Terms of Service

1. Your Acceptance

Welcome to the Terms of Use for the fsc24.ch website and any services provided by FSC24 GmbH.
(collectively referred to as the “Platform”). This is an agreement (“Agreement”) between FSC24
GmbH, (“FSC24″), the owner and operator of the Platform and you (“you”, “your” or “user(s)”), a user
of the Platform.
Throughout this Agreement, the words “FSC24,” “us,” “we,” and “our,” refer to our company, FSC24
GmbH, as is appropriate in the context of the use of the words.
By clicking “I agree” or accessing the Platform you agree to be bound by this Agreement and the
Privacy Policy. We may amend this Agreement at any time and may notify you if we do so.

2. User Accounts and Sign-upPortions of the Platform may require you to create a login or sign-up for an account. You must fully
complete the registration process by providing us with your current, complete, truthful, and accurate
information as prompted by the applicable registration form. Where required, FSC24 may also
assign you a username and password. You are entirely responsible for maintaining the
confidentiality of your password and account and for any and all activities that occur under your
account. You agree to notify FSC24 immediately of any unauthorized use of your account or any
other breach of security. FSC24 will not be liable for any losses you incur as a result of someone
else using your password or account, either with or without your knowledge. However, you could be
held liable for losses incurred by FSC24 or another party due to someone else using your account or
password. You may not use anyone else’s account at any time, without the permission of the
account holder. Companies may register via the Platform but may only have one user account. If you
are registering on behalf of your company, you represent and warrant that you are authorized by
your company to create an account on your company’s behalf. FSC24 has the sole discretion in
granting or denying any accounts.

3. Privacy
Please read FSC24’s Privacy Policy for more information regarding the collection and use of your
information.

4. Access to the Platform
After properly registering for the Platform, we grant you a personal, non-exclusive, fully revocable,
non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As
a user, you do not receive any ownership interest in the Platform; you merely receive the right to use
and access the Platform as provided by us. All rights not explicitly granted are reserved for FSC24.
You agree to abide by the following restrictions listed below:

● You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan,
distribute, or create derivative works or improvements to the Platform or any portion of the
Platform.
● You may not share your license with any other parties unless permitted by us in writing.
● You may not violate any laws, rules or procedures in Switzerland.
● You may not violate any of our additional policies.
● You may not use our Platform except through specific channels provided by us.
● You may not use the Platform on a computer that is used to operate nuclear facilities, life
support, or other mission-critical applications where life or property may be at stake.
● You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided
by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these
restrictions, we may revoke your license to use our Platform, at our discretion. Additionally, we may
revoke or restrict your access to our Platform if we believe that your actions may harm or have
harmed FSC24 or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.

5. User Content
Your ability to submit or transmit any information through the Platform, including but not limited to
text, audio messages, videos, photos, images or any other information will be referred to as “User
Content” throughout this Agreement. All User Content you submit to the Platform will be owned by
you. Please be aware that we are not required to host, display, migrate, or distribute any of your
User Content and we may refuse to accept or transmit any User Content. You agree that you are
solely responsible for any User Content submitted and you release us from any liability associated
with any User Content submitted. You understand that we cannot guarantee the absolute safety and
security of any such User Content. Any User Content found to be in violation of this Agreement or
that we determine to be harmful to the Platform may be modified, edited, or removed at our
discretion. FSC24 does not endorse and may not verify, monitor, or restrict any of its users or any
User Content submitted. You agree that any User Content or any other information may be
inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights
to the User Content and you have paid for or otherwise have permission to use any User Content
submitted.

When you submit any User Content to us, you grant FSC24, its partners, affiliates, users,
representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide,
universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast,
transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your
User Content. It is important for you to grant us this license so that we may transmit your User
Content to other users through our Platform. Additionally, although you own all User Content
submitted by you, we own all layouts, arrangements, metadata, and images that are used to render
your User Content through our Platform.
6. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that
the Platform will always be available, work, or be accessible at any particular time. We make no
uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time.
We may conduct such modifications to our Platform for security reasons, intellectual property, legal
reasons, or various other reasons at our discretion, and we are not required to explain such
modifications. For example, we may provide updates to fix security flaws or to respond to legal
demands. Please note that this is a non-binding illustration of how we might exercise our rights
under this section, and nothing in this section obligates us to take measures to update the Platform
for security, legal, or other reasons.

7. Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the
FSC24 Platform made using your account. You agree to abide by the following rules of conduct:
● You will not copy, distribute or disclose any part of the Platform in any medium, including
without limitation by any automated or non-automated “scraping”;
● You will not attempt to interfere with, compromise the system integrity or security of, or
decipher any transmissions to or from the servers running the Platform;
● You will not use any robot, spider, crawler, scraper or other automated means or interface
not provided by us to access the Platform or to extract or export data collected through the
Platform;
● You will not take any action that imposes, or may impose at our sole discretion, an
unreasonable or disproportionately large load on our infrastructure;
● You agree not to use the Platform to stalk, harass, bully or harm another individual;
● You agree that you will not hold FSC24 responsible for your use of the Platform;

● You may not post any User Content that is violent, distasteful, contains sexual nudity or sex
acts or is otherwise not up to community standards;
● You agree not to violate any requirements, procedures, policies or regulations of networks
connected to FSC24;
● You agree not to interfere with or disrupt the Platform;
● You agree to not violate any swiss federal or state laws while using the Platform; and
● You agree not to use the Platform in any way that is: misleading, unlawful, defamatory,
obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of
your actions may harm FSC24’s Platform or business interests your privileges to use our Platform
may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an
explanation for any suspension or termination of your use of any of our Platforms, but FSC24
reserves the right to suspend or terminate any account at any time without notice or explanation.

8. Seller Services Disclaimer
FSC24 EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE,
LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR
INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU
HEREBY ACKNOWLEDGE AND AGREE THAT FSC24 MAY PROVIDE INFORMATION ABOUT A
SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH
INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND
FSC24 PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS
AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY FSC24.
All Seller Services are sold on an “as is” basis. The user releases FSC24 from any liability
associated with the user’s use of the Platform or purchase of any Seller Services.
FSC24 is not a party to any contracts between users and Sellers. Additionally, Ionicware does not
control or direct the Seller or the Seller Services, including but not limited to the delivery date,
performance, or quality. FSC24 does not introduce users to Sellers. FSC24 merely makes the
Platform available to enable Sellers to identify and determine the suitability of users for themselves
and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions,
advice, or information expressed by any Seller are those of the individual and the individual alone
and they do not reflect the opinions of FSC24. FSC24 does not direct, is not an employer, has no
control over, makes no representations, and does not guarantee the quality, safety or legality of any
Seller Services provided by Seller.

9. Payments
In order to purchase any Seller Services, the user may be required to pay a fee as listed on the
Platform by the Seller. Seller shall receive all such fees minus any fees deducted by FSC24. If you
wish to purchase anything from our Platform you agree that we may charge your payment method
on file and you agree to pay the fee listed on the Platform. Your credit card information or other
payment methods will be processed and stored by us. All payment information is hosted on PCI/DSS
compliant services. Although you may have a balance in your account please be aware that FSC24
does not provide banking or escrow services and you may not use FSC24 for such purposes.

10. Order Confirmation
The Seller Services are not confirmed until the user receives an order confirmation (the “Order”)
from the Seller. All orders are subject to additional terms and conditions of the Seller as listed by the
Seller. Seller may list dates and timelines for the Seller Services to be provided for each Order or
other relevant information. FSC24 is not responsible for any Orders or the delivery of any SellerServices.

11. Refunds
At FSC24 we want you to be satisfied with any Seller Services offered via the Platform. All Orders
made by a user shall only be refunded if such Order has not been fulfilled by a Seller. Before any
Order can be refunded for any Seller Services, the user must first attempt to contact the Seller. If the
Seller fails to respond or does not deliver the Order as promised to the user, the user may then
initiate a refund request by contacting FSC24. Please be aware that refunds can only be given for
unfulfilled orders and no refunds will be issued for any other reason. All refunds are issued at the
sole discretion of FSC24. If you wish to request a refund or have an issue with any account billing,
please contact us at support@fsc24.ch.

12. Non-Circumvention
Users and Sellers acknowledge and agree that in order for FSC24 to make the Platform available, it
must receive fees for all Seller Services and Orders transacted. In consideration for making the
Platform available for users and Sellers, you agree that for a period of 24 months from the time you
identify or are identified by any party through the Platform , you must use the Platform as your
exclusive method to request, make, and receive all payments for any Seller Services or Orders
directly or indirectly provided to or received from that party or arising out of your relationship with that
party. Users may only opt-out of the non-circumvention by paying an opt-out fee of CHF 10000 or
200% of the total Orders purchased from a Seller in the past calendar year, whichever is greater.
You agree to notify FSC24 immediately if another person improperly contacts you or suggests
making or receiving payments outside of the Platform.

