Terms of
Service

These General Terms of Service ("Terms") govern the use of the website and platform operated at defencetech.ch ("Platform") by Swiss Fintech Law AG, a company incorporated under the laws of Switzerland, with its registered office in Zug ("Operator", "we", "us").

By accessing or using the Platform, you ("User", "you") confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Platform immediately.

These Terms apply to all visitors, registered users, and any other persons who access or use the Platform in any capacity. The Operator reserves the right to restrict access to the Platform or any part thereof at its sole discretion.

DefenceTech.ch is an informational and ecosystem platform designed to support the Swiss defence technology, autonomous systems, and dual-use deep tech sector. The Platform provides the following services:

• Publication and display of information about defence technology support programs, accelerators, grants, and co-location facilities in Switzerland;
• A directory of Swiss-based defence technology, autonomous systems, and deep tech companies;
• General information about the Swiss defence technology ecosystem, regulatory environment, and market landscape;
• Facilitation of initial contact and introductions between ecosystem participants;
• Publication of educational and informational content relating to Swiss company formation, regulatory compliance, and defence technology matters.

The Platform does not provide, and shall not be construed as providing, any of the following:

• Legal, tax, financial, regulatory, or investment advice of any kind;
• Brokerage, intermediation, or financial intermediary services within the meaning of the Swiss Financial Market Supervision Act (FINMASA) or the Anti-Money Laundering Act (AMLA);
• Due diligence, valuation, compliance assessment, or transaction structuring services;
• Escrow, payment processing, custodial, or settlement services;
• Export control classification, licensing, or compliance screening services.

The information published on the Platform is of a general nature and is not intended to address the specific circumstances of any particular individual or entity. Users must obtain independent professional advice tailored to their specific situation before making any business, legal, or regulatory decisions.

By using the Platform, you represent and warrant that:

• You are at least 18 years of age and have full legal capacity to enter into binding agreements;
• All information you provide to the Platform is accurate, complete, and not misleading;
• You will comply with all applicable laws and regulations, including but not limited to Swiss federal and cantonal law, European Union regulations, and all applicable export control regimes;
• You will not use the Platform for any unlawful, fraudulent, or harmful purpose;
• You will not attempt to gain unauthorised access to any part of the Platform, its systems, or its infrastructure;
• You will not use automated means (including bots, scrapers, or crawlers) to access the Platform without prior written consent;
• You will not submit false, misleading, or fraudulent content or listings;
• You will maintain the confidentiality of any account credentials and are responsible for all activity conducted under your account.

The Operator reserves the right to suspend or terminate access to the Platform for any User who, in the Operator's reasonable judgement, violates these Terms or engages in conduct that may expose the Operator or other Users to harm or legal liability.

Users are solely and exclusively responsible for compliance with all applicable export control laws, sanctions regimes, and trade restrictions. The Platform does not assess, verify, or advise on export control matters.

Given the nature of the defence technology sector, Users acknowledge and accept that their activities may be subject to a wide range of export control and sanctions regimes, including but not limited to:

• The Swiss Federal Act on War Material (Kriegsmaterialgesetz, KMG, SR 514.51);
• The Swiss Federal Act on the Control of Dual-Use Goods and Specific Military Goods (Güterkontrollgesetz, GKG, SR 946.202);
• The Swiss Embargo Act (Embargogesetz, EmbG, SR 946.231);
• The U.S. International Traffic in Arms Regulations (ITAR, 22 CFR Parts 120-130);
• The U.S. Export Administration Regulations (EAR, 15 CFR Parts 730-774);
• The EU Dual-Use Regulation (Regulation (EU) 2021/821);
• The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies;
• Any other national or international export control, sanctions, or trade compliance regime applicable to the User's activities.

It is the User's sole responsibility to determine whether any goods, technology, software, or services are controlled, to obtain all necessary licences and authorisations, and to screen all counterparties against applicable sanctions and restricted party lists. Users must engage qualified legal counsel for compliance guidance. The Operator accepts no responsibility whatsoever for any User's failure to comply with export control or sanctions obligations.

