Avastra AG Terms and Conditions

1. Scope

These terms and conditions ("Terms") apply to accessing and using the social media platform Inspired and related services (together the "Services") available on https://app.inspired.ch/ ("Website") and the app [Inspired] ("App") available on the App Store and Google Play, offered by Avastra AG, Seestrasse 77, 8703 Erlenbach, Switzerland ("Company").

To access or use the Services, you ("User") have to agree to these Terms. The User agrees to these Terms by continuing to use the Services and interact with the Website and/or App. If the User does not agree to these Terms, the User may not use or access the Services.

These Terms, together with other relevant documents, form a legally binding agreement ("Agreement") between the Company and the User ("Parties").

The Services are provided exclusively to persons who are at least 12 years of age. The User represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. Accounts registered by bots or automated methods are not authorized and will be terminated.

2. Services

Inspired facilitates the connection among registered Users, divided into innovators ("Innovators"), supporters of innovation ("Supporters"), and admins with privileged access to administrative features ("Admins"). Users can create and share content, and interact with other Users. Through the Services Users can showcase ideas and projects and give them a platform. Users can support each other by interacting through the Services. A complete overview of the provided Services and specific instructions on how to use the Services for each User type can be found on the Website and in the App.

The Company does not provide investment advice, nor does it make or solicit any offer by providing the Services. The Company assumes no responsibility for any user-created content contained in the Services that could be construed as investment advice.

3. Registration

The User must register or create an account to access and use the Services or part of the Services.

When registering, Users have to choose between registering either as an Innovator or as a Supporter. The registration process differs for each type of User. The completion of registration depends on the verification or denial by Admins at their own discretion.

The User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated. The Company can deny registrations and at its own discretion.

The User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The User is responsible and liable for activities conducted through their account and must immediately notify the Company if there is any suspicion that their credentials have been lost or stolen, or their account is otherwise compromised.

If and as permitted by applicable law, the Company may, but has no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify the User’s identity or background and (iii) screen the User against third-party databases or other sources and request reports from service providers.

4. Payment

Using the app is free. If not explicitly agreed otherwise in the contract conclusion process, all Services by the Company are provided free of charge.

5. Rights & Obligations of Company

The Company will provide the User with the Services as agreed in the Agreement.

The Company:

•makes the Services available to the User and uses reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs.

•regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, the Company will inform the User about potential interruptions in advance.

•is permitted to delete inappropriate posts

•is permitted and possibly required by law to suspend access to the Services or the User's account based upon reasonable determination of the occurrence or potential for the occurrence of illegal or wrongful activity, fraudulent use, or attempted fraudulent activity. In case of a suspension, the User remains liable for all charges and fees incurred during the suspension period.

The Company may amend the Terms, from time to time at its sole discretion by publishing an updated version of the Terms on the Company's websites. Where possible, the Company will electronically notify the User of any material changes to the Terms at least 14 days before such changes apply to the User. The User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The User's continued use of the Services following any amendments indicates acceptance of the changes to the Terms.

The Company constantly develops and improves its Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the User according to the Agreement, the Company will notify the Users that are directly affected by such changes, and where reasonably possible.

If the User disagrees with the material change to the Services or Terms (including changes of the respective fees), the User may terminate the Agreement within 1 month from the Company's notice where applicable, otherwise from the publication of the respective change. Such termination is effective from the date the changes take effect or the delivery date of the termination notice if delivery occurred after the changes took effect.

The Company reserves a right to ask the User to provide feedback through forms, questionnaires, and polls in order to improve their Services ("Feedback"). The Company may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the User. The User assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to the Company and acknowledges it has no claim in relation to the Feedback.

6. Rights & Obligations of User

The User agrees to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.

The User is obliged to cooperate in the performance of this Agreement to the necessary extent free of charge. The User is obliged to provide the Company with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services. Furthermore, the User is obliged to inform the Company immediately if errors or faults occur and to support the Company in the analysis and, if necessary, in the elimination of errors and faults to the extent required.