13. Seller and User Disputes
In the event of a dispute between Seller and user, the Seller and user agree to attempt to settle the
dispute amicably and in good faith by contacting each other and attempting to resolve such a
dispute. If such a dispute cannot be settled, the Seller or user may contact FSC24. FSC24, at its
discretion, may assist in settling the dispute. In the event that FSC24 assists in any dispute
resolution, the Seller and user agree to accept such resolution as resolved, binding, and final. This
section does not obligate FSC24 to settle disputes between any users and any Sellers and all users
agree that FSC24 is not a party to any such disputes.

14. Termination
You may cancel your account at any time via your dashboard or contacting us at support@fsc24.ch.
Please be aware that upon the termination of your account, access to portions of our Platform may
become immediately disabled and any Seller Services or Orders not concluded may be terminated.
Upon termination, you will not be entitled to any refunds or proration of any fees paid except as
stated in this Agreement. We may terminate your membership if we determine that: (1) you have
violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any
other of our Platform policies; (3) if your account has remained inactive for an extended period of
time; or (4) if we believe that any of your actions may harm FSC24, at our sole decision or discretion.
In the event of termination, we will strive to provide you with a timely explanation; however, we are
not required to do so.

15. Taxes
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases.
Therefore, at the time of payment, we may collect all applicable taxes related to your use of the
Platform. In the event that we do not collect the applicable taxes, you agree that you are still
responsible for any applicable taxes. Although no taxes may be collected by us you agree that you
will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. In the event we
do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting,
transmitting, or advising on taxes, duties, or other levies by the government regarding your
payments.

16. Idea Submission
FSC24 or any of its employees do not accept or consider unsolicited ideas, including but not limited
to ideas relating to processes, technologies, product enhancements, or product names. Please do
not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in
any form to FSC24. The sole purpose of this policy is to avoid potential misunderstandings or
disputes when FSC24’s products might seem similar to ideas you submitted to FSC24. If, despite
our request that you do not send us your ideas, you agree to the following: (1) your Submissions and

their contents will automatically become the property of FSC24, without any compensation to you;
(2) FSC24 may use or redistribute the submissions and their contents for any purpose and in any
way; (3) there is no obligation for FSC24 to review the Submission; and (4) there is no obligation to
keep any Submissions confidential.

17. Intellectual Property
The name “FSC24,” the design of the FSC24 Platform along with FSC24 created text, writings,
images, templates, scripts, graphics, interactive features, and the trademarks, marks, and logos
contained therein (“Marks”) are owned by or licensed to FSC24. The Marks are subject to copyright
and other intellectual property rights under swiss laws and international conventions. FSC24
reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use,
copying, or distribution of the Marks or anything else contained within the Platform unless we have
given you express written permission.

19. Representations and Warranties
THE PLATFORM AND ALL SELLER SERVICES SOLD IS PROVIDED ON AN “AS IS”, “AS
AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, NEITHER FSC24, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS
OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY
INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY SELLER SERVICES AVAILABLE OR
(D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FSC24 OR VIA
THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
FSC24 DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE
OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR
THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL
COMPONENTS. FSC24 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT
THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE,
COMPLETE, OR USEFUL. FSC24 DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM
IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND FSC24 SPECIFICALLY DISCLAIMS ANY
SUCH WARRANTIES.

20. Limitation of Liability
IN NO EVENT SHALL FSC24, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT

(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I)
YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR
INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR PLATFORM OR FROM ANY SELLER SERVICES OR ORDERS, (III) ANY
INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF
TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM
VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR
UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR
DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A
LIMITATION ON LIABILITY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN
THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED
SWISS FRANCS (CHF), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim
liability for: (a) death or personal injury caused by FSC24’s negligence or that of any of its officers,
employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to
exclude either now or in the future.

21. Indemnity
You agree to defend, indemnify and hold harmless FSC24, its officers, directors, employees, and
agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from:
● your use of and access to the FSC24 Platform;
● your violation of any term of this Agreement; and
● any claim that your use of the Platform harmed another user or third party.
This defense and indemnification obligation will survive this Agreement and your use of the FSC24
Platform. You also agree that you have a duty to defend us against such claims and we may require
you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to
requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event
of a claim such as one described in this paragraph, we may elect to settle with the party/parties
making the claim and you shall be liable for the damages as though we had proceeded with a trial.