All listings and content submitted to the Platform are subject to review and approval by the Operator at its sole discretion. The Operator reserves the right to:

• Reject, modify, or remove any listing or content without prior notice and without providing reasons;
• Establish and modify listing criteria, categories, and requirements at any time;
• Prioritise, feature, or de-emphasise listings at its discretion;
• Request additional information or verification from Users before publishing or maintaining a listing.

Inclusion of any company, programme, or organisation in the Platform directory does not constitute an endorsement, recommendation, or certification by the Operator.

The Platform, including its design, layout, text, graphics, logos, software, and all other content (excluding user-submitted content), is the property of Swiss Fintech Law AG and is protected by Swiss and international intellectual property laws, including the Swiss Federal Act on Copyright and Related Rights (URG, SR 231.1).

Users retain ownership of content they submit but grant the Operator a non-exclusive, worldwide, royalty-free licence to use, display, reproduce, and distribute such content in connection with the operation of the Platform and the promotion of the Swiss defence technology ecosystem.

No part of the Platform may be reproduced, distributed, modified, or used for commercial purposes without the prior written consent of the Operator.

The Platform and all information, content, and services provided thereon are made available on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, the Operator disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties regarding the accuracy, completeness, reliability, timeliness, or availability of any content or information on the Platform;
• Warranties regarding the identity, reputation, creditworthiness, legal standing, or regulatory compliance status of any User, listed company, or programme;
• Warranties that the Platform will operate without interruption, errors, or security vulnerabilities;
• Warranties regarding the suitability of any programme, grant, or support opportunity for any particular User.

Users acknowledge that they rely on any information obtained through the Platform at their own risk.

To the maximum extent permitted by Swiss law (including Article 100 of the Swiss Code of Obligations), the Operator, its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of or inability to use the Platform.

This limitation applies, without limitation, to damages arising from:

• Reliance on information published on the Platform;
• Decisions made on the basis of Platform content, including business, investment, or regulatory decisions;
• Interactions, negotiations, or transactions between Users or between Users and third parties;
• Any failure to comply with export control, sanctions, or other regulatory obligations;
• Loss of data, revenue, profits, business opportunity, or goodwill;
• Service interruptions, technical failures, or security breaches.

In any event, the Operator's aggregate liability shall not exceed the total fees actually paid by the User to the Operator in the twelve (12) months preceding the event giving rise to the claim. As of the date of these Terms, no fees are charged for the use of the Platform, and accordingly the maximum aggregate liability is zero (CHF 0.00).

You agree to indemnify, defend, and hold harmless the Operator, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including export control and sanctions laws; (d) any content you submit to the Platform; or (e) your interactions with other Users or third parties in connection with the Platform.

The processing of personal data in connection with the Platform is governed by our Privacy Policy, which forms an integral part of these Terms. The Operator processes personal data in compliance with the Swiss Federal Act on Data Protection (Datenschutzgesetz, nDSG, SR 235.1) and its implementing ordinance (Datenschutzverordnung, DSV, SR 235.11).

By using the Platform, you acknowledge that you have read and understood the Privacy Policy and consent to the processing of your personal data as described therein.

The Platform may contain links to third-party websites, services, or resources. These links are provided for informational purposes only. The Operator has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement, approval, or affiliation. Users access third-party websites and services entirely at their own risk.

The Operator reserves the right to amend, modify, or replace these Terms at any time. Material changes will be indicated by updating the "Last updated" date at the top of these Terms and, where practicable, by notice on the Platform.

Continued use of the Platform following the publication of amended Terms constitutes acceptance of the amended Terms. Users are encouraged to review these Terms periodically. If you do not agree to the amended Terms, you must discontinue use of the Platform.

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the competent courts of the Canton of Zug, Switzerland, subject to any mandatory legal venue provisions under Swiss law.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the economic and legal purpose of the invalid provision.

For questions regarding these Terms, please contact the Operator: