These terms of use ("Terms of Use") are entered into between the Polimec Foundation, a foundation established under the laws of Switzerland and domiciled at Zug, Switzerland ("Polimec" or "we") and each person that is using or accessing our services ("you"). These Terms of Use, together with our privacy policy (https://www.polimec.org/privacy-policy) (the "Privacy Policy"), govern your access to and use of the Polimec websites (https://www.polimec.org/), the Polimec application, the affiliated websites, any data, information, tool and other services that link to these Terms of Use for any fund raising project on Polimec (collectively "the Services").

You may use our Services only on the condition that you understand and accept the Terms of Use and the Privacy Policy. Any further use of or access to the Services or any part of it means you have read and understood the Terms of Use and the Privacy Policy and agree to be bound by all parts of the Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use our Services.

Application of these Terms of Use

These Terms of Use apply to your use of and access to the Services, or any part thereof.

Other terms outside of these Terms of Use may apply to you, if you use other websites, links or apps linked or available on any of our offered Services. Such other terms apply in addition to these Terms of Use.

What You Need to Know

The Services do not offer financial or other advice, the acquisition, and sale of financial instruments or other assets by us or another user for your account, portfolio management, investment management, or any consulting or advisory services to you by us or any other user and are not an invitation to you to subscribe for or purchase any securities, any other financial instruments or other assets. We are also not offering any deposit or custodial services for cryptographic or other assets. We are not a bank or financial institution and do not provide financial services or financial market infrastructure. We are a software development and deployer, offering an application for users to invest or otherwise contribute in third-party-defined, managed, and offered projects ("Projects"). We do not provide, solicit for, advertise, endorse, or validate any Projects or Third-Party Offerings (defined below).

Only you have access to your assets held with third-party wallet solutions. Viewing your balances of assets in the Services is thus only possible if the third-party wallet solution where you hold your assets is compatible with the Web3 library (allows the connection with third-party wallets) integrated in the code of our Services.

Third-Party Offerings

Investment and contribution opportunities in Projects displayed through the Services are offered by independent third parties ("Third-Party Offerings").

By accessing Third-Party Offerings, you acknowledge that:

• all information in connection with Third-Party Offerings is provided solely by their creator and may not be construed as advice or invitation to any person by us to subscribe for or purchase any securities, any other financial instrument or any other asset or as an invitation or an offer to sell or a solicitation of an offer to subscribe for or purchase any securities, any other financial instrument or any other asset in any jurisdiction, even if such an invitation, offer or solicitation can lawfully be made by us without compliance with any registration or other legal requirements.
• using the Services to access the Third-Party Offerings is neither legal, business, tax, accounting, investment, consulting or advisory, purchase nor other advice.
• when you access Third-Party Offerings through our Services you are urged to consult your own advisers as to legal, business, tax, regulatory, accounting, financial and other consequences of a potential investment in Third-Party Offerings.
• the access and use of the information contained in Third-Party Offerings is subject to the conditions set out therein and according to the instructions of the publishing party.
• the distribution of the information contained in Third-Party Offerings may be restricted, confidential, and accordingly, you have to inform yourself about and to observe such restrictions.
• you shall not disclose, publish, or disseminate any information contained in Third-Party Offerings to any third party without the prior written consent of the offeror, except to your employees, agents, or representatives who have a need to know such information for the purpose of evaluating the offeror's product, service, or offer, including but not limited to entering the evaluation or funding round of the relevant offeror and who are bound by confidentiality obligations at least as restrictive as those stated herein.
• you may use any information contained in Third-Party Offerings solely for the purpose of evaluating the offeror's product, service, or offer, including but not limited to entering the evaluation or funding round of the relevant offeror. Any other use of such information is strictly prohibited unless expressly authorized in writing by the relevant offeror.
• you are responsible for your use of Third-Party Offerings, including compliance with applicable laws, rules, and regulations.

Upon request by the relevant offeror, you agree to promptly return or destroy all copies of any information you received in connection with Third-Party Offerings in your possession or control and to certify in writing that you have complied with this obligation.

You acknowledge that:

• any use or reliance on Third-Party Offerings or obtained by you through such Third-Party Offerings is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Offerings or communications in this regard or endorse any opinions or statements expressed in Third-Party Offerings.
• we do not recommend or make any representation as to possible benefits from any investments or contributions to Third-Party Offerings and do not endorse any Third-Party Offerings.
• we are a technology solution provider and do not perform any investment, financial, or other due diligence on Third-Party Offerings that would be required to rate or endorse offerings.
• you warrant that you will perform your own due diligence on Third-Party Offerings.
• all content in Third-Party Offerings is the sole responsibility of the person who originated such content.
• we do not monitor or control any Third-Party Offerings published through our Services and we cannot take responsibility for such Third-Party Offerings.
• any rights you may have according to financial market laws in connection Third-Party Offerings are to be asserted against the party responsible for the respective Third-Party Offering.