22. Age Compliance
FSC24 and its Platform may only be used by persons 18 years and older. If you are under 18 please
stop using our Platform and please do not submit any information to us.

23. Intellectual Property and Copyrights
If you believe that any User Content or other content found on the FSC24 Platform has infringed on
your copyrights or other intellectual property rights, please consult the FSC24 Copyright and
Intellectual Property Policy (“Policy”). The Policy contains information regarding the notification
procedures required by us to remove any infringing material or content from our Platform. You must
agree to abide by the Policy before using or accessing the Platform.

24. Choice of Law
This Agreement shall be governed by the laws in force in Switzerland. The offer and acceptance of
this contract are deemed to have occurred in Zug, Kanton Zug, Switzerland.

25. Class Action
You and FSC24 agree that any proceedings to resolve or litigate any dispute whether through a
court of law or arbitration shall be solely conducted on an individual basis. You agree that you will
not seek to have any dispute heard as a class action, representative action, collective action, or
private attorney general action.
26. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for,
if it is the result of events beyond our control, including, but not limited to, acts of God, war,
insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes),
embargoes, postal disruption, communication disruption, failure or shortage of infrastructure,
shortage of materials, or any other event beyond our control.

27. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another
provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as
though it had been entered into without that unenforceable provision being included in it. If two or
more provisions of this Agreement or any other agreement you may have with FSC24 are deemed to
conflict with each other’s operation, you agree that FSC24 shall have the sole right to elect which
provision remains in force.

28. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any
applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or
any applicable law should not be construed as our waiver of the right to enforce that same provision
under the same or different circumstances at any time in the future.

29. Survival
All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.

30. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without
our prior written consent. We may assign our rights and/or obligations under this Agreement to any
other party at our discretion.

31. Additional Agreements
This Agreement along with the Privacy Policy and any other supporting agreements provided by
FSC24 constitutes the complete and exclusive understanding and agreement between the parties
regarding the subject matter herein and supersedes all prior or contemporaneous agreements or
understandings written or oral, relating to its subject matter.

32. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update
this page and indicate the date that it was last modified or we may email you. You may refuse to
agree to the amendments, but if you do, you must immediately cease using our Platform.

33. Electronic Communications
The communications between you and FSC24 use electronic means, whether you visit the Platform
or send FSC24 e-mails, or whether Ionicware posts notices on the Platform or communicates with
you via e-mail. For contractual purposes, you (1) consent to receive communications from FSC24 in
an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and
other communications that FSC24 provides to you electronically satisfy any legal requirement that
such communications would satisfy if it were to be in writing. The foregoing does not affect your
statutory rights.

34. Additional Terms for Sellers
The following sections 34-44 apply to any Sellers who wish to use the Platform and wish to sell
Seller Services via the Platform. Any Sellers wishing to use the Platform shall be required to sign up
and create an account and shall be bound by the additional terms listed below.

35. Seller Accounts
In order for Sellers to offer Seller Services you must create a Seller account. You must fully
complete the registration process by providing us with your current, complete, truthful, and accurate
information as prompted by the applicable registration form. Where required, FSC24 may also
assign you a username and password. You are entirely responsible for maintaining the
confidentiality of your password and account and for any and all activities that occur under your
account. You agree to notify FSC24 immediately of any unauthorized use of your account or any
other breach of security. FSC24 will not be liable for any losses you incur as a result of someone
else using your password or account, either with or without your knowledge. However, you could be
held liable for losses incurred by FSC24 or another party due to someone else using your account or
password. You may not use anyone else’s account at any time. Sellers may only register for one
account per person and may not register as a company or group collaboration. FSC24 has the sole
discretion in granting or denying any accounts.

36. Seller Representations and Warranties
Seller providing any Seller Services represents and warrants the following: (1) Seller owns or has
properly licensed all Seller Services provided to any users of the Platform; (2) the Seller Services will
not infringe on any copyright, moral right, trademark or other intellectual property right and will not
violate any right of privacy or right of publicity; (3) the Seller Services offered do not violate any
swiss laws or any third party agreements; (4) Seller has not entered into any previous agreements
which would limit its ability to undertake or perform this Agreement; and (5) Seller will in good faith
abide by this Agreement and all other restrictions and rules in place for any Seller Services sold on
the Platform.

