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TERMSof use

Preliminary remarks

YUPER exchange (hereafter called ‘YUPER’) is a crypto exchange and related services. Cryptos in the broadest sense are digital currencies and tokens, regularly based on the blockchain technology. The aim of YUPER is to offer and enable an easy, cost efficient and smart way to trade, exchange cryptos among users. The applicable rules for participating and making use of services offered by YUPER are governed within these terms of use (‘terms’). The terms may be subject to change at any time without notice and access to, and the use of any services related to YUPER may be restricted or terminated at any time. We therefore advise any user to review these terms each time accessing our website and services. By signing up to our services, users of YUPER agree to this and the following terms.

Terms of use

YUPER may refer to different services, products, websites, mobile apps, content and other material provided in the context of cryptocurrencies and tokens, collectively called ‘YUPER services’.

In particularly, by accessing the website yuper.exchange and its pages (hereafter called the ‘site’), by registering as a user or by downloading mobile apps provided by YUPER, any user declares and confirms to have read, understood and accepted the information within this terms of use. Any user furthermore confirms to accept and agree with all following legal information and conditions to make use of YUPER services. Users will comply to these terms of use mentioned above and hereinafter as well as all policies and procedures incorporated by reference. In case a user does not want to agree to the terms of use, or any other policy or procedure incorporated by reference, she/he shall exit the site or service immediately.

Operator

YUPER exchange is a project of Madrissa Capital AG, Weissbadstrasse 14, 9050 Appenzell, Switzerland.

The services of YUPER exchange will be provided after a beta testing phase by a subsidiary company YUPERgo GmbH to be setup in Liechtenstein. With the transition of the operations to this subsidiary, that entity is fully responsible for all operational, legal and liability aspects. The transition will be announced on the website and visible in the imprint.

Applicable law & jurisdiction

Access to and use of the services provided by YUPER as well as the terms are governed by and construed in accordance with Swiss Law. By making use of the provided solutions, all parties agree to irrevocably submit to the exclusive jurisdiction of Swiss Courts. In future, with the transition to Liechtenstein operations, the exclusively applicable jurisdiction will become Liechtenstein, with Liechtenstein law applicable.

Users

The services provided by YUPER are in principle open and available to any person interested to make use of them. Depending on the country of residence of users, in some cases, limitations may be applicable in terms of the use of cryptocurrencies. Hence, we encourage the individual user to inform herself/himself about the actual status of rules and regulations before setting up an account in YUPER. We consider it the own responsibility of a user to follow those rules and laws applicable in the country of residence and/or country from which a user accesses the site and services of YUPER, including in particular also mobile applications.

YUPER also may be required to block services or transactions for some countries, based on Swiss or European law. We currently exclude in particular users from North Korea, Cuba, Syria, and North Sudan.

Risks

The services provided and operated by YUPER allow registered users to trade cryptocurrencies (e.g., Bitcoin, Ethereum, EOS), crypto tokens, i.e., a particular fungible and tradable virtual asset or a utility that is regularly documented on a blockchain. These virtual assets and utilities, however, are potentially opposed to extreme price changes. They may become even completely void of value in some cases, which happened to some crypto tokens in the past and may occur any time in the future again. At the same time, crypto assets offer opportunities for much higher price indications in the future. In general, the pricing of virtual assets may be highly volatile. Excellent performance in the past is no guarantee of good future performance. Even the valuation process of virtual assets is complex. There is also no obligation by any entity issuing virtual assets or utilities to buy back the virtual currency, asset or utility. Also, YUPER services are only an enabler of asset and utility transfer and trading. In no case, YUPER is reliably for the value or impairment of any virtual currency or token.

Every user of YUPER services confirms to understand the implied risks of virtual assets, coins, and tokens and therefore only undertakes purchases and investments with which the user is familiar with and suitable to the individual financial resources.

Financial Regulation

The services provided by YUPER are currently regulated under Swiss law. Therefore, we in particular take suitable steps to encounter money laundry and getting supervised by an authorized audit organization.

