Terms and Conditions
Last updated: March 2025
1. Scope
These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Winify AG (hereinafter "Winify") and its customers, investors, and partners (hereinafter "Customer"). The version valid at the time of the conclusion of the contract is decisive.
Deviating, conflicting, or supplementary GTC will not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2. Service Description
Winify analyzes investment opportunities, provides capital to companies, and offers consulting services in the field of investment. The exact services are individually defined in the respective contract.
Winify reserves the right to modify the services offered, provided this is reasonable for the Customer.
3. Contract Conclusion
The presentation of services on the website does not constitute a legally binding offer. It is a non-binding invitation to enter into a business relationship with Winify.
The contract is concluded by the Customer's acceptance of Winify's offer or by signing a separate contract.
4. Compensation and Payment Terms
The compensation for Winify's services is based on the individual agreement with the Customer. Unless otherwise agreed, consulting services are billed according to the time spent at the current hourly rates.
In the case of investment facilitation, a performance-based compensation may be agreed upon.
Invoices are payable within 30 days of the invoice date without deduction, unless otherwise agreed.
5. Confidentiality and Data Protection
Both parties undertake to keep confidential all confidential information disclosed in the course of the business relationship and to use it only for the purposes of the collaboration.
Winify processes personal data in accordance with applicable data protection regulations. For more information, please refer to our Privacy Policy.
6. Liability
Winify is fully liable for intent and gross negligence. For slight negligence, Winify is only liable for the breach of essential contractual obligations and limited to the foreseeable damage typical for the contract.
Winify assumes no liability for the economic success of facilitated investments or consulting services. All investment decisions are made by the Customer on their own responsibility.
The exclusion of liability does not apply in case of injury to life, body, or health, as well as in case of breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
7. Investment Risks
The Customer acknowledges that investments involve risks and may lead to partial or complete loss of the invested capital. Winify cannot guarantee the economic success of investments.
The Customer confirms that they understand the risks associated with investments and are willing to bear them.
8. Term and Termination
The term of the contractual relationship is individually agreed upon. Unless otherwise agreed, the contract can be terminated with a notice period of three months to the end of the month.
The right to extraordinary termination for important reasons remains unaffected.
9. Intellectual Property
All rights to materials, concepts, strategies, and other works created by Winify in the course of the business relationship remain with Winify, unless expressly agreed otherwise.
The Customer receives a simple, non-exclusive right of use to these works, insofar as this is necessary for the purposes of the contract.
10. Final Provisions
Changes and additions to these GTC must be made in writing. This also applies to changes to this written form clause.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from this contract is Zug, Switzerland, unless another place of jurisdiction is mandatorily prescribed by law.