37. Termination of Seller Accounts
We may terminate or suspend your account if we determine that: (1) you have violated any
applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our
Platform policies; (3) if we believe your actions while using the Platform have harmed or will harm a
third party, or (4) if we believe that any of your actions may harm FSC24, at our sole decision or
discretion. In the event of termination, we will strive to provide you with a timely explanation;
however, we are not required to do so. As a Seller, if you wish to terminate your Seller account
please notify us or use your account dashboard to terminate the account. Please be aware that once
your account is terminated, all access and information including Seller Services in your existing

account may become immediately inaccessible or deleted. Failure to terminate your account for any
reason does not act as a waiver of your conduct.

38. Seller Services
As a Seller, you may offer any services as allowed by FSC24 including but not limited to SEO search
services, collectively referred to as “Seller Services”. Please be aware that we are not required to
host, display, migrate, or distribute any of your Seller Services and we may refuse to accept or
transmit any Seller Services. You agree that you are solely responsible for any User Content
contained within the Seller Services submitted and you release us from any liability associated with
any Seller Services submitted. You understand that we cannot guarantee the absolute safety and
security of any such Seller Services. Any Seller Services found to be in violation of this Agreement
or that we determine to be harmful to the Service may be modified or removed at our discretion. You
must abide by all Seller Services rules as outlined below. When you submit any Seller Services to
us, you grant FSC24 the same licensing rights as listed in the Agreement for User Content.

39. Seller Services Rules
When offering any Seller Services you agree to abide by all rules and regulations related to such
Seller Services. Additionally, Seller agrees that all Seller Services may not:
● Contain any software that has viruses, worms, Trojan horses, or other material that may
cause or aid in the destruction of or harm a computing environment.
● Contain any material that is deemed illegal or unlawful in accordance with swiss federal and
state laws.
● Create a genuine risk of physical injury or property damage, or credibly threaten people or
public safety, or organize or encourage harm.
● Be considered spam or “black hat” by search engines including Yahoo!, Google, or Bing.

40. Limited Payment Agent
For the purposes of this Agreement, the relationship between FSC24 and Sellers is that of a limited
payment agent. FSC24 shall collect payments for the Seller Services, remit payment to Seller after
such payment from the user is received minus any fees, and assist in providing refunds to users. All
payments for Seller Services may be held for a period of time to ensure the proper performance of
all Seller Services before they are released to Seller. Seller agrees that as a limited payment agent,
FSC24 may accept payments from users and manage payments or refunds for any Seller Services.
Both the Sellers and FSC24 agree that no other agency relationship is formed between FSC24 and
Sellers. Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture,

franchisee, agent, or employee of FSC24. Seller agrees that it shall not misrepresent its relationship
with FSC24 to any third parties.

41. Seller Payments and Fees
Once payment for any Seller Services has been received and the Order has been confirmed by
Seller, FSC24 shall hold such payments for a reasonable period of time to verify the payment. The
seller must complete the Seller Services as required as by each Order before payments shall be
released to the Seller’s account. After such a time period, Seller shall be issued payment in the
method provided for by FSC24. FSC24 shall deduct a service fee, commission, processing fees and
other deductions as necessary from all payments made to Seller. FSC24 reserves the right to
change and alter any fees or commissions at any time, if FSC24 alters such commission or fee
structure it shall contact Seller. In the event of a dispute between Seller and FSC24, Seller agrees
that FSC24 may withhold all funds until such dispute is resolved. For more information regarding
FSC24’s fee and commission structure please contact us at support@fsc24.ch.

42. Tax Documents
In order for FSC24 complies with swiss tax laws, Sellers may be required to submit forms or other
tax documents. Seller agrees to comply with any requests to submit any tax documentation, as
requested by FSC24. Seller agrees that FSC24 cannot and will not provide Seller with any tax
advice, any such questions should be directed to Seller’s tax attorney or other tax professional.

43. Refunds by FSC24
In the event of any refunds to any users for a Seller’s Order, Seller agrees that we may deduct the
refund amount from any incoming payments or account balances held by FSC24 for Seller.
Additionally, FSC24 may invoice Seller for such outstanding balances that are owed due to any
refunds if the Seller account funds are insufficient. No refunds shall be given for any enhanced
services provided by FSC24 to Seller.

