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General Terms of Use (GTU) for the SEF-Growth platform

VERSION FEBRUARY 2021

1 Preamble

1.1

The general purpose of the Swiss Economic Forum AG (“SEF”), which has its registered office in Thun, is to advise, coach and promote small and medium-sized businesses and start-ups throughout Switzerland.

1.2

The SEF has created the SEF-Growth platform, which is a web-based, electronic platform designed to support fast-growing small and medium-sized businesses and successful start-ups that are based in Switzerland or generate the majority of their value in Switzerland (hereinafter collectively referred to as “SMEs”). The SEF also provides services in relation to strategy, innovation, financing and patent research. To achieve this, the SEF has the support of the following contractual partners (hereinafter collectively referred to as the “Contractual Partners”). In the financing area, the SEF works exclusively with UBS AG (“UBS”), based in Zurich.

In the area of patent research the SEF works with the Swiss Federal Institute of Intellectual Property
(“IPI”).

2 Scope

2.1

These Terms of Use shall apply to all forms of use of the SEF-Growth platform at www.sef-growth.ch as well as the use of linked sections. By using the platform, the user agrees to these
Terms of Use.

2.2

Users shall be deemed to include all individuals and businesses registered to use the platform and any parties who use the platform without being registered.

2.3

Upon accessing the platform, the user acknowledges and agrees that these Terms of Use shall apply. These Terms of Use shall apply throughout the period in which the platform is used by the user concerned and to any subsequent use of information obtained through the platform.

3 Access and modifications to the platform

3.1

All information and functions contained within the platform are aimed solely at persons resident or domiciled in jurisdictions where the publication of such information or access to the platform is legally permitted and is not prohibited. Persons to whom such restrictions and prohibitions apply are expressly
forbidden to use the platform.

3.2

The SEF reserves the right not to accept users or subsequently to disqualify users from using the platform, if in its opinion users do not meet the user requirements profile or have ceased to meet such requirements.

3.3

The SEF reserves the right to extend, modify, restrict or discontinue operation of the platform at any time. The SEF also reserves the right to temporarily suspend or restrict the platform for maintenance or security reasons, or due to capacity constraints. The user acknowledges and agrees that the SEF is under no obligation to give prior notice of any such suspension or restriction and that platform availability cannot be guaranteed.

4 Content

4.1

All information and materials provided on the platform are for information purposes only and are not legally binding.

4.2

The SEF makes no warranty as to the timeliness, accuracy, completeness or quality of any information or documents provided on the platform. Moreover, the information and documents provided are not a substitute for an individual consultation. The SEF shall be under no obligation to provide users with specific information, nor shall it owe users any duty of care.

4.3

The SEF makes no warranty that the information and files provided on the platform are free of viruses that may interfere with or damage the user’s computer system.

4.4

The SEF makes no warranty or representation regarding any linked websites or the accuracy or reliability of any information appearing thereon.

4.5

Nothing contained on this platform should be construed as an investment recommendation or a sol icitation to acquire shares in any company.

5 Users

5.1

All information provided by users must be accurate and complete to the best of their knowledge and belief.

5.2

Users shall update their details at regular intervals.

5.3

Users shall not upload any files to the platform which contain viruses and/or which may damage or
adversely affect the operation of the platform. Neither shall users upload any files to the platform which are protected by copyright.

5.4

Users shall not disclose or pass on to third parties any methods, models, tools, etc. that are used in modules available on the platform or use such methods, models, tools, etc. for their own purposes without the prior consent of the SEF.

6 Terms of use

6.1

Users must register on the platform prior to using some services provided thereon. They will then receive the access data with a personal security code. Users shall treat these access data as confidential, shall not disclose them to third parties and shall store them in such a way as to prevent disclosure to third parties.

6.2

Users shall check any information they enter for accuracy and completeness. Users shall indemnify and hold the SEF harmless from any claims, lawsuits, liabilities, claims for damages, costs and expenses that arise from the use of the platform by other individuals who use their user name and password.

