Creditum Website Terms and Conditions

1. Scope

These website terms and conditions ("Website Terms") apply to the access and use of the website available on https://creditum.io/ ("Website"), offered by Card Solutions AG, Baarerstrasse 43, CH-6300 Zug, Switzerland ("Creditum").

To access or use the Website, you ("User") have to agree to these Website Terms. If the User does not agree to these Website Terms, the User may not use or access the Website.

Creditum reserves the right to change these Website Terms, the Website, any part of it, or any related services from time to time or suspend the Website or parts of it temporarily or definitively at any time at its own discretion. The User should review the Website Terms on a regular basis. The User's continued use of the Website following any amendments indicates acceptance of the changes to the Website Terms.

Unless explicitly stated otherwise, any reference to goods and services is for informational purposes only and does not constitute an offer to buy or sell any goods or services.

2. Services

Creditum offers various services including payment processing services, traditional FIAT and stablecoins settlements to merchants and/or partners, smart routing services, fraud & chargeback prevention services, authentication and related services ("Creditum Services").

The User understands and acknowledges that the provision of the Creditum Services is subject to, and governed by, a separate agreement to be concluded between Creditum and an interested User at Creditum's sole discretion.

For the avoidance of doubt, the User understands that the Creditum Services are in any case not available to UK residents.

3. Representations of the User

By using the Website, the User represents and warrants that:

  • all information or content the User submits is true, accurate, current, and complete, and the User is using its real name/identity or the real name/identity of its organization, and not a fictitious name or identity;
  • the User maintains the accuracy of such information and promptly updates such information as necessary;
  • the User has the legal capacity and is empowered to agree and comply with these Website Terms;
  • the User is using the Website on its own behalf or that of an organization or entity of which the User is an owner or employee;
  • the User will not use the Website for any illegal or unauthorized purpose; and
  • the User’s use of the Website will not violate any applicable law or regulation.

The User agrees also not to do any of the following:

  • Systematically retrieve information, data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory, without written permission from Creditum.
  • Trick, defraud or mislead Creditum and other Users, especially in an attempt to learn sensitive account information such as user passwords.
  • Use the Website as part of any effort to compete with
  •  
  • Use the Website in any way that violates any applicable securities laws and regulations, or that violates obligations to which you are bound.
  • Upload or transmit any form of virus, worm, trojan horse, code injection, phishing attempt, or other malicious information or code.
  • Try to decompile or reverse engineer the Website or any part of it, or derive the source code.
  • Copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, code obtained from the Website, or any other part of Creditum Services.
  • Create derivative works based on the whole or any part of the Website or any content available on the Website.

Any breach of any of the above warranties constitutes a material breach of these Website Terms. 

4. No warranty and limited liability

The Website, together with all content, data, information, and materials contained therein, is provided 'as is' and 'as available' without warranties or representations of any kind. Creditum regularly carries out maintenance or improvements to the Website and its infrastructure but does not guarantee that the Website will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruptions from time to time.

The User further acknowledges and agrees that Creditum is not representing or warranting any particular feature of the Website or with the specific objectives that the User is hoping to achieve via the Website or any damages arising from it. Neither the Website nor any information or data contained therein constitute financial, investment, tax, legal, accounting, or other advice.

The Website may contain statements that constitute ‘forward-looking statements’. Creditum is under no obligation to update or alter its forward-looking statements, whether as a result of new information, future events, or otherwise and makes no warranty regarding the completeness and accuracy of such statements.

To the extent permitted by applicable law, the liability of Creditum, its affiliates, or any of its directors, employees, contractors, service providers, or agents is limited to wilful misconduct, gross negligence, and personal injury. Any further liability of Creditum under any title is explicitly excluded, including any liability for economic, or intangible damages deriving from the User’s use of the Website and liability for technical transmission delays or outages.

The User agrees to fully indemnify Creditum from and against any liability, costs, demands, causes of action, damages, and expenses arising in any way related to the User's breach of any of the provisions of the Website Terms.

5. Confidentiality and data protection

The Website respects the privacy and confidentiality of the Users.

Creditum collects and processes personal data as described in its privacy policy. Creditum protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the applicable data protection legislation.

The User authorizes Creditum to use anonymized data to improve the Website and Creditum Services, or for analysis purposes.

In the event that Creditum is compelled by court or other legal requirements to disclose the contact details of a User, Creditum will comply with such legal obligations. Creditum will, to the extent permitted by law, endeavour to notify the affected User promptly about any such compelled disclosures, in alignment with the principles of confidentiality and data protection upheld in the Website Terms and Swiss law.

6. Term and termination

Each party may terminate these Website Terms at any time with immediate effect. Termination shall not affect the rights, obligations, or liabilities of either party that arose prior to termination or continue beyond termination.

7. Intellectual Property

Creditum retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks and brand elements, designs, domain names, know-how, trade secrets, data, and other intangible property and other rights in the Website, or any part of it, including its own content on the Website.

8. Newsletter

By signing up for Creditum’s newsletter, the User agrees that Creditum may contact them and inform them about updates on the Creditum Services and new products from time to time. The User can at any time unsubscribe from the contact list by sending an email to [email protected].

9. Miscellaneous

Notices: Notices must be given in text form and need to be communicated:

  • to Creditum's attention: via the option “Contact us” on the Website, via email to [email protected], or as a registered letter to: Card Solutions AG, Baarerstrasse 43, 6300 Zug, Switzerland
  • to the User's attention: by e-mail to the e-mail address provided by the User.

No assignment: The User may not assign or transfer any of its rights, obligations, or claims under the Website Terms without the prior consent of Creditum. Creditum reserves the right to assign this, transfer, or assign the information that we have collected from you on the occasion of an assignment to subsidiaries, affiliates, controllers or entities of the same business group or as a consequence of any other operation.

Language: These Website Terms are available in more than one language version. In case of discrepancy between the English version of these Website Terms and any translated version, the English version prevails.

Severability: If any provision of these Website Terms (in whole or part) is held to be illegal, invalid, or otherwise unenforceable, the other provisions will remain mutatis mutandis in full force and effect.

Conflict with additional terms: Certain web pages, parts of the Website, or Creditum Services may be governed by specific terms or agreements. In case of a conflict between these Website Terms and any specific terms, such as any individual agreement concluded between Creditum and the User, the specific terms prevail.

Links: The Website may contain third-party content or links to third-party websites. Creditum does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.

Governing law & jurisdiction: These Website Terms are governed by and construed in accordance with the substantive laws of Switzerland under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), and subject to the jurisdiction of the ordinary courts at the seat of Creditum.