Terms of Use concerning data protection

1. Scope of Application

Information on and from this website is operated by True Wealth AG, Grubenstrasse 18, 8045 Zurich (hereinafter referred to as the Operator).

These Terms of Use apply exclusively to the use of the information on this website, the registration for the establishment of a customer account and for the establishment of a test account (hereinafter referred to as "Services"). In addition to these Terms of Use, the contractual relationship with the client is also subject to the asset management order to be agreed separately.

The information and offers on this website are directed at legal or natural persons domiciled in Switzerland. Any information provided on our websites and in our communication does not purport to be, and is not intended to be, financial, legal, accounting, tax or personal investment advice.

The use of these services is not permitted in a legal system that does not allow all provisions of these Terms of Use to take effect, including and without limitation the choice of law and jurisdiction clause in accordance with Clause 12.

2. Use of the Services

The users of our services agree to the use of our website and the input of data in accordance with these Terms of Use and acknowledge our Data Protection Declaration.

The use of our services for illegal purposes or to impair the website is prohibited.

True Wealth AG reserves the right to monitor the use of the Services in order to verify compliance with these Terms of Use and the Data Protection Declaration or any applicable laws or legal obligations.

Access to the Services, their quality, speed and availability at all times is at the sole discretion of True Wealth AG. Access to customer accounts may be blocked, suspended or terminated at any time without notice.

If you notice any incidents in connection with our website that appear unusual to you, we would be very grateful if you would notify us immediately.

3. Set up a Test Account

It is possible to open a test account with a virtual portfolio. The creation and operation is free of charge and non-binding. No real assets are invested, nor is there any right to any profit.

With the test account, we only allow the user to create a virtual portfolio in order to gain insight and experience in the field of asset management and to illustrate our services to potential clients.

With the input of required data the user receives an e-mail with a confirmation link. After activation by clicking on the confirmation e-mail, the user is taken to the test account. A virtual portfolio is created as soon as the questions on financial risk propensity and risk tolerance have been answered. The user can then manage his or her virtual portfolio without any restrictions and achieve fictitious profits and losses.

User name and password for the test account may only be used by the person who originally created or defined them. Passing on to third parties is prohibited.

The user can have the test account and the associated data deleted at any time by logging in to the user account and clicking on "Withdrawals" under the "Payments" tab and finally selecting "Liquidate portfolio".

4. Registration as a Customer

You can register as a customer on our website. You will then receive an asset management agreement from us, which only comes into effect with our second physical or electronic signature.

In order to comply with legal requirements, we will check your identity and information within the framework of the Act on Combating Money Laundering and Terrorist Financing.

In addition to the asset management mandate, these Terms of Use also apply to clients. In the event of contradictions, these Terms of Use shall take precedence over the asset management mandate.

The assets we manage are held by one or several selected banks (custodian bank) with which we have entered into a suitable cooperation agreement.

By registering as a customer on our website you wave the Swiss banking secrecy towards us and the selected custodian bank, so that we and the custodian bank are permitted to exchange and disclose the information and data required for cooperation (personal data, account / custody account information, etc.).

As a customer, you undertake to deposit only taxed assets to our account-managing bank (custodian bank) and to comply with applicable tax regulations.

If you revoke our power of attorney or if it expires, the continuation of the corresponding custodian bank relationship based on execution-only business is not envisaged.

5. Links to Third Party Websites

The web pages contain various links to third party providers. These are marked with the respective logos. By clicking on these hyperlinks you leave the area of our website which is also no longer within our sphere of influence.

The contents of the external links are beyond our influence, so that we do not assume any liability for the safety and correctness of such contents. The responsibility always lies with the respective operator of the external website(s). Should we become aware of any legal infringements, we will remove the corresponding external links immediately.

6. Communication

Communication with our website is encrypted. However, communication with our mail servers is open and unencrypted. If you communicate with us via e-mail, it cannot be ruled out that data sent with this channel may be viewed by third parties and that contacts with us may be traced. In addition, the data may circulate across borders, even if the sender and recipient are located in Switzerland. Therefore, it doesn’t guarantee the confidentiality of the data transmitted by e-mail.

If you correspond with us by e-mail or other unsecure communication channels, we assume that you agree to this form of communication with us and accept the mentioned and other risks. Otherwise, we ask you to notify us accordingly so that encrypted communication can be set up. We store your e-mail correspondence in accordance with the legal requirements.

7. Data Protection and Data Security

For our processing of personal data, please refer to our Data Protection Declaration.

8. Copyright

The information on this website and the newsletter such as trademarks, product names or company names or logos, texts, images, graphics, photos, videos, software including source code etc. are protected by Swiss and international intellectual property law. In particular are «True Wealth» and the True Wealth Logo protected trademarks of True Wealth AG.

The structure of our website is also protected. The user can use this information for internal purposes free of charge and at any time revocable by the operator. Any use of the website and its information, such as copying, reproducing, modifying, reselling, distributing, extracting, re-using, transferring, publishing, downloading, reproducing or any other use thereof, regardless of the means or medium used, is prohibited without the written consent of True Wealth AG. All rights reserved.

If we are not the creator of the content, we respect the copyrights of third parties. We mark such contents as contents of third parties. In the event that, despite careful work on our part, you notice an infringement of copyright, we ask you to inform us accordingly so that the removal of this content can be arranged immediately.

9. Market Data

We obtain financial market data from SIX Financial Information and its licensors. Six Financial Information and its licensors reserve all rights. Distribution and use by third parties is prohibited. True Wealth AG, SIX Financial Information and its licensors do not assume any liability for information shown and disclaim any liability in connection with data and prices.

We obtain index data from MSCI. Neither MSCI nor any other party involved in the calculation, compilation or production of the MSCI Data makes any warranty, express or implied, as to the Data (or results obtained through its use) and all parties and True Wealth hereby expressly disclaim any warranty of originality, accuracy, completeness, merchantability or fitness for a particular purpose. Without limiting the foregoing, in no event shall MSCI or its affiliates or any third party company or True Wealth involved in the calculation, compilation or production of the data be liable for any direct, indirect, special or other damages (including lost profits) or any damages whatsoever, even if advised of the possibility of such damages. No further distribution or disclosure of MSCI data is permitted without the express written permission of MSCI.

10. Liability

The user uses the services at his or her own risk. True Wealth AG disclaims all liability arising from the use of the services. True Wealth AG shall in particular not be liable for direct, indirect, direct and indirect personal injury or damage to property or purely financial losses caused by unintentional acts or omissions or by slight or medium negligence. Any mandatory statutory provisions shall remain reserved.

In addition, True Wealth shall not be liable for any acts or omissions of any of True Wealth AG’s auxiliary persons for any loss of data, transmission interference and/or security, any damage caused by interruption or failure of any Service, or any loss due to unauthorized access or viruses and other harmful components.

We assume no liability for the accuracy, completeness and topicality of the information contained on the website and do not oblige ourselves to ensure this. The content of the website and its services may be changed at any time and without prior notice. The information published on the website comes from various sources, including third party sources (see point 9).

The user shall choose and keep his or her access data to the True Wealth Platform safe and confidential at all times, in particular his or her username and password, and protect them against misuse by unauthorised persons. In this context, the user is advised to activate the two-factor authentication option for additional protection regarding access to his or her online account on the True Wealth Platform. True Wealth AG is not liable for damages if the user's personal access data is misused. True Wealth AG can readily assume that information provided in the user's password-protected area originates from the user. If True Wealth AG becomes liable to any third party for any use by a user, that third party shall fully indemnify True Wealth AG, including any enforcement costs. You are also responsible for your use of this website in accordance with all applicable laws in the country from which you access the website.

11. Regulatory Approval

True Wealth AG is licensed exclusively in Switzerland to provide asset management services. We assume that the client is aware of this when entering into the business relationship. You can find the information of the relevant authority here: Imprint.

12. Changes

We may change or discontinue the information, content, structure, etc., of this website, including the legal notices, at any time without notice.

13. Applicable law and jurisdiction

Any disputes, on whatever legal grounds, that may arise between you and True Wealth in connection with the use of the services shall be governed by the substantive laws of Switzerland, without regard to its conflicts of law principles and international law. The place of jurisdiction shall be the registered office of True Wealth AG, subject to mandatory legal jurisdictions.

Zurich, 14 August 2023, Version 1.6