Application End User License Agreement ("EULA")

Please read this Application End User License Agreement (“EULA”) carefully before downloading or using the Aequitec Ltd. (“Aequitec”) application (“App”), which allows You to access Aequitec's services (“Subscription Service”) from Your device, such as the management of share registers, the conduct of general meetings, management of employee participation plans or conduct of capital increases. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Aequitec (each separately a “Party” and collectively the “Parties”) as from the date you download the App. Your use of the App is subject to this EULA. In addition, if you are a corporate customer, Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Service Agreement”) and this Subscription Service is merely a complementary addition to it. To the extent the Service Agreement conflicts with this EULA, the terms of the Service Agreement shall prevail.

1. License.

Aequitec grants You a non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App for Your internal purposes strictly in accordance with this EULA and the Service Agreement. For the avoidance of doubt, You are aware that your use of the App is also dependent on your internet-connection and the particular offering you subscribe from your relevant telecommunications service provider. The Operator is not responsible for any defects or delays caused by your internet-connection and -subscription, respectively, and does not offer any telecommunications services.

2. Your account.

Your use of the App requires that You have an account with Aequitec and agree to the terms of the Service Agreement with Aequitec. To establish your account, You will have to register yourself. In this registration process, You will be asked to provide your contact and identification, which will be verified and once your data has been approved, You will receive an own customer account and will be asked to submit a password to administer your customer account. Your submitted data must be accurate and complete. You are also obliged to update your data as soon as it is subject to any changes such as a new address or e-mail. If you do not inform us on any such changes, you may not receive relevant notifications from us and we are not liable for any damages and/or inconveniences caused. You must also keep your passwords confidential at all times and may not share them with any third parties. If unauthorized parties gain access to your customer account and use it to your detriment, we are not liable for any damages and/or inconveniences caused.

3. Your content.

You are solely responsible for content uploaded and/or exchanged with other participants through the App. Aequitec assumes no responsibility in this regard. Aequitec has no control over your content uploaded or shared and is not obliged to screen such content in advance. Aequitec reserves the right to (i) suspend or (ii) terminate Your access to the App should this be necessary due to content which is illegal or infringing third party rights.

4. Your responsibilities and duties as a shareholder of a corporate customer.

This Section 4 applies if you are a shareholder of a corporate customer (the “Company”) and use the App.

4.1. Performance of Shareholder Actions.
The App allows You to perform certain shareholder actions (such as casting votes, requesting to be entered into the share register and/or initiating share transfers) over the App (the “Shareholder Actions”). In case the Shareholder Actions consist in voting through a proxy, Aequitec shall not act as proxy itself. Where the Company and/or, as the case may be, a proxy refuses to give rise to a Shareholder Action for whatever reason, or fails to do so correctly or validly, then only the Company and/or, as the case may be, the proxy shall be responsible, but not Aequitec. You acknowledge that in some cases, the forwarding of Your Shareholder Actions shall not occur immediately after they are entered or around-the-clock, but rather regularly on specific workdays, and shall be dependent upon processing times. As long as Aequitec has exercised due care and diligence, it shall assume no liability for Shareholder Actions that are not transmitted or given rise to within the deadline. You acknowledge that Your Shareholder Actions shall be received by Aequitec exclusively within the service provided for this purpose over the App (i.e., not via e-mail, telephone, or by any other means). Aequitec is of the view that the Shareholder Actions can be validly performed over the App under the applicable laws. However, the company and its shareholders remain responsible for complying with the applicable laws. Aequitec thus disclaims any liability if the Shareholder Actions were not deemed validly performed by any competent authority (including any court) under the applicable laws.

4.2. Means of authentication.
You must ensure that all means of authentication are kept confidential by You, and are protected against misuse by unauthorized persons. In particular, passwords should not be written down after they are created, and should not be stored in an unprotected terminal. You shall bear all risks resulting from the disclosure of your means of authentication. If there is reason to suspect that unauthorized third parties have obtained knowledge of a means of authentication, then the affected means of authentication must immediately be changed. You shall be responsible for all consequences of the use, including misuse, of Your means of authentication or those of a co-user.

5. Changes to this EULA.

Aequitec reserves the right to modify this EULA from time to time. Aequitec will post the most current version of this EULA at If Aequitec makes material changes to this EULA, You will receive a notification via the Mobile App. Your continued use of the App after Aequitec publishes notice of changes to this EULA will be deemed as Your consent to the updated terms. Aequitec remains free to further develop and adjust any technical features of the App in the future without the need to change terms of this Agreement.