6.3

Users shall not use the platform for any activity that would be contrary to the law, infringe third-party rights, or be inconsistent with any standards, content-related requirements, or guidelines laid down by the appropriate authorities. In particular, users shall not upload any files to the platform which contain viruses and/or which may damage or adversely affect the operation of the platform. Neither shall users upload any files to the platform which are protected by copyright.

7 Data

7.1

The SEF shal l treat any information provided to the SEF by the user as confidential. Notwithstanding the foregoing, the SEF shal l be entitled to pass on the user’s data to any special ists and Contractual Partners involved with the platform (the SEF, the special ists and Contractual Partners including their partners, provided that and insofar as they offer or provide services to the users, hereinafter the “Data Processors”), who shal l be under a contractual obl igation to keep such data confidential. Of course, no data or information shall be disclosed unless the Data Processors agree to meet appropriate confidentiality and security requirements and to maintain an adequate level of data protection.

7.2

The Data Processors shall save the data provided by the users and shall use and process such data in a manner that is consistent with their intended use. Such data shall only be used for the purpose of assessing growth potential, developing strategy (where applicable), providing innovation workshops, and investigating and procuring services in the areas of growth financing (equity and debt financing and guarantee insurance) risk management, patent research and internal processing (cf. clause 7.4). Where necessary for provision of the above services, the user shall agree to exchange of data between the Data Processors.

7.3

To facilitate the provision of the aforementioned services, any data provided by users shall be
stored in accordance with data protection provisions and shall be used and processed for the purpose
intended. The information provided by users shall determine the extent to which their data
shall be stored. However, user data may also include other data generated in connection with or
through use of the platform by the user (e.g. metadata, login data, etc.).

7.4

The Data Processors may process the user’s data for the collection and evaluation of anonymous statistical data and shall also be authorised to use these data (in particular the names of, and further information on, user(s) classified as SMEs with high potential (“High-Potential SMEs”) by the specialists working for the SEF) for the purposes of marketing the platform and for marketing activities (e.g. by sending e-mails and newsletters, publishing the data on their website).

7.5

The Data Processors shall take appropriate technical and organisational security measures to ensure that personal data are adequately protected against unauthorised access, manipulation, whether accidental or deliberate, loss and destruction.

7.6

Any liability of a Data Processor for unauthorised data transfer is hereby excluded to the fullest extent permitted by law.

7.7

By accepting the Terms of Use, the user also agrees to the foregoing terms governing data processing.

8 Intel lectual property rights

8.1

The content and structure of the platform are copyright -protected.

8.2

The SEF or the respective copyright holder shall retain all rights, title and interests (including copyright, trademarks, patents, as well as any other intellectual property rights or other rights) in and to all information and material (including all text, data, graphics and logos) available on the platform. Individual pages and/or parts of the platform may be printed for personal or internal use only, provided that any such printouts contain all applicable copyright and other proprietary notices. Users shall not, without limitation, modify, copy, transmit, distribute, display, exhibit, reproduce, publish, license, use as a frame in a website, transfer, create derivative works from, or otherwise use in any other way for commercial or public purposes in whole or in part any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the platform without the SEF’s prior written consent. Systematic retrieval of content from the platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the platform without the SEF’s prior written consent is prohibited.

8.3

“SEF-Growth” and “SEF” are among the registered and unregistered trademarks of the SEF. Other trade names, trademarks, symbols or logos contained herein may be the trademarks of their respective owners. Except as described above, no trade name, trademark, or logo of the SEF may be used for any purpose whatsoever without the prior written consent of the SEF.

8.4

All rights in and to any third-party content shall be retained by the respective originator.

9 Exclusion of liability

9.1

To the fullest extent permitted by law, neither the SEF nor any of its directors, employees or agents shall have any liability whatsoever for any direct or indirect loss, liability, costs, claims, expenses or damage of any kind, whether in contract or in tort, or otherwise, arising out of or in connection with the use of this platform. The foregoing shall also apply to any loss or damage that may be suffered by a user or any third party due to failure, disruption or suspension of the platform and/or any faults or defects in the platform.