Local legal restrictions

The content is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where such distribution, publication or use would be contrary to the law or regulatory provisions or in which YUPER or companies controlled by YUPER do not hold the necessary registration or license. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use the site. Some entities, services and products of YUPER may not be registered or licensed under legal and regulatory provisions governing financial services or products and their providers in certain countries, including the United States. Therefore, all users are requested to contact YUPER for information about products and services available in their country at the email contact@yuper.cc.

No offer, no advice

The information, products, data, services, tools and documents contained or described on this site or in mobile apps (called ‘content’) are for information purposes only and constitute neither an advertisement or recommendation nor an offer or solicitation to buy or sell virtual currencies, to affect any transaction or to enter into any legal relations. The products and solutions mentioned on this site are not suitable for all users. Prior to making a decision about usage or investing, users have to conduct a thorough investigation and obtain all necessary professional advice for all issues, including your eligibility to make such investments in terms of the applicable law. Nothing in YUPER websites, services, products or mobile apps constitutes investment, legal, accounting or tax advice, or a representation that any investment, token purchase or strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific user. YUPER recommends that users independently assess, with a professional advisor, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.

Termination of collaboration

YUPER and users of YUPER have the right to terminate the agreement about using YUPER services as per these terms at any time. After the termination, users are no longer entitled to use our site, services and mobile apps. Details about user account suspension, closure and termination may be obtained from the user account policy.

Order and transaction processing policy

Details about order and transaction processing within YUPER services and solutions may be obtained within the order and transaction processing policy.

Privacy policy

YUPER also takes privacy seriously. Information about how YUPER collects, uses and discloses user data and information may be obtained within the privacy policy.

User account policy

Information about YUPER account registration, creation and usage, as well as any potential suspension, closure and termination may be obtained within the YUPER user account policy.

Fee Schedule

Information about our fees for services and products may be obtained from the fee schedule.

Disclaimer

No liability

In case YUPER is unable to perform services described within these terms due to factors beyond the control of YUPER, not limited to but e.g. changes in law, sanction policy, or an event of force majeure, YUPER and its operators are not liability to its users with respect to the services outlined within these terms.

Also, YUPER and its directors, agents, employees or other related stakeholders disclaim liability for losses and damages to the maximum possible extent. In particular this is concerned with content, accuracy, completeness, third party content, errors of the site, services or apps, temporary or permanent inability to access YUPER services or for any other reason. Also damage or loss of data, time, indirect or consequentially losses, whether it was foreseeable or not, YUPER cannot be held liable for.

Also, YUPER excludes liability for losses due to incorrect transfers of crypto currencies as well as malicious attacks on the exchange or other services.

Indemnity

Any user agrees to indemnify YUPER and its partners against liability, costs, damage, expenses, proceedings or any action incurred by the use of YUPER and its services. This is also applicable for the violation of these terms.

Consumer protection

The terms do not intend to waive rights of consumer protection or limit responsibilities.

Proprietary information

When you display, copy, download or print any material on or from the site yuper.exchange, it is provided to you by YUPER under a license that is revocable and also only for personal, informative, non-advertising use, under the condition that the copyright and the other legal provisions are kept intact. In particular, content like texts, software, data, images, price indications, graphics and diagrams as well as audio or video content used on YUPER are exclusively owned by YUPER. Copying, reproduction, modification, presentation, sending and republishing is only allowed by licensing from YUPER with exemption of materials provided within YUPER’s press section. YUPER may sanction unauthorized use without any prior notice, in case copyright, trademark or other rights are infringed.

E-mail contact and e-mail security

If you have read these terms entirely, we will support and help you any time for doubts, questions, also in regard of rights and obligations arising from our services and products usage. Please also use our faq section or contact our support team by sending an email to contact@yuper.cc.

Please be aware that e-mails transmitted through the internet may not be secure and YUPER is not liable for damages as a result from such transmission. To reduce risks, we encourage users to send e-mails in an encrypted format only.