6. No included maintenance and support.

Aequitec may deploy changes, updates, or enhancements to the App at any time. Aequitec may provide maintenance and support for the App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS App) nor Google (for Android App) has an obligation to furnish any maintenance or support services in connection with the App. Please note that Aequitec may, upon its own discretion, decide to not offer the App and provide any related maintenance and support services for countries which are subject to political instability or prove non-suitable for the legislation of such country.

7. Acceptable use.

You agree that You will not use or encourage others to use the App or the Subscription Service as accessed through the App in a way that could harm or impair others’ use of the App or the Subscription Service. In particular, You represent and warrant that you will not use this App in a manner infringing third party rights (e.g. by sharing illegal content, infringing intellectual property or privacy rights). You also agree not to violate the usage limits or controls set forth by:

(a) the App Store Terms of Service, for iOS users accessing the App on an Apple product, or

(b) Google Play Terms of Service for Android users accessing the App on an Android product.

8. Privacy.

In order to operate and provide the Subscription Service and the App, Aequitec may collect certain information about You, including technical and geo-localization data related to your use of the App. We use third party service providers to help us processing and/or analyzing this data, such as Google Analytics. To ensure the protection of your personal data, we use a function which processes your IP address in truncated form only in order to prevent a direct personal reference (IP-Anonymization). Your personal data collected by us is stored on Google servers in Switzerland.. Aequitec uses and protects that information in accordance with Aequitec's privacy policy (a current version of which can be found at

9. Consent to electronic communications and solicitation.

By downloading the App, You authorize Aequitec to send You (including via email and push notifications) information regarding the Subscription Service and the App, such as: (a) notices about Your use of the Subscription Service and the App, including notices of violations of use; (b) updates to the Subscription Service and App and new features or products; and (c) promotional information and materials regarding Aequitec's products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the App settings. Within each e-mail and push notification, we will provide you with an "Unsubscribe"-Link under which you can easily opt-out from future electronic communications.

10. No warranty / no liability.

Your use of the App is at your sole risk. The App is provided on an "As Is" basis. Aequitec expressly disclaims all warranties of any kind, to the extent possible under applicable law. In particular, Aequitec explicitly offers no guarantee for the accuracy and completeness of the data and information made available to You through the App.
Aequitec excludes any liability whatsoever in relation to Your use of the App to the extent possible under applicable law. In particular, should Aequitec ascertain security risks, then in order to protect the customer, Aequitec reserves the right to interrupt at any time its services until such risks are eliminated. Aequitec shall assume no liability for any losses incurred as a result of this interruption. Furthermore, any liability of Aequitec for losses incurred by You as a result of transmission errors, network (internet) issues, technical defects, overload, interruptions (including required system maintenance), disruptions, illegal interference and wilful blocking of telecommunication equipment and networks, any illegal and/or unauthorized interference by the third parties, or other shortcomings on the part of the telecommunication equipment and network operators shall be precluded.
The App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the App is solely Your responsibility, and downloading the App is done at Your own risk. Aequitec does not represent or warrant that the App and Your device are compatible or that the App will work on Your device.

10.1. iOS Application.
In the event of Aequitec’s failure to conform to any applicable warranty, You may notify Apple. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to (a) the App and (b) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

10.2. Android Application.
Google expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purposes and non-infringement.

11. Term, suspension and termination of the App.

You may use this App as long as the term of your Service Agreement persists. Your entitlement to use this App terminates automatically with the termination of your Service Agreement. Aequitec reserves the right to suspend or terminate Your access to the App should this be necessary due to your infringement of provisions under this Agreement or to comply with requirements of the Apple or Google App Store. You understand that if Your account is suspended or terminated, You may no longer have access to content that is stored within the Subscription Service.

12. Intellectual property rights and privacy.

In the event of a third party claim that the App, or Your possession and use of the App, infringes third party’s intellectual property rights or privacy rights (data protection), Aequitec will block such infringing content ("take down measure") to avoid acting as a contributory infringer and may refuse to make such content accessible as longer You and the third party have not in writing settled the dispute in satisfactory manner at Aequitec's sole discretion.

13. Contact information.

If You have any questions regarding this EULA, please contact Aequitec by email at

14. Third party beneficiaries.

This EULA is executed between You and Aequitec and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Aequitec is not responsible for any applicable third-party agreement between You and any third-party, including your mobile/internet provider.

15. Governing law and jurisdiction.

This EULA shall be governed by and construed in accordance with the substantive laws of Switzerland without reference to any conflict of law statutes. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the city of Zurich (Kreis 1).