.



Legal entities, including but not limited to corporations, partnerships, and other duly constituted entities, may participate in any Offerings. Legal entities must be validly and legally constituted in accordance with the laws of their jurisdiction and have the legal capacity to enter into agreements. The individual participate in any Offerings on behalf of a legal entity must have the authority to act on behalf of the entity and bind it to the terms and conditions of the Website. 



Zenko reserves the right to verify the eligibility of users by requesting documentation or information to confirm compliance with legal requirements. Users agree to promptly provide any requested documentation or information for the purpose of eligibility verification.



Conditions of Sale



Details regarding the price per OCSA, the number of OCSAs issued per solution, the share of revenue each OCSA represents, the revenue calculation basis, the revenue cadence, the vesting and blocking period, and other rights and conditions specifically related to each type of OCSA are specified in the term sheet of the respective solution. When you proceed with the purchase of OCSAs, you accept the characteristics of the OCSA as specified in the aforementioned term sheet. 



For each Offering, a minimum investment amount is set under the related term sheet. In the event that this minimum investment amount is not reached at the end of the Offering, all invested amounts are refunded.



KYC Verification



To participate in any Offerings, users are required to undergo a Know Your Customer (KYC) verification process. The primary purpose of KYC verification is to ensure the legitimacy of user identities and to comply with regulatory requirements.



During the KYC process, Zenko will collect and verify certain personal information provided by the user. This may include, but is not limited to, full name, date of birth, address, government-issued identification, beneficial owners and other relevant details. Zenko reserves the right to request additional information and documentation to ensure ongoing compliance with relevant laws and regulations.



Zenko may, at its discretion, use third-party services to assist in the KYC verification process. By participating in any Offerings, users consent to the sharing of their information with such third-party verification services. Zenko or third-party is committed to maintaining the confidentiality and security of the information collected during the KYC process. All data will be handled in accordance with applicable data protection laws and regulations and following Zenvest Privacy Policy https://www.zenvestmarket.com/policy.



By participating in any Offerings, the users represent and warrant that all information provided during the KYC verification process is truthful, accurate, and complete. Users are responsible for keeping their KYC information accurate and up-to-date. Any changes to personal information must be promptly communicated to Zenko. 



Users acknowledge and agree that failure to undergo KYC verification or providing false or misleading information may result in the suspension of the possibility to participate in any Offerings and access to certain features and services.



Important Notice 



Potential investors should note that participation in Offerings is subject to limitations imposed by applicable securities laws in various jurisdictions. The information contained herein shall not constitute an offer to sell or the solicitation of an offer to buy, in any jurisdiction in which such offer or solicitation would be unlawful prior to registration, exemption from registration or qualification under the securities laws of any jurisdiction. The Offerings herein are primarily intended for natural persons and legal entities with registered residences and offices in Switzerland. Other prospective investors shall be sole responsible to ensure that they are allowed to receive information on the Offerings and subscribe under the laws applicable in their respective jurisdiction.



No action has been or will be taken by Zenko that would, or is intended to, permit a public offering of OCSA, in any country or jurisdiction other than Switzerland where action for that purpose is required. Each prospective investor must comply with all applicable laws and regulations in force in any jurisdiction in which it purchases, offers or sells OCSA and must obtain any consent, approval or permission required for the purchase, offer or sale by it of OCSA under the laws and regulations in force in any jurisdiction to which it is subject or in which it makes such purchases, offers or sales, and Zenko shall not have any responsibility therefor.



Zenko is neither a bank, an exchange or multilateral trading facility, a securities firm, a collective investment scheme (fund), a collective scheme investment manager, an asset manager, or otherwise a financial institution and is neither authorized to act as such nor monitored by any financial market supervisory authority, including the Swiss Financial Market Supervisory Authority FINMA (“FINMA”). Any other information material relating to the Offerings have not been and will not be filed with or approved by any Swiss or foreign regulatory authority.