9.2

In the event that any security risks are identified, the SEF reserves the right to suspend the platform services for the user’s protection until such time as the risks have been eliminated. The SEF accepts no liability for any loss or damage that may be caused as a result of any such suspension of service or any outage. To the fullest extent permitted by law, neither the SEF nor any specialists involved with the platform (and in respect of general information, the Contractual Partners) accept any liability in respect of any information, advice or services provided on the platform or in connection therewith.

9.3

The information contained on the platform is provided solely for information purposes. The information published on the platform shall not be construed as any form of promotion, offer or recommendation to make specific investments, transact any business or engage in any type of legal transaction.

9.4

The platform may contain third-party material or links to third-party websites. The SEF has no control over, does not assume any responsibility for, and does not make any warranties or representations as to any third-party websites or the material contained therein. The SEF shall have no liability in respect of any third-party content or websites or in respect of any websites linking to or framing the platform.

9.5

The SEF makes no warranty or representation of any kind that any contacts or funding wi l l be generated.

9.6

Any potential liability of the SEF or any specialist notwithstanding the foregoing is hereby excluded to the fullest extent permitted by law.

10 Reservation of rights and modifications

10.1

The SEF reserves the right to modify the services and information available on the platform at any time. The SEF also reserves the right to delete user accounts where there are justified grounds for doubt as to the accuracy of the information provided.

10.2

The SEF shall be entitled to amend these GTU and the applicable data protection provisions at any time without prior notice. Any such amendments shall take effect from the date that they are published on www.sef4kmu.ch.

11 General terms and conditions of business of third partiesr

11.1

Certain services available on the platform are not supplied by the SEF. Where users use such services, the terms and conditions of the respective service provider shall apply.

12 Electronic communications (e-mai l)

E-mail messages sent in relation to the platform may not be secure. The SEF shall be entitled to rely on any information sent to it which it deems to be genuine and to assume that e-mails have been written by the parties indicated thereon. Users hereby authorise the SEF to use non-secure e-mail to communicate with third parties regarding the content of any messages. Users further confirm that they are aware of the associated risks, e.g. lack of confidentiality, changes of address and changes in content, disruptions in transmission, damage caused by viruses and misuse by third parties. Users shall take appropriate measures and inform the SEF immediately of any irregularities which have been identified or are presumed to have occurred (e.g. in the event of any change of sender address or change in e-mail content). To the fullest extent permitted by law, the SEF rejects all responsibility and liability for any loss or damage caused as a result of non-secure electronic communications. However, the SEF is committed to taking all available measures to ensure secure email traffic. Particularly confidential data that cannot be processed via the protected platform shall be protected with a password and sent to the recipient by the SEF. The password shall be sent to the recipient via a separate channel (mobile).

13 “High-Potential SME” SEF label

Companies that have successfully completed the SQS certification process shall receive the SEF label “High-Potential SME” for 12 months for communication purposes. Please note that only the evaluation process has been certified by the Swiss Association for Quality and Management Systems (SQS). Receiving the SEF label “High-Potential SME” does not under any circumstances mean that the company has received SQS certification. The company may only use the label provided by the SEF for 12 months for communication purposes.

14 Severability

If any provision of these GTU is invalid or unenforceable, such provision shall not affect the validity or enforceability of the remaining provisions hereof. In such event, the parties shall replace the invalid or enforceable provision with a valid provision which corresponds as closely as possible to the intended purpose of the invalid or unenforceable provision.

15 Conflicting provisions in additional terms and conditions

Certain websites or sections of the platform may contain additional terms and conditions, information or disclaimers (hereinafter collectively referred to as “Additional Terms and Conditions”). In the event of any conflict or inconsistency between these GTU and the Additional Terms and Conditions, the provisions of the Additional Terms and Conditions shall prevail.

16 Applicable law and place of jurisdiction

16.1

All legal relations between the SEF, special ists and users shal l be governed by and construed exclusively in accordance with substantive Swiss law.

16.2

Thun shall be the exclusive place of jurisdiction for any disputes between the SEF and/or specialists and users arising out of or in connection with use of the platform.