Website Provider Declaration for the

Usage of the Website

Updated on 09.12.2022

Please read this declaration (Declaration) of Association Enso (Website Provider) carefully. By using or accessing www.enso.finance including all subdomains as well as connected mobile and web applications (Website) you confirm for yourself or any legal entity, partnership or organization you are legally representing to (i) be 18 years of age or older; and (ii) having read, understood and accepted the content of this Declaration.

Wallet for Using the Website

You must have access to a compatible wallet for crypto assets supporting ERC20 tokens (Wallet) provided from a third-party provider (i.e. not from the Website or the Website Provider) in order to access/use the Website and the software tools developed and provided by the Website Provider.

It is in your exclusive responsibility to hold and administer any crypto assets in general and in connection with the Strategies through your Wallet. The Website and the Website Provider shall have no access to or responsibility regarding your Wallet or any crypto assets held in your Wallet. You must choose the third-party wallet provider and the Wallet solely by yourself and the use of such Wallet is subject to any governing terms of use or privacy policy of such Wallet and third-party wallet provider.

The Website supports only specific Wallets and crypto assets in the sole discretion of the Website Provider. The Website Provider is under no obligation to add support for additional Wallets or crypto assets. The Website and the Website Provider will not create a (hosted) Wallet for you or otherwise custody or store crypto assets on your behalf.

It is your sole responsibility to maintain the security of and access to your Wallet. In the event that you lose access to your Wallet, a private key, password, or other method of securing your Wallet, any funds may be irretrievable, and the Website Provider will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Website Provider, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any Wallet software, associated loss of funds, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may be obtained as a result of any failure in smart contracts made available on the Website.

Using the Website

You must not open/register an account on the Website or with the Website Provider, but you are required to have a Wallet: Solely by connecting your own Wallet, you can interact with the blockchain developed by Enso based on the Ethereum blockchain and operated by various decentralized nodes (Blockchain) to create, follow, manage, and leave social metastrategies with crypto assets based on the ERC20 standard (Strategies).

Every time you connect with your Wallet to the Website, it will read-out the information stored in your Wallet as well as the publicly accessible data stored in the smart contracts of all Strategies on the Blockchain. The Website will use this information in order to provide you with a graphical representation of the Strategies created and followed by you as well as provide you with the software tool set that enables you to access/manage your own Strategy(ies) based on the means of access in your possession to your Strategy(ies) (Strategy Owner) as well as Strategies of other Strategy Owners.

Users (i.e. not the Website or the Website Provider) can create a Strategy by (i) creating and deploying its own smart contract on the Blockchain by using the software tools developed and provided by the Website Provider, and by (ii) in particularly pre-defining the (re-)balancing rules and signals with an algorithmic logic, which is part of the smart contract for the Strategy. Once a Strategy has been created, the Strategy Owner can make rebalancing proposals or other Strategy changes based on discretionary elements to the other users participating in such Strategy (Rebalancing Proposal), whereas such Rebalancing Proposal shall only be implemented for users not rejecting it within a pre-defined time period.

Further, users have the ability to follow a Strategy of other Strategy Owners by utilizing the social trading features made available on the Website (Social Trading) without intermediaries while remaining in control of their own crypto assets. The Social Trading feature enables the Strategy Owner to execute code in the smart contract of the Strategy that will automatically mirror the Strategy for all users following the Strategy. The Strategy Owner of a Strategy is required to announce any Rebalancing Proposal in the Strategy during a set period of time in order for the users to be able to exit the Strategy in case they don't agree with the Rebalancing Proposal. Any user can terminate its participation in a Strategy by transferring back the specific strategy tokens in order to then receive back into its own Wallet the pro rata amount allocated to the user in all funds of the Strategy.

The Website Provider does neither endorse any particular Strategy nor otherwise officially advise you with respect to any particular Strategy. Any predefined Strategies made available on the Website are not intended to be (personalized) financial advice to you.

Availability of the Website

The Website Provider reserves the right to modify, suspend or discontinue, temporarily or permanently, all or any part of the Website without notice. The Website Provider will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Website.

The Website Provider shall use commercially reasonable efforts to attempt to provide the Website on a permanent availability. You acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason including, but not limited to, (i) equipment malfunctions, (ii) periodic maintenance, (iii) repairs or replacements that the Website Provider undertakes from time to time, (iv) causes beyond the Website Providers reasonable control or (v) causes that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, failure on or congestion of the Blockchain, hostile network attacks, network congestion or other failures. You acknowledge and accept that the Website Provider has no control over the availability of the Website on a continuous or uninterrupted basis, and that the Website Provider assumes no liability to you or any other party, in particular not to loss of any revenues.

Fees

The Website Provider does not charge nor participate in any fees for accessing/using the Website or for creating, following, managing, and leaving Strategies. However, Strategy Owners may charge fees for using Social Trading features with their Strategies and using the Blockchain may require you to pay so-called gas fees (Gas Fees) for the computational resources required to perform a transaction.