OCSA are long-term entrepreneurial risks. Potential investors shall be aware that the subscription amount is used for entrepreneurial purposes of the Issuer. Despite commercial diligence, it may occur that the development of the investments made with the subscription amount is negative and no profit participation will occur. The subscription of the OCSA is related to substantial risks and may lead to total loss of the amount invested. Potential investors must be able to cope with such a loss at all times. 



The Issuer does not warrant or guarantee the recoverability or positive performance of the investments made with the subscription amount. Potential investors are not a shareholder in the Issuer and its assets; there is also no option or conversion right to such a participation. 



List of forbidden jurisdictions



Individuals domiciled or entities having their registered office or place of administration in the following jurisdictions/countries are not entitled to subscribe to the OCSA:



  • Individuals domiciled or entities having their registered office or place of administration in a country (i) mentioned in the Financial Action Task Force (FATF) list of countries that have strategic anti-money laundering ("AML") or Combating the Financing Terrorism (CFT) deficiencies for which they have developed an action plan, considered by FATF as not making sufficient progress, (ii) which suffers sanctions from the Swiss State Secretariat for Economic Affaires (SECO), the US Office of Foreign Asset Control (OFAC) or other international sanctions, or (iii) for which AML alerts from local authorities (including regulators or equivalent) are issued (including the French TRACFIN or equivalent); 

  • Afghanistan, Belarus, Burma (Myanmar), Central African Republic, China, Democratic Republic of the Congo, North Korea, Cuba, Haiti, Hong Kong, Iran, Iraq, Lebanon, Libya, Russia, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, Yemen, Zimbabwe. 



Zenko is free to complete this list at any time without having to modify this Terms. 



Risks Factors 



Crypto-assets and other assets are subject to technology-specific and other particularities, limitations and developments, and may be affected by various events. Crypto-assets are new, and the underlying technology, the blockchain, remains untested.



You acknowledge that there are high risks associated with participating in Offerings, especially in a nascent environment like the crypto-assets and the blockchain/distributed ledger technologies. In this context, some risks are already identified, but some may not be identified. For this reason, risks related to the Offerings are high and may lead to the loss, damage, deletion, removal, destruction, unavailability, inaccessibility and/or confiscation of all or part of your crypto-assets, risks that you fully acknowledge without reservation.



You also acknowledge risks related to the fact that Zenko is making the Offerings available through the Internet and/or through other means mutually acceptable to you and Zenko, and that access to the Internet and the Offerings is dependent on numerous factors, technologies and systems, all of which are beyond the authority and control of Zenko. You acknowledge and agree that Zenko shall not be liable or responsible for any of your inability to access the Offerings due to blockchain and/or computer network issues.



Zenko takes commercially reasonable measures to identify and mitigate the risks associated with crypto-assets. Such risks include without limitation the following:



  • hacking and other attacks and attempts by third parties, in particular with respect to data establishing access to and enabling the disposition over crypto-assets, or individual transactions in crypto-assets; including but not limited to, denial of service attacks, smurfing, malware attacks or consensus-based attacks;

  • data theft, including hardware theft by physical intrusion;

  • the failure of hardware, software, solutions, third-parties services and/or solutions, and internet connection;

  • loss of data;

  • internal or external fraudulent activities;

  • communication failures, disruptions, errors, distortions or delays you may experience when participating in Offerings;

  • rules and conditions of the network protocols, including but not limited to bonding, lock-up, blocking, freezing periods, vesting, slashing ineligibility to receive crypto-assets or benefits for partial periods and minimum balances required.



Finally, holding crypto-assets and other assets may involve particular risks on the markets. Consequently, Zenko shall not be responsible for any damage or loss resulting from the general investment risk in the markets, or due to the holding of crypto-assets in any country, including (but without limitation) any damages, losses or costs resulting from nationalization, civil unrest, any act by an administration or other acts or threats by any authority (de jure or de facto), expropriation or any other governmental act, regulations enacted by regulatory authorities in the banking or finance sector, any change in market regulations, currency devaluation, exchange control, or market conditions affecting the proper performance of transactions on securities or the value of assets of any kind.



In addition to the risk stipulated above, there are other risks that Zenko cannot foresee at the time of the Terms and may depend on internal and external factors. Risks may also occur as unanticipated combinations or as changes, evolution, or adjustments of the risks stipulated above. Zenko provides no guarantee against the consequences of such risks. Zenko does not warrant nor guarantee in any form whatsoever the integrity of the crypto-assets related to the Offerings.



You acknowledge and accept that Zenko shall not be held responsible for any of the aforementioned risks. The list is nevertheless not exhaustive.



Tax Matters 



Each user acknowledges and agrees that they are solely responsible for managing and complying with any tax obligations arising from their activities on the Website. Users understand that any purchases, investments, rewards, benefits, or transactions on the Website, may have tax implications.



Zenko does not provide tax, legal, or financial advice. Users are strongly encouraged to seek independent professional advice from qualified tax consultants, legal advisors, or financial experts to assess their individual tax situation. 

 

Users are responsible for determining whether any purchases, investments, rewards, gains, or transactions on the Website constitute reportable income in their respective jurisdictions and for reporting such income to the relevant tax authorities. Users agree to comply with all applicable tax laws, regulations, and reporting requirements in their jurisdiction related to their activities on the Website.



Users acknowledge that the tax treatment may vary based on local regulations and is subject to change. Users should stay informed about the tax implications of holding or transacting with these assets.





  1. PRIVACY POLICY



You agree that Zenko may collect, process and use personal data about you according to the Privacy Policy available here: https://www.zenvestmarket.com/policy.





  1. USER CONDUCT AND PROHIBITED ACTIONS



You are solely responsible for all your actions performed through the Website or the Services. 



You may solely make a legal use of the Website or the Services and any illegal or inappropriate use of the Website or the Services is banned. In particular, you agree to use the Website or the Services lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website or the Services:



  1. engage in any activity that is illegal, unlawful, or prohibited by laws applicable in your jurisdiction or internationally;



  1. attempt to gain unauthorized access to any accounts, networks, or systems connected to the Website or the Services;



  1. infringe upon intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or other proprietary rights of any party;



  1. introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;



  1. conduct hacking activities, interfere with, or disrupt the integrity or performance of the Website or the Services, their networks, or servers;



  1. promote illegal activities or provide instructional information to other parties to commit illegal activities;



  1. engage in data mining, data scraping, data harvesting, or any other similar activity in relation to the Website or the Services, its users, or its content without our express written consent;



  1. use the Website or the Services for fraudulent or deceptive purposes, including phishing, scamming, or misrepresenting information or identity;



  1. violate the privacy of others or infringe on their rights, including but not limited to posting or sharing personal information without consent;



  1. engage in abusive, harassing, or offensive behavior towards other users, including hate speech, bullying, or any form of discrimination;



  1. misuse blockchain features of the Website or the Services for any unlawful activities, such as tampering with blockchain records, attempting to reverse transactions, or engaging in blockchain-based attacks;



  1. use the Website or the Services in breach of international sanctions or trade embargoes imposed by the United Nations or specific countries;



  1. post, share, or distribute content that is illegal, obscene, defamatory, libelous, threatening, or otherwise objectionable; and



  1. violate any terms and conditions laid out in these Terms or the Privacy Policy.



Please note that this list is not exhaustive and additional actions may be considered inappropriate or unlawful.



  1. AVAILAIBILITY AND LOCAL RESTRICTIONS



The Services available on the Website are permitted in Switzerland. They are not intended for persons who, due to their nationality, place of business, domicile, or other reasons, are subject to a legal order that prohibits the use of foreign virtual asset service providers or that prohibits or restricts access to the websites of foreign virtual asset service providers.