You acknowledge that investments or contributions to Third-Party Offerings require sufficient knowledge and experience in business and financial matters as well for Third-Party Offerings associated with distributed ledger-technology, sufficient understanding of technology, cryptographic tokens, and other digital assets, smart contracts, and storage mechanisms. You may lose all amount paid to the offeror of the Third-Party Offering. In addition to the risk of loss, there are many other risks associated with investments or contributions to Third-Party Offerings. Such risks may further materialize as unanticipated variations or combinations.

We may be in a natural conflict of interest situation that could have a negative impact on you. For example, we offer the Services to offerors of Third-Party Offerings and you as a user and potential investor or contributor. Your investment or contributions interests in the Third-Party Offerings and our interest in offering technology solutions to offerors of Third-Party Offerings may result in a conflict of interest, as you, we, and the offeror, each, has different interests. In particular, you are interested in the quality of Third-Party Offerings, we are interested in providing high-quality technical solutions to attract as many offerors as possible, and the offerors are interested in finding potential investors or contributors.

Publishing of Third-Party Offerings

If you publish a Third-Party Offering through the Services, you:

• are solely responsible for compliance with applicable laws and regulations.
• warrant that you have all necessary licences, approvals and consents for publishing and issuing financial instruments or other assets (if applicable to your Project).
• will not make any statement to the contrary of the following and acknowledge that (i) we are not responsible for any Third-Party Offerings published by you and we do not monitor or control any such Third-Party Offerings; (ii) you are responsible for your Third-Party Offerings, including compliance with applicable laws, rules, and regulations; (iii) all content in any of your Third-Party Offerings is your sole responsibility; and (iv) by allowing you to publish any Third-Party Offerings, we do not recommend, solicit for, advertise, or make any representation as to possible benefits from any investments or contributions in such Third-Party Offerings and do not endorse such Third-Party Offerings.
• warrant that (i) you have obtained and maintain all necessary licenses, approvals and consents required by applicable law to publish your Third-Party Offerings through our Services and issue directly or indirectly (via a financial intermediary) the financial instruments or other assets to potential investors or contributors; and (ii) the documentation for the financial instruments or other assets, comply with all applicable legal and regulatory requirements, including but not limited to the legal and regulatory requirements in connection with the offering of financial instruments in the respective form to the investors to be addressed (if applicable to your Project).

User Conduct

You may not misuse the Services and are prohibited from processing via the Services any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• for which you have not obtained all necessary licenses and/or approvals; or
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

Your use of the Services must not violate any applicable laws, regulations, including financial market laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Services complies with any applicable laws and regulations.

You may not use, or encourage, instigate, promote, facilitate, or instruct others to use, the Services for any illegal, harmful, fraudulent, or infringing use.

You understand and acknowledge that offerors of Third-Party Offerings may have specific requirements for investors or contributors (e.g., nationality restrictions, fulfilment of Project's criteria before granting access) ("Requirements"). If you express your interest in a Project as an investor or contributor, we will assess and verify whether you meet the Project's criteria before granting access. Your shared information about the Requirements will not be disclosed to the offeror of the Third-Party Offering. We will only assess and confirm if you fulfill the Requirements.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use at our sole discretion at any time. We may suspend or terminate users and reclaim Projects without liability to you.

Identity Verification

The Services allow you to verify your identity and to link such verification to your wallet that you are using in connection with the Services. For the identity verification, we request you to provide us with your name, address, phone, email, wallet address, date of birth, passport number, incorporation document and register of beneficial owners (in case of a legal entity), numbers that you may use or have registered with the local tax authority and other similar information to properly verify your identity.

You acknowledge that we may engage competent third parties for the identity verification (each an "Auxiliary Person").

You undertake to promptly provide, or cause to be provided to us or to the Auxiliary Person accurate, current and complete information about yourself, including supporting documentation and other evidence, as may be reasonably requested by us or by an Auxiliary Person, to complete our or the Auxiliary Person's examination to ensure compliance with applicable laws ("Identity Verification").

You are solely responsible for the accuracy, correctness, and completeness of all information and documentation provided by you. You acknowledge that any failure to provide accurate or complete information may result in the inability to access certain functionalities, the rejection of your identity verification request, or other consequences.

You understand that the outcome of the Identity Verification (e.g. your non-participation in a funding process), lies in our sole discretion and/or the respective Auxiliary Person. You further understand that the amount of information requested to provide as part of the Identity Verification may be subject to change over time and that you may at a later point in time be required to provide additional documents and/or information, based on which you may be rejected. We may also request you to re-verify your identity after a certain period and withdraw your verified identity if any subsequent verification fails.