The Website Provider has no control over (i) any Strategy Owners and their fees, (ii) any transactions on the Blockchain, and (iii) the method of payment and any actual payments of any Gas Fees. Therefore, you must ensure that you have a sufficient balance of Ether stored in your Wallet to complete any transaction on the Blockchain before initiating any transactions, in particular before creating, following, managing or leaving any Strategies.

Information / Intellectual Property

By accessing/using the Website, you acknowledge and accept that the Website will read-out and may, combine, use and/or publish on the Website the following information/data (Information): (i) all information/data stored in your Wallet when connecting to the Website, and (ii) all publicly accessible data stored in the smart contracts of all Strategies on the Blockchain. Therefore, this Information may in particular include data in connection with the Strategy and the Strategy Owner as well as a list of users and/or their Wallet addresses following a Strategy. The Website and its entire contents, features, and functionality are owned by the Website Provider, its licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Website and its entire contents, features, and functionality are owned by the Website Provider, its licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The company name of the Website Provider and all related names, logos, product and service names, designs, and slogans are trademarks of the Website Provider or its affiliates or licensors. You must not use such marks without the prior written permission of the Website Provider. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Disclosure / Warning

The Website is an administrative platform only and enables you to create, follow, manage and leave Strategies of you or other Strategy Owners (i.e. not the Website Provider) on the Blockchain with a software toolset developed by the Website Provider.

The Website Provider is not licensed as a financial institution or financial intermediary (in particular as broker, dealer, custodian or exchange) and therefore is neither regulated nor supervised by any financial market regulator/supervisor in any jurisdiction.

The Website Provider (i) is not running the Blockchain as it is run decentral by various nodes, independently by the majority from the Website Provider, (ii) does not act as Strategy Owner, (iii) is not a counterparty to any transactions in connection with the Strategies, and (iv) does not provide for the Wallet. In particular, the Website Provider does not own or control and is not responsible for the operation of the underlying software protocols which govern the operation of crypto assets available through the Strategies. Therefore, the Website Provider does not make any guarantee of their functionality, security, or availability. In general, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them.

Neither the Website Provider nor the Website are providing any financial, tax or regulatory advice, nor any portfolio management, custody or brokerage services. Each Strategy Owner is independent from the Website Provider and has no employment, agency or other contractual relationship with the Website Provider.

You should use any content or information gathered from the Website only as a starting point for your own independent research and transactional decision making, and you must rely on your own judgment in entering into or refraining from using the Website or conducting (or not conducting) any transaction. In no event shall the Website Provider be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any use, continued use or reliance on any information or tools, including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such information. The Website Provider does not warrant the accuracy, completeness, or usefulness of information. Any reliance you place on information is strictly at your own risk. The Website Provider disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. By using the Site, you agree to be fully, independently and personally liable for each transaction made on the Website by you, including, without limitation, any position automatically opened or closed as a result of using the Social Trading feature.

The access to/use of the Website, in particular creating, following, managing, or leaving any Strategies, may carry financial risk. In particular, crypto assets can be very risky and are, by its nature, highly experimental, risky, volatile and transactions are generally irreversible. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether any transaction, or strategy, or any other product or service is appropriate or suitable for you based on your own objectives and personal and financial situation.

Limitation of Liability

You acknowledge and accept that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to access/use of, or inability to access/use, the Website under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that neither the Website Provider nor its affiliates, employees, agents, officers or directors shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including for loss of profits, revenues, goodwill or data, in any way whatsoever arising out of the access/use of, or inability to access/use the Website.

The user further specifically acknowledges that neither the Website Provider nor its affiliates, employees, agents, officers or directors are liable, and the user agrees not to seek to hold neither the Website Provider nor its affiliates, employees, agents, officers or directors liable, for the conduct of third parties, including other users of the Website, and that the risk of accessing/using the Website rests entirely and exclusively with the user.

Notwithstanding anything to the contrary in this Declaration, nothing in this Declaration excludes or limits liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by gross negligence.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Website Provider, its affiliates, employees, agents, officers or directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Declaration or your access/use of the Website, including, but not limited to any use of the Website's content other than as expressly authorized in this Declaration or your use of any information obtained from the Website.

Governing Law and Jurisdiction

This Declaration shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of the principles of conflicts of laws thereof.

Any dispute arising out of or in relation to this Declaration shall be submitted to the exclusive jurisdiction of the courts of Zurich, Switzerland.

Changes to this Declaration

The Website Provider reserves the right to change this Declaration at any time. The most current version of this Declaration will be published on the Website. Your continued use of the Website after the date of an update of this Declaration will constitute your acceptance of the updated Declaration.

If one or more of the provisions of this Declaration is or becomes invalid or otherwise for any reason unenforceable, either wholly or in part, this does not affect the validity of this Declaration in other respects. The user accepts in good faith that any such provision shall be replaced with another provision which approximates as closely as possible to the commercial purpose intended.

About us

Association Enso is a company incorporated in Switzerland, under license number CH-020-6002818-7 With registered office and principal place of business at Buckhauserstrasse 1, 8048 Zurich.

Enso Finance © 2023