If the provision of Services under this Agreement is delayed due to the User's failure to comply with his duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred.

The User must immediately inform the Company of all circumstances within its sphere that might endanger or may be relevant to providing the Services and all misuses or suspicions of misuse of the Services.

The User may not:

•circumvent or attempt to circumvent any security protection of the Services;

•use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;

•access the Services via any automated system or take any action that may impose an unreasonable load on the Company's infrastructure;

•bypass the measures that the Company may use to prevent or restrict access to or use of the Services.

Except with the Company's prior written permission, the User agrees not to:

•try to decompile or reverse engineer the Services 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, or software obtained from the Services, or any other part of the Services;

•create derivative works based on the whole or any part of the Services or any content available on the Services.

The User agrees not to use or exploit the Services, any part of it, or any content contained there in any data mining or any other similar activity.

7. Term & Termination

The Agreement between the parties remains in full force and effect until its termination by either party. The user can terminate the Agreement at any time by deleting the account.

Either party may terminate the Agreement at any time with immediate effect if the other party is in material breach of the Agreement.

Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

8. Intellectual Property

Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Services or any part of it remain vested in the Company.

The Services may contain open-source components. Such components are subject to the respective license.

9. Confidentiality & Privacy

The Company treats the confidential information of the User with adequate confidentiality standards and processes the User’s personal information only as needed. Use of the Services is governed by our Privacy Policy, which can be viewed here.

By signing up to the Platform, User agrees that Agree may contact them and inform them about Platform updates and new products. User can at any time unscubscribe from the contact list.

10. Liability & Indemnity

This clause sets out the general liability regime for any damages arising out of or in connection with this Agreement, whether based on a breach of contract or law. Mandatory statutory liability and/or other specific liability explicitly set out in this Agreement take precedence over this clause.

•No liability: Generally, the parties exclude all liability except as explicitly included in the capped or unlimited liability below. The liability is in particular (but not only) excluded in case of (i) any damages that could not be reasonably expected, indirect damages or consequential damages, or (ii) loss of profits, internal costs, or reputational damage, or (iii) damages caused by an auxiliary person that has been engaged with the consent of the other party, even in case of gross negligence or wilful misconduct of such auxiliary.

•Capped liability: The liability of either Party is limited to the higher of (i) CHF [*], or (ii) the remuneration due for the last 12 months (the "Cap") in case of a negligent breach of contract or law by either party itself that directly leads to a damage of a type that could be reasonably expected and that is not explicitly excluded above.

•Unlimited liability: Exceptionally, the liability is unlimited in case of any of the following:

▪A Party's wilful or gross negligent breach of this Agreement or law

▪Bodily harm

▪Any breach of confidentiality obligations

▪Indemnification for third party claims arising from the infringement of intellectual property.

11. Warranties & Representations

The Company makes no other warranties or representations of any kind related to the Services or the information and materials contained therein. The Company makes the Services available to the User and uses reasonable care and skill in the performance of the Services. Marketing

The User entitles the Company to use the User's name, logo, and a brief description of the services provided for advertising purposes on the Company’s websites and other marketing or investment materials. Any other use requires the prior consent of the User.

12. Miscellaneous

Entire Agreement: The Agreement constitutes the entire agreement between the Company and the User, and supersedes all prior agreements between the parties relating to the subject matter of the Agreement.

Notices: Notices must be given in writing, including e-mail, and need to be communicated:

•To Company's attention: via email to: [support@inspired.ch];

•To User's attention: by publishing on the Services or where explicitly agreed between the Parties via email to the last e-mail address provided for this purpose by the User. It is the User's responsibility to keep provided contact information current.

No Assignment: The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of the Company.

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

Language: In case of discrepancy between the English version of these Terms and any translated version, the English version prevails.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the maximum extent permitted under applicable law, the ordinary court at the seat of the Company has jurisdiction for all disputes arising from or in connection with the Terms.

Links: The Services may contain third-party content or links to third-party websites. The Company 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.