You acknowledge that the verification of your identity does not guarantee participation in any Project or that any Project is interested in interacting with you.

We will process all information provided to us as part of the identity verification as set out in the Privacy Policy.

General Information on Content

Publications and other information (e.g., pictures, text, trademarks) (the "Content") available on our Services are provided for general information only. They do not constitute any investment recommendation or recommendation for action nor any legal or other professional advice. You should seek specific advice on your particular situation and matter. Please contact us should you require advice or in case you would like to find out more about a specific Content.

Unless indicated otherwise, Polimec retains all rights in the Content on the Services or in marketing communications. You may download and temporarily store Content from the Services for the purposes of viewing them. Also, you can print any Content for personal use as long as no amendment is made to it and the entire Content is displayed and acknowledges Polimec as its source. If you provide copies to third parties, you must ensure that any recipients are made aware of our Terms of Use.

We intend that the Content is accurate at the time it is published, however, we accept no obligation to ensure, and do not warrant, that it is complete, accurate, up to date or that the Services will remain accessible.

The Content of our Services have been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the completeness or accuracy of any of the pages of the Services or it being up to date.

As service providers, we are liable for our own Content accessible via the Services in accordance with applicable laws. However, we are not obligated to monitor external information provided or stored by third-parties. Upon becoming aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.

Limitation of Liability

All representations and warranties are excluded, including the warranty regarding suitability for a particular purpose.

To the fullest extent permitted by applicable laws, neither Polimec nor any of its affiliates, agents, contractors or licensors shall be liable for any loss, injury or damage (including without limitation any direct, indirect, punitive or consequential loss or damage, any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption); whether foreseeable, known or otherwise and even if advised of the possibility of such damages; and whether in tort (including without limitation negligence), contract or otherwise; including without limitation for contingencies beyond its or their control in procuring, compiling, interpreting, reporting or delivering data and for conclusions, decisions or actions derived, made or taken based on the use of the Services or any part thereof.

You agree to defend, indemnify and hold harmless Polimec and its affiliates, agents, contractors and licensors and the respective directors, officers, employees, agents and independent contractors from and against all damages, claims and expenses, including reasonable attorneys' fees, arising out of or in connection with your misuse of the Services, i.e. any use of the Services which violates these Terms of Use or any applicable law or regulation.

Any liability for direct, indirect damages or consequential damages, including loss of profit, and/or damages arising from negligent conduct, and/or arising from acts or omissions procured by Auxiliary Persons is expressly excluded to the maximum extent permitted by applicable law.

External Links

The Services contain links to the websites or apps of third parties (external links). As the content of these websites or apps are not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites or apps is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.

Intellectual Property Rights

You acknowledge and accept that the Services and any part thereof may be protected by copyright or other intellectual property or unfair competition or misappropriation laws and are and shall remain the property of Polimec and/or its licensors. Such content may only be used in accordance with these Terms of Use, any other agreement between you and Polimec, as applicable, and with all applicable laws and regulations. Any unauthorised use is strictly prohibited.

All trade names, trademarks, service marks and other product and service names and logos, whether registered or unregistered, on the Services are proprietary to their respective owners and are protected by applicable laws.

The complete or partial reproduction, distribution, modification, linking or use for commercial or public purposes and any type of exploitation outside the limits of copyright law requires the prior written consent of Polimec. These Services do not grant any license to use the intellectual property of third parties. Any rights not expressly granted in these terms are reserved.

Privacy and Data Protection

In so far as these Services are processing personally identifiable information, the handling of such data is described in more detail in our Privacy Policy (https://www.polimec.org/privacy-policy).

Modifications

These Terms of Use may be updated or changed from time to time. The changes will not be retroactive, and the most current version of the Terms of Use, which will be available at https://www.polimec.org/terms-of-use, will govern our relationship with you. By continuing to access or use our Services after those revisions, you agree to be bound by the revised Terms of Use. Please check back regularly for any updates to inform yourself of any changes.

Severability, No Waiver

If any provision in these Terms of Use is held invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms of Use will remain in full force and effect. If you believe you have other or additional rights than those stated in these Terms of Use under applicable mandatory law, you should inform us without undue delay for us to provide an alternative remedy to the situation.

Our failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision.

Applicable Law and Jurisdiction

These Terms of Use are governed and construed in accordance with the substantive laws of Switzerland (to the exclusion of any conflict laws). The United Nations Convention on the International Sale of Goods shall not apply.

Any disputes arising under or in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of the city of Zug.

Contact us

If you have any comments or questions about these Terms of Use or our Services, please contact us by email at [email protected].

Effective: 05. February 2025