Terms & Conditions
Effective starting: October 1st, 2023
1. Introduction
This is the Terms and Conditions (hereafter the “Terms”) of CENSE AG (hereafter referred to as "CENSE" or "We"), a company registered in Switzerland under registration number CHE-334.198.597 with the commercial register of the Canton of Zug.
The Terms apply to your access to, and use of, the websites and other products and services that have linked to these Terms (collectively, the "Services") offered by CENSE.
The Terms do not alter in any way the terms or conditions of any other agreement you may have with CENSE for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to be responsible to CENSE if you violate these Terms.
CENSE, following the provisions of Section 9 reserves the right to change or modify these Terms at any time and in our sole discretion. If CENSE makes changes to these Terms, we will provide notice of such changes, such as by providing notice through the Services or by updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. CENSE encourages you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services.
In the event of conflict between this Agreement and any other written agreement between you and CENSE for the purchase of Services, the latter shall prevail.
PLEASE READ THIS TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR OTHER PRODUCTS OR SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR SERVICES.
2. Definitions
AML/CFT | Anti-Money Laundering / Combating the Financing of Terrorism legal rules and standards as envisaged in FATF recommendations, EU regulations, and national legislation. |
Services | services encompassing the assessment of Money Laundering and Terrorist Financing risks, specifically tailored for clients dealing with virtual assets. |
Software | CENSE’s proprietary software that is provided to the you; |
Visitor | any individual interacting with website or using CENSE’s Websites |
Website | Cense.com or any other public-facing websites owned and managed by CENSE. |
3. Services provided by CENSE
CENSE offers a range of services accessible to users through our website, with a particular focus on AML/CTF assessments, carried out in accordance with our clients' directives. This specialised AML/CTF assessment pertains to users' interactions and transactions involving virtual assets, encompassing cryptocurrencies and Non-Fungible Tokens (NFTs). The process involves a meticulously orchestrated automated search, facilitated by cutting-edge software, and enriched by the integration of third-party information sources. The paramount objective of this assessment is to ensure strict adherence to relevant legislative frameworks governing AML/CTF measures. This comprehensive evaluation is executed through the combined synergy of the software's capabilities and the judicious utilisation of external data sources.
4. Privacy
Please refer to CENSE’s Services Privacy Notice for information about how CENSE collects, uses, and discloses information in relation to our Services. For information about the information collected on our websites, please refer to the Website Privacy Notice and Cookies Notice.
5. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using the Services, you represent and warrant that you:
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Are 18 years of age or older;
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have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party
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CENSE will and/or our appointed agents will carry out all necessary searches and validation in order to verify all the information provided throughout our solution; and
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CENSE will not be able to complete its Services until you have provided all required information.
In consideration of your use of the Services, you agree to
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provide accurate, current and complete information and permit CENSE to correct that information where it is known to be incorrect or
incomplete;
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maintain the security of your password and accept all risks of
unauthorized access to your account and the information you provide to CENSE; and
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promptly notify CENSE if you discover or otherwise suspect any security breaches related to the Services.
6. Intellectual Property
6.1. Copyright
All content of the Websites, including, but not limited to articles, graphics, pictures, photos, video files, information about products, company, or people, elements of design, logo, as well as software and programs, are proprietary and copyrighted works of CENSE AG.
It is prohibited to use this content in any manner, including copying, adjusting, modifying, transmitting, retaining, publishing, or replicating, without obtaining CENSE’s prior written permission. It is also prohibited to create any other material using the content of the Websites.
6.2. Trademarks and Trade dress
All brand and service marks, registered and unregistered trademarks, including, but not limited to, company names, slogans, phrases, logos, or symbols, contained on the Websites are protected by law. You are not entitled to use such brand and service marks and trademarks without the prior written permission of CENSE.
You are not entitled to copy, imitate, or use, in whole or in part, the trade dress of the websites, including all page headers, custom graphics, button icons, and scripts, without CENSE’s prior written permission.
The websites may contain other trademarks, logos, and slogans not owned by CENSE that are the property of their respective owners. CENSE uses such trademarks and logos with the permission of their owners. Therefore, you are not entitled to use such trademarks and logos without their written permission.
