Legal Terms and Conditions
1. Introduction
These Terms of Use constitute a legally binding agreement between you and DIGTL Trust Kommanditbolag (“DIGTL Trust,” “we,” “us,” or “our”) regarding your use of and access to the Site. You acknowledge and agree DIGLT Trust may, in its sole discretion, change, improve and/or correct any functionality or Contents of the Site and to suspend and/or deny access to the Site for any reason, without any obligation and without any notice.
2. Accepting the Terms of Use and Additional Terms
By accessing and using our Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.
DIGTL Trust reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.
The Additional Terms and the Privacy Policy are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of our site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy, and any Additional Terms.
3. Regulated
DIGTL Trust Kommanditbolag (“DIGTL Trust”) is a Limited Partnership incorporated under the laws of Sweden on October 8th, 2021, with company registration number 969796-3800, and registered office at Kungsbro Strand 29, 112 26 Stockholm, Sweden.
DIGTL Trust carries on the business of an Asset Management / Trust Company in Sweden (fiduciary business) and primarily engages in buying, selling, transferring, trading, custody, and protection of digital and financial assets on behalf of third parties and related activities. There are no limitations on the type of assets (including digital ones) that can be placed under management by DIGTL Trust.
DIGTL Trust is a regulated entity for AML-CTF Purposes. The money laundering regulations guiding the County Administrative Board’s work are a) the Money Laundering and Terrorist Financing Prevention Act (2017:630); b) the Money Laundering and Terrorist Financing Prevention Ordinance (2009:92); and c) the County Administrative Board’s provisions and guidelines on prevention of money laundering and terrorist financing. The Swedish money laundering regulations are based on the EU’s Fourth Anti-Money Laundering Directive. The provisions in the directive are based on international standards, which have been issued by the intergovernmental organization Financial Action Task Force – FATF. You can find more information here.
We are not licensed by or registered with the Finansinspektionen or any other financial services regulator. Nothing in this website constitutes an offer, distribution, solicitation, or marketing of any security. We are not an exchange, alternative trading system (ATS) or multilateral trading facility (MTF), escrow agent or transfer agent. We do not provide legal, accounting, tax, or regulatory advice.
Although acting in our capacity as an Asset Management entity we can manage our customers’ financial and digital assets, which includes sending, receiving, transferring, brokering, holding, custody and protecting of assets, we are not a licensed Electronic Money Institution (EMI), Payment Institution (PI), Forex Brokerage.
4. Use of the Site by You
Your use of the site is subject to all applicable Swedish and European Union (EU) laws, directives and regulations. You may not use, allow, or enable others to use the site, or knowingly condone use of the site by others, in any manner that is, attempts to, or is likely to:
– be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
– affect us adversely or reflect negatively on us, the site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
– send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
– modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the site or the rights or use and enjoyment of the site by any other user;
– advocate or encourage any illegal activity;
– violate the privacy of any individual, including users of the site; or
– violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
In order to gain access to our asset management services, you may be required to provide information about yourself (such as identification or contact details and jurisdiction of residence). You agree that any registration information you give to DIGTL Trust will always be accurate, correct and up to date.
You agree that you are solely responsible for (and that DIGTL Trust has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences of any such breach.
5. User Generated Content
You acknowledge and agree that to the extent that you generate content, you will be solely responsible for any content posted to the site by you, including any events, news items, photos, videos, or comments (“User Content”). DIGTL Trust will not be liable in any way for any such User Content submitted. You further agree that you will not:
– submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
– submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents.
You shall be solely liable for any damage resulting from any
– infringement of copyright, trademark or other proprietary rights;
– submit any User Content which contains a virus or other harmful components;
– engage in activity that interferes with or disrupts the use of the Site by other users;
– submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities; or
– make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity.
You agree that no User Content submitted by you to the Site will:
– violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
– be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party; or disparage the products or services of any third party.
DIGTL Trust does not pre-screen, monitor or edit User Content posted or submitted to the site. However, Digital Markets reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
You may be exposed to User Content on the Site that is inaccurate, incomplete or unsuitable. Please notify DIGTL Trust (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and DIGTL Trust will take appropriate action.
DIGTL Trust will ensure that any offending comments are removed, and take appropriate action against the offender. Digital Markets will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
DIGTL Trust may establish procedures and practices relating to the use of and participation in the site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion.
DIGTL Trust will not be responsible for any User Content deleted by DIGTL Trust or otherwise, or for your inability to submit any User Content.
6. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to DIGTL Trust are non-confidential and shall become the sole property of DIGTL Trust which owns exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
7. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the site to third party websites. Such third party websites are not under the control of DIGTL Trust, and DIGTL Trust is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by DIGTL Trust of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk. You acknowledge and agree that DIGTL Trust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
8. Privacy and Personal Information
For information about DIGTL Trust’s treatment and protection of personal information, please read our Privacy Policy at digtltrust.com/policy. This policy explains how DIGTL Trust treats your personal information, and protects your privacy, when you use the site.
9. Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the site, is the exclusive property of DIGTL Trust, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with DIGTL Trust, nothing in these Terms of Use gives you a right to use any of the Contents, DIGTL Trust’s trade-marks or other intellectual property of DIGTL Trust. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.
You may use the site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
No information or statement contained in these Terms of Use or the site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of DIGTL Trust or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of DIGTL Trust or its owner if DIGTL Trust is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
The limited rights granted to you under these Terms of Use may be revoked by DIGTL Trust at any time for any reason whatsoever.
10. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by DIGTL Trust on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Digital Markets. DIGTL TRUST DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
11. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, DIGTL TRUST DOES NOT REPRESENT OR WARRANT TO YOU THAT:
– YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
– YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
– ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
– DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGTL TRUST OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
DIGTL TRUST FURTHER 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 PURPOSE AND NON-INFRINGEMENT.
12. Limitation of Liability
SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGTL TRUST, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, AND YOU HEREBY RELEASE DIGTL TRUST FROM ANY AND ALL CLAIMS OR ACTIONS ARISING FROM YOUR AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE.
THE LIMITATIONS ON DIGTL TRUST’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT DIGTL TRUST HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13. Termination
We may terminate your use of the site and/or access to the Contents, features, functionality and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
DIGTL Trust may at any time, terminate your use of the Site if:
– you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
– DIGTL Trust is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
– the partner with whom DIGTL Trust offered the services to you has terminated its relationship with DIGTL Trust or ceased to offer the services to you; or
– the provision of the Site to you by DIGTL Trust is, in DIGTL Trust’s opinion, no longer commercially viable.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and DIGTL Trust have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
14. Indemnification
You agree to indemnify, defend, and hold harmless DIGTL Trust and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
15. General
These Terms of Use, together with any Additional Terms and the Privacy Policy constitute the entire agreement between you and DIGTL Trust relating to your use and our provision of the Site. You agree that DIGTL Trust may provide you with notices, including those regarding changes to these Terms of Use, by email, egular mail, or postings on the Site.
You agree that if DIGTL Trust does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which DIGTL Trust has the benefit of under any applicable law), this will not be taken to be a formal waiver of DIGTL Trust’s rights and that those rights or remedies will still be available to DIGTL Trust.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Kingdom of Sweden applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
No email address found on the Site may be harvested or otherwise used for purposes of solicitation.
16. Obtaining DIGTL Trust’s Consent
To request the consent of DIGTL Trust for any of the actions for which such consent is required under these Terms of Use, please send an email to digtltrust@digtl.co. DIGTL Trust reserves the right to refuse any such requests in its sole discretion.