Zenko does not advertise any financial services in Switzerland and in other countries. The Website may contain information, which could be considered by the authorities of the above-mentioned countries as a public offer of financial securities or as financial solicitation intended for persons domiciled in those countries. If you are domiciled outside of Switzerland, you confirm that you are using the Website on your own initiative, without having been solicited by Zenko. You also confirm that you are entirely and solely responsible for finding out whether the legislation applicable to you, such as the legislation of your place of residence, authorizes you to use the Services.



In case of any conflict between the use of the Website or the Services and local laws, you are prohibited from using this Website and the Services, and by doing so, you acknowledge that you do it at your own risk and against these Terms.



  1. PRIVACY 



We value your privacy and employ blockchain technology to enhance security. Our Privacy Policy are explained in detail to describe how we collect, use, and disclose your information. By using the Website, you consent to our Privacy Policy [insert link] and acknowledge the utilization of blockchain technology.




  1. INTELLECTUAL PROPERTY



The Website and the Services and their original content, features, and functionality are and will remain the exclusive property of Zenko. Website and the Services are protected by copyright, trademark, and other laws.



You will respect our property rights in the Website and software used to provide the Website and the Services (including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights and other intellectual property rights).



All Intellectual property rights in the Website and the Services not expressly granted herein are reserved to Zenko. All copyright and other proprietary notices shall be retained on all reproductions. Any other use, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of Zenko is strictly prohibited.



You may not derive or attempt to derive the source code of all or any portion of the software or mobile software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the software or any part thereof.



  1. DISCLAIMER OF WARRANTIES



THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “UNDER DEVELOPMENT” BASIS AND ZENKO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL CONTENT AVAILABLE ON THE WEBSITE ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONTRACTUAL OR BINDING IN ANY WAY FOR ZENKO. YOU SHOULD NOT RELY UPON THIS CONTENT IN ANY WAY. ZENKO DOES NOT GIVE ANY WARRANTY IN RELATION TO THE WEBSITE, THE SERVICES, THE SOFTWARE, THE BLOCKCHAIN AND CONTENT NOR WITH ANY INFORMATION PUBLISHED OR AVAILABLE ON THE WEBSITE, SHOULD IT BE ITS AVAILABILITY, ACCURACY OR LAWFULNESS. ZENKO SHALL NOT VERIFY, UPDATE OR CORRECT SUCH INFORMATION. ZENKO DOES NOT WARRANT THAT THE WEBSITE AND THE SERVICES WILL BE AVAILABLE AT ALL TIMES AND EXPRESSLY RESERVES THE POSSIBILITY TO DISCONTINUE THE WEBSITE OR THE SERVICES WITHOUT NOTICE. ZENKO DOES NOT REPRESENT OR WARRANT THAT THE USAGE OF THE WEBSITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR ANY DEFECTS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.



THE WEBSITE OR THE SERVICES MIGHT BE SUBJECT TO TEMPORARY DOWNTIME. FROM TIME TO TIME, WE ALSO UPDATE OR MAINTAIN THE WEBSITE OR THE SERVICES, WHICH WILL RESULT IN THE WEBSITE AND/OR THE SERVICES NOT BEING AVAILABLE FOR A CERTAIN PERIOD OF TIME. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES OPERATE UNINTERRUPTED OR ERROR FREE. 



  1. LIMITATIONS OF LIABILITY



THESE TERMS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE WEBSITE AND THE SERVICES.



YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICES ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT POSSIBLE BY LAW, ZENKO SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY THEORY OF RESPONSIBILITY OR LIABILITY, FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF DATA, USE, OR PROFITS; BUSINESS INTERRUPTIONS; OR ANY OTHER DAMAGES OR LOSSES), FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES, OR FOR ANY COSTS OR FEES (INCLUDING ATTORNEYS’ FEES), WHETHER UNDER THESE TERMS OR OTHERWISE, ARISING IN ANY WAY IN CONNECTION WITH YOUR ACCOUNT, THE VPN SERVICES, OR THESE TERMS, WHETHER ARISING AT LAW, IN EQUITY, OR OTHERWISE, AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), COMMON LAW, STATUTE, EQUITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE WEBSITE OR THE SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 



WITHOUT LIMITATION OF THE FOREGOING, ZENKO CANNOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE, LOSS, DELAY, OR INCONVENIENCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO WAR, THREAT OF WAR, RIOTS, CIVIL STRIFE, OR TERRORIST ACTIVITY, INDUSTRIAL DISPUTES, NATURAL OR NUCLEAR DISASTERS, FIRE, AIRPORT CLOSURES, BAD WEATHER CONDITIONS, INTERRUPTION OR FAILURE OF A UTILITY SERVICE OR THE ACTS OF ANY LOCAL OR NATIONAL GOVERNMENT.



WITHOUT LIMITATION OF THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ZENKO FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES SHALL NOT EXCEED CHF 100 OR THE AMOUNT YOU PAID US, IF ANY, FOR USE OF THE WEBSITE OR THE SERVICES WHICHEVER AMOUNT IS GREATER. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.




  1. INDEMNITY



You agree to defend, indemnify and hold harmless Zenko, and any parents, subsidiaries, or third-party contractors and each of their respective directors, officers, employees and agents from and against all third party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys’ fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website or the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by Zenko or a third-party in relation to the Website or the Services; (c) your violation of any applicable law or any rights of any third-party.




  1. RESERVATION OF RIGHTS



Zenko may block, terminate, or suspend your ability to use the Website or the Services, in whole or in part, without notice and at any time, at the sole discretion of Zenko, as well as close or interrupt the Website or the Services. In particular, Zenko reserves the right to terminate your right to use the Website or the Services if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for Zenko. Zenko reserves the right to initiate legal proceedings against any person for fraudulent use of the Website or the Services and any other unlawful acts or acts or omissions in breach of these Terms.



Zenko may also restrict access to the Website or the Services if the stability and security of the operation, the maintenance of the integrity of the network, in particular the prevention of serious disruptions to the network, the software or the stored data require such action. 



  1. LINKED WEBSITES



Activating certain links on the Website may, under certain circumstances, cause you to leave the Website. Zenko has not checked the websites linked to the Website and does not explicitly or implicitly guarantee the quality, relevance, accuracy, completeness, updating, availability, and legality of their content, and does not assume any responsibility for the products and services, information and other content offered by these linked websites.



In addition, prior written authorization must always be obtained before placing a link from an external website to the Website.



  1. NO WAIVER



Zenko’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.




  1. CONTACTING ZENKO AND COMPLAINTS



Zenko hopes to be able to answer any questions or concerns you have about your personal data. You have the right to make a complaint if you feel your personal data has been mishandled or if Zenko has failed to meet your expectations. You are encouraged to contact Zenko about any complaints or concerns, but you are entitled to complain directly to the relevant supervisory authority.




  1. CHANGES TO THE TERMS



Zenko may modify these Terms from time to time and will post the most current version on the Website. If a modification reduces your rights, it will inform you immediately when you will use our Website or Services and you will have to accept the changes.




  1. ENGLISH VERSION



If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms, the provisions of this English language version shall prevail. Any translated versions of the Terms or the Privacy Policy are provided only for your convenience.




  1. JURISDICTION AND GOVERNING LAW



This Policy and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.



Any dispute relating to this Policy must exclusively be brought before the courts of Neuchâtel, Switzerland, subject to an appeal to the Swiss Federal Court.




  1. CONTACT



To ask questions or make comments on these Terms or to make a complaint about our compliance with applicable laws, please contact us through:



a. our contact form available on our website: https://www.zenvestmarket.com

b. our email address: legal@zenko.ai; or

c. our address: Zenko.AI SA, rue des Prés 33, 2017 Boudry, Switzerland.



We will acknowledge and investigate any complaint pursuant to these Terms.