43. Seller Account Holds
From time to time, FSC24 may place a hold (“Hold”) on a Seller’s account. Some of the reasons that
we may place a Hold on Seller’s account include but are not limited to the following: (1) if we have
reason to believe that your Seller Services or your actions have violated this Agreement, may harm
our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a
third party contractual right; (2) at the request of our payment processors; or (3) if required in order
to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable
laws and regulations. If you have questions about a Hold we may have placed on your Campaign
account, or need information about how to resolve the Hold, please contact us. Additionally, we may
suspend Seller’s access to the Platform or the offering of any Seller Services while such Hold is in
place.

44. Seller Inactivity
Where Seller has not accessed his or her user account for a period of six (6) months or more,
FSC24 may suspend, make inactive, or otherwise archive Seller’s account (“Inactive Account”). If
Seller wishes to reactivate the Inactive Account they must contact Ionicware at support@fsc24.ch.
Please be aware that any re-activation of a Seller’s Inactive Account may incur a one-time
re-activation fee.

45. Account Maintenance
Where a Seller has an Inactive Account, that account may be assessed a maintenance fee
(“Maintenance Fee”) of up to five (5) swiss franc per month. Such Maintenance Fee shall be
deducted from Seller’s account balance until all funds have been exhausted. If Seller wishes to
re-activate an Inactive Account that has a negative balance, the Seller must pay all such
Maintenance Fees owed before the Inactive Account is reactivated.

46. Additional Limitations of Liability and Disclaimers for
Sellers
Unless otherwise provided in this Agreement, in no event shall FSC24 be liable to the Seller for any
lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of
any nature, for any reason, whether based on breach of contract, tort (including negligence), or
otherwise and whether or not either has been advised of the possibility of such damages. UNDER
NO CIRCUMSTANCES SHALL FSC24 BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER
THAN THE AMOUNTS PAID BY FSC24 TO Seller DURING THE PRECEDING MONTH. DUE TO
THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, FSC24 CANNOT
GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE
REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, FSC24
CONTENT AND ANY OTHER MATERIALS PROVIDED TO SELLER ARE PROVIDED “AS IS,”
WITHOUT ANY WARRANTY OF ANY KIND, AND FSC24 MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. ADDITIONALLY, FSC24 DOES NOT REPRESENT OR WARRANT (A)
THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM,
(B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL
CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE
CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO
DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY
NOT APPLY TO YOU.

FSC24 makes no representations and warranties whatsoever, and disclaims any responsibility and
liability, regarding the content or nature of any Ionicware content or its Platform. FSC24 has no
liability to Seller for any Seller Services or Orders.

47. Affiliate Terms
The following sections apply specifically to the FSC24 Affiliate Program. As an incentive to share the
Platform with friends, FSC24 has implemented an Affiliate program; users taking part in the Affiliate
program shall be referred to as “Affiliates”. In order to join the FSC24 Affiliate program, a user may
be required to provide additional information. We reserve the right to reject any users who wish to
join the Affiliate program. Furthermore, FSC24 reserves the right to terminate any Affiliates at any
time, at our discretion.
Payments
Once accepted into the Affiliate Program, Affiliates shall be provided with a unique link or identifier to
track referrals (“Tracker”). Affiliates are solely responsible for ensuring that the Tracker functions
properly. Referrals shall be counted by the Tracker and successful referrals (“Qualified Referral”)
shall be determined in the sole discretion of FSC24. FSC24 agrees to pay Affiliate a referral fee for
each Qualified Referral as outlined on the Platform. Affiliates shall be notified by FSC24 for each
Qualified Referral received. In the event of a dispute relating to any Qualified Referrals, FSC24 shall
have the sole discretion in deciding the outcome of such a dispute. During the duration of the
dispute, FSC24 shall not be required to pay the Affiliate any referral fees. Payment shall be issued
on an as-requested basis but no greater than monthly periods. Affiliate shall be paid in CHF and in a
manner as agreed upon by the parties. FSC24 shall not be responsible to pay Affiliate any referral
fees, where such referral fees have been earned on the accounts of any users who have failed to
sign up or follow the necessary procedures.
Additional Guidelines for Affiliates
Affiliate agrees that it may not bind FSC24 and shall not misrepresent its relationship with Ionicware.
Furthermore, Affiliates may not:
● Send spam messages or violate any swiss laws.
● Attempt to inflate their commissions by circumventing or otherwise compromising our
systems.
● Create or post any ads that contain the FSC24 Marks, without first receiving written
permission from FSC24.
● Collect, scrape, or store data about other users or Affiliates.
● Commit fraud or preform any illegal activities through your use of the Affiliate program.

