Terms of Service

1. Introduction

These Terms and Conditions (“Terms”) govern your (“User”, “you”) access to and use of the MC² Finance website and platform, including all related web, analytical, portfolio, and community features, and informational content regarding our exchange‑traded products (“ETPs”) (together, the “Platform”).

The Platform is operated by MC2Fi AG, Grabenstrasse 7a, CH‑6340 Baar, Canton Zug, Switzerland, CHE‑354.762.383 (“MC2Fi AG”, “we”, “our”, “us”).

By accessing or using the Platform, you confirm that you have read, understood and accepted these Terms, which form a legally binding agreement between you and MC2Fi AG. If you do not accept these Terms, you must not access or use the Platform.

For legal queries, contact: team@mc2.fi.

2. Nature of the Platform and No Regulated Services

2.1 The Platform provides information and tools relating to digital asset strategies and to ETPs that may be listed on regulated exchanges.

2.2 MC2Fi AG does not, through the Platform:

• Provide investment advice, asset management, brokerage, custody, payment services, or any other regulated financial services.
• Make any offer or solicitation to buy or sell securities, financial instruments, or other regulated products.

2.3 The operation of the Platform as an informational and marketing channel is not subject to supervision by the Swiss Financial Market Supervisory Authority (FINMA) or any comparable foreign regulator.

3. Eligibility and User Obligations

3.1 You may only access and use the Platform if you:

• Are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher.
• Have full legal capacity and authority to enter into these Terms.

3.2 You must not access or use the Platform if:

• You are a resident or citizen of a country or territory subject to comprehensive sanctions, embargoes, or similar restrictions under the laws of Switzerland, the European Union, the United States, or other applicable jurisdictions.
• You appear on any sanctions list maintained by the Swiss, European, or United States authorities.

3.3 You are solely responsible for understanding and complying with all laws and regulations that apply to you in connection with your use of the Platform and any investment decisions you may take.

4. Use of the Platform

4.1 You agree to use the Platform only as permitted by applicable law and these Terms.

4.2 You must not:

• Use the Platform for any illicit, fraudulent, misleading, or otherwise prohibited activity.
• Interfere with or attempt to interfere with the security, integrity, or proper functioning of the Platform.
• Attempt to gain unauthorised access to any part of the Platform, to other users’ data, or to our systems.
• Use automated tools to scrape or harvest content from the Platform in a way that overloads or harms our infrastructure.

4.3 If you provide any information to us (for example via contact forms or email), you represent that such information is accurate, complete, and up‑to‑date and that you have the right to provide it.

5. Third‑Party Services and Content

5.1 The Platform may reference or link to third‑party services, including exchanges, custodians, data providers, banks, or other financial and technology service providers. These third parties are independent of MC2Fi AG.

5.2 MC2Fi AG makes no warranty and assumes no responsibility for any acts, omissions, services, or content of such third parties. Your use of any third‑party service is governed by the separate terms and policies of those providers.

6. Digital Asset and Technology Risks

6.1 Digital assets and strategies that rely on decentralised finance involve significant risks. You acknowledge and accept the possibility of, among other things:

• Sudden and substantial changes in value.
• Technical failures, including software bugs and security vulnerabilities.
• Smart contract defects or protocol exploits.
• Network congestion, forks, or changes to underlying blockchain protocols.
• Regulatory or tax changes affecting the use, transfer, or holding of digital assets.

6.2 Any interaction you have with digital assets, strