Terms of Use

General Terms and Conditions / Terms of Use

Zondax AG – Zondax & Kunobi Websites Zug, October 2022 (updated for Kunobi, October 2025)

Preamble

These Terms of Use apply to both the Zondax and Kunobi websites and services, which are owned and operated by Zondax AG, Zug, Switzerland. References to "Zondax", "we", or "us" in these Terms include Zondax AG and its brand Kunobi. By using any of our websites or services, users agree to these General Terms and Conditions.

1. Scope

These General Terms and Conditions lay down the rules regarding the use of Zondax AG's (hereafter "Zondax", "company", "we", or "us") websites and services, including the Zondax and Kunobi websites, by their users. By using any of our websites or services, users agree to these General Terms and Conditions.

2. Access to the Websites and Services

2.1. Generally, within the scope of these General Terms and Conditions, access to and use of the websites and services may require prior registration or account setup.

2.2. Zondax may, at any time and without prior notice, limit the requests per user or modify, adjust, or suspend access to or use of the websites or services, in part or in whole, for individual users or in general.

2.3. Information and services published on the websites may be modified, adjusted, or suspended at any time without notice. This also applies to these General Terms and Conditions.

2.4. Zondax does not provide support for access to or use of the websites and services.

3. Acceptable Use

3.1. The information and services accessible through the websites are provided for any legal use within the scope of these General Terms and Conditions. The use of the information and services is at the sole and exclusive risk of the user (see Section 9: Liability).

3.2. When accessing or using the websites or services, users agree not to violate any law (e.g., using the websites or services to pay for, support, or otherwise engage in any illegal activities, including but not limited to illegal gambling, fraud, money laundering, or terrorist activities), contract, intellectual property, or other third-party right, and to assume sole responsibility for their conduct while using our services.

In addition, users must not:

(i) Use our websites or services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our services, or that could damage, disable, overburden, or impair the functioning of our services in any way;

(ii) Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our services or extract data beyond what is exposed via public APIs intended for automatic data consumption;

(iii) Engage in automated data collection (scraping);

(iv) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our services that users are not authorized to access;

(v) Introduce any virus, trojan, worm, logic bomb, or other harmful material to the websites or services;

(vi) Develop any third-party applications that interact with our websites or services without our prior written consent;

(vii) Provide false, inaccurate, or misleading information; and

(viii) Encourage or induce any third party to engage in any of the activities prohibited under this section.

4. User-Generated Content

4.1. Users are solely responsible for the content of, and for any harm resulting from, any user-generated content that they may post, upload, link to, or otherwise make available via the websites or services, regardless of the form of that content. Zondax is not responsible for any public display or misuse of user-generated content. Zondax has the right (though not the obligation) to refuse or remove any user-generated content that, in its sole discretion, violates any of Zondax's terms or policies.

4.2. Should users post content not created by themselves or of which they do not own the rights, they assume responsibility for any such content and undertake to only submit content that they have the right to post and to fully comply with any third-party licenses relating to content they post.

4.3. Zondax (including its brands, such as Kunobi) is legally entitled to actions such as hosting users' content as well as publishing and sharing it. Users grant Zondax and its legal successors the right to store, parse, and display their content, and to make incidental copies if necessary to operate the websites and provide the services.

4.4. Users retain all moral rights relating to the content that they upload, publish, or submit to any part of the services, including the rights of integrity and attribution. However, they waive these rights and agree not to assert them against us, so as to enable us to reasonably exercise the rights granted in this Section.

4.5. To the extent that this agreement is not enforceable by applicable law, users grant Zondax the rights necessary to use their content without attribution and to make reasonable adaptations of users' content if necessary to operate the websites and provide the services.

5. Copyrights and Other Intellectual Property Rights

5.1. Unless otherwise indicated by Zondax, all copyright and other intellectual property rights regarding all content and materials contained on the Zondax or Kunobi websites or provided in connection with their services—including, without limitation, the company logos, design elements, texts, graphics, pictures, information, data, software, sound files, other files, and their selection and arrangement (collectively, "Company Materials")—are the proprietary property of Zondax AG or its licensors and are protected by copyright and other intellectual property right laws.

5.2. Unauthorized use and/or duplication of this material without express and written permission by Zondax is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Zondax with appropriate and specific direction to the original content.

6. Trademarks

6.1. "Zondax" and "Kunobi", as represented in their respective logos, and any other product or service names, logos, or slogans that may appear on the Zondax or Kunobi websites or in their services, are trademarks or registered trademarks of Zondax AG. They may not be copied, imitated, or used, in whole or in part, without prior written permission from Zondax.

6.2. Users may not use any trademark, product, or service name of Zondax, including but not limited to "Zondax" and "Kunobi", without prior written permission from Zondax. This includes, without limitation, any metatags or other "hidden text" utilizing any Zondax trademark, product, or service name. In addition, the look and feel of our websites and services—including all page headers, custom graphics, button icons, and scripts—are considered the service mark, trademark, and/or trade dress of Zondax and may not be copied, imitated, or used, in whole or in part, without prior written permission.

6.3. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by Zondax.

7. Cookie Statement

Please visit https://zondax.ch/legal/cookies and, where applicable, https://kunobi.ninja/cookies-policy for details on cookie usage.

8. Privacy Policy

Please visit https://zondax.ch/legal/privacy and, where applicable, https://kunobi.ninja/privacy-policy to understand how Zondax collects and uses personal information across both the Zondax and Kunobi websites.

9. Liability

9.1. Although Zondax endeavors to ensure that the information and services are accurate at the time of publication, Zondax cannot make any representation or warranty as to the accuracy, timeliness, completeness, merchantability, usability, or suitability for a particular purpose of the information and services. The information and services are provided on an "as is" and "as available" basis, with all faults. The use of the information and services is at the sole and exclusive risk of the user.

9.2. Third-party information and services on the Zondax or Kunobi websites and on their own websites are entirely the responsibility of the respective third party. Zondax assumes no liability or warranty for the content or the correct and virus-free functioning of third-party sites that can be accessed through a link.

9.3. Zondax does not guarantee the continuous, error-free, or virus-free operation of the websites or services.

9.4. Zondax expressly excludes, to the fullest extent permitted by law, any liability for damages in connection with the use of the websites or services or of documents or information obtained from them, as well as for indirect, incidental, or consequential damages in any form, including, without limitation, those arising from any third-party claims against the user.

9.5. Furthermore, Zondax cannot be held liable for any damage (including viruses) to the user's hardware, software, or other property related to the access to or use of the websites or services or the download and use of documents and information.

10. Indemnity

The user agrees to defend, indemnify, and hold Zondax harmless (and each of our officers, directors, members, employees, agents, contractors, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including, without limitation, reasonable attorneys' fees, arising out of or relating to:

(i) users' use of, or conduct in connection with, our websites or services;

(ii) any feedback users provide;

(iii) users' violation of these Terms; or

(iv) users' violation of any rights of any other person or entity.

11. Final Provisions

11.1. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

11.2. Zondax expressly reserves the right to change these General Terms and Conditions at any time. Such changes will apply immediately. Users are responsible for referring to the currently valid version on the websites.

11.3. Users' General Terms and Conditions do not apply.

11.4. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

11.5. Legal disputes arising from or in connection with the use of the Zondax or Kunobi websites or services shall be governed exclusively by Swiss law, except for any legal norms that refer to another legal system. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.6. The sole place of jurisdiction is Zug, Switzerland.