● Post ads that are misleading, harmful, not up to community standards, offensive, illegal,
hateful, pornographic, or otherwise distasteful.
● Post ads using malware, viruses, pop-unders, pop-overs, or other spammy technology.
We may suspend or terminate your Affiliate account immediately, if you violate any of these
guidelines or at our discretion.
48. Term and Termination for Affiliates
Upon successful registration as an Affiliate, the user shall be deemed an Affiliate for the purposes of
this Agreement. The Affiliate term shall continue indefinitely until terminated by either party subject to
this Agreement’s termination provisions. FSC24 may terminate this Agreement at any time and for
any reason by giving written notice via email or the Platform to the Affiliate. The affiliate may
terminate this Agreement by providing written notice to FSC24 via the Platform or via email. Please
be aware that upon termination by Affiliate, any outstanding payments owed to Affiliate shall be
forfeited.

49. Taxes
Affiliate agrees to pay and withhold all taxes as required by their local laws and jurisdictions. In some
instances, FSC24 may withhold taxes for Affiliate. However, Affiliate agrees that FSC24 is not
required to, cannot, and will not provide Affiliate with any tax or legal advice.

50. Fraud
FSC24 actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected
as determined in FSC24’s sole discretion, Affiliate’s account will be made inactive pending further
investigation. After determining that Affiliate has participated in a fraudulent or deceptive activity,
FSC24 may terminate Affiliate’s account and Affiliate shall not be entitled to any compensation that
is owed but unpaid.

51. Additional Limitations of Liability and Disclaimers for
Affiliates
Unless otherwise provided in this Agreement, in no event shall FSC24 be liable to the Affiliate for
any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect
damages of any nature, for any reason, whether based on breach of contract, tort (including
negligence), or otherwise and whether or not either has been advised of the possibility of such
damages. UNDER NO CIRCUMSTANCES SHALL FSC24 BE LIABLE TO ANY AFFILIATE FOR AN
AMOUNT GREATER THAN THE AMOUNTS PAID BY FSC24 TO AFFILIATE DURING THE

PRECEDING MONTH. DUE TO THE NATURE OF INTERNET AVAILABILITY AND
ACCESSIBILITY, FSC24 CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR
OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE
ABOVE, THE PLATFORM, FSC24 CONTENT AND ANY OTHER MATERIALS PROVIDED TO
AFFILIATE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND
IONICWARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR
OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, FSC24 DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO
VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY’S
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE
FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR
ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO
THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
FSC24 makes no representations and warranties whatsoever, and disclaims any responsibility and
liability, regarding the content or nature of any FSC24 content or its Platform. FSC24 has no liability
to Affiliate for unapproved materials, including all copy, images, URL names, and search terms used
by Affiliate.

52. Affiliate Warranties
Affiliate represents, warrants, and covenants as follows:
● Affiliate has the ability and the right to grant the permissions required to effectuate this
Agreement;
● Affiliate has not entered into any previous agreements which would limit its ability to
undertake or perform this Agreement;
● Affiliate will comply in good faith with FSC24’ directions and all other agreements provided;
and
● Affiliate shall abide by all laws and regulations of Switzerland and is capable of undertaking
this Agreement without infringing on the rights of third parties.

53. Relationship of Parties
Affiliate agrees that FSC24 is acting as an independent contractor in performing any services
contemplated under this Agreement and that the relationship between the FSC24 and Affiliate shall
not constitute a partnership, joint venture or agency. Neither FSC24 nor any of FSC24’s employees

or agents (i) is an employee, agent or legal representative of Affiliate, or (ii) shall have any authority
to represent Affiliate or to enter into any contracts or assume any liabilities on behalf of Affiliate.
Neither Affiliate nor Affiliate’s employees or agents (i) is an employee, agent or legal representative
of FSC24, or (ii) shall have any authority to represent FSC24 or to enter into any contracts or
assume any liabilities on behalf of FSC24.

54. Tax Documents
In order for FSC24 to comply with swiss tax laws, Affiliate may be required to submit forms or other
tax documents. Affiliate agrees to comply with any requests to submit any tax documentation, as
requested by FSC24. Affiliate agrees that FSC24 cannot and will not provide Affiliate with any tax
advice, any such questions should be directed to Seller’s tax attorney or other tax professional.
Last Updated: November 1, 2019

© Copyright 2019 by FSC24. All Rights Reserved.