6.3. Restrictions
You shall not:
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copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service or its content, without the CENSE’s prior written consent;
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rent, lease, distribute, sell, sublicense, transfer or provide access to the Solution to a third party, without the CENSE’s prior written consent;
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use the Solution for the benefit of any third party, without the CENSE’s prior written consent;
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interfere with or otherwise circumvent mechanisms in the Solution intended to limit its use;
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use the Solution for competitive analysis or to build competitive products;
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encourage or assist any third party to do any of the foregoing;
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Use the Service:
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for any unlawful or illegal fraudulent, unlawful, defamatory, harassing, abusive, obscene, or any other inappropriate purposes or purposes that infringe upon our or another party's intellectual property rights purpose;
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to solicit others to use the Service for an unlawful or illegal purpose;
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to circumvent any laws or regulations;
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to infringe upon the rights of any other party;
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to transmit or upload any viruses, malware or malicious code; to spam, phish or defraud other actual or potential other users of the Service;
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to use or attempt to use any "scraper," "robot," "bot," "spider," "data mining," "computer code," or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service; or
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or for any purpose that is not consistent with these Terms.
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6.4. Third Party Content
CENSE may provide third party content on the Services and may provide links to web pages and content of third parties as a service to those interested in this information. CENSE does not control, endorse or adopt any third-party content and makes no representation or warranties of any kind regarding the third-party content, including without limitation regarding its accuracy or completeness.
You acknowledge and agree that CENSE is not responsible or liable in any manner for any third-party content and undertakes no responsibility to update or review any Third-Party Content.
7. Warranties and Disclaimers
CENSE provides its Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that We do not promise about our Services.
While CENSE attempts to make your access to and use of the Services safe, CENSE cannot and does not represent or warrant that the sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
Other than as expressly set out in these terms or additional terms, neither CENSE nor its suppliers or distributors makes any specific promises, either express or implied, about the Services. For example, We do not make any commitments about the Content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs.
CENSE provides the Services “AS-IS”. To the extent permitted by law, We exclude all warranties.
CENSE reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you.
8. Limitation of Liability
In no event shall CENSE or its suppliers, distributors or affiliated parties be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services or the content contained in or accessed through the Services, including without limitation any damages caused by or resulting from reliance by you.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CENSE and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
Your sole remedy with respect to any problems or dissatisfaction with the Websites and/or Services is to discontinue any use of the Websites and Services.
CENSE assesses the information provided by you, while also considering data from third-party service providers chosen by the clients that introduced our Services to you. It's important to note that CENSE holds no liability for any form of damage, including but not limited to direct, special, indirect, or consequential damages, arising from decisions made by our clients, who take into consideration the information CENSE provides. This includes potential losses in terms of usage, profits, or any other kind of damage. By using our Services, you acknowledge and accept that decisions based on the information CENSE offers are made at clients own risk, and CENSE cannot be held responsible for the outcomes of these decisions.
9. Changes in the Terms
These Terms may change as our Services continue to improve and expand. Thus, CENSE reserves the right to make amendments to the Terms at any time and for any reason at any time and in its sole discretion upon at least 15 days advance notice.
You will be deemed to have been made aware of and have accepted the amendments in any revised Terms as a result of your continued use of the website after the above mentioned time.
10. Confidentiality
Confidential Information means any business and technical information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is identified as confidential or proprietary, or which should reasonably be understood to be confidential or proprietary. Confidential Information does not include information which Receiving Party can show (a) is or has become publicly available without its breach of this Agreement; (b) was in its possession prior to disclosure, (c) was provided by a third party having a lawful right to make the disclosure; or (d) is required to be disclosed by law or a court order (“Order”), provided the Receiving Party provides prompt written notice of the requirement and cooperates with Disclosing Party as reasonably necessary to limit or eliminate such requirement, if and to the extent permitted by such Order. Receiving Party will not use the Confidential Information of the Disclosing Party except for performance of its obligations under this Agreement. The terms and conditions of this Agreement, including without limitation any pricing terms hereof, shall be deemed the Confidential Information of CENSE. All information added by you to the Platform shall be deemed Confidential Information, provided however, that CENSE may use any data received from you for its own internal purposes, such as, without limitation, the general improvement of its products and services.
11. Termination
Notwithstanding any of these Terms, CENSE reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
12. Applicable law
These Terms and Conditions shall be governed by the laws of Switzerland, without regard to the choice or conflicts of law provisions of any jurisdiction, or the United Nations Convention on the International Sale of Goods.
The courts of Zug, Switzerland shall be the exclusive venue for all disputes arising out of or in connection with the Terms, the use of the Website or the Service.
Any claim under the Terms must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is time-barred.
You agree to the admissibility of computer records and electronic evidence in any dispute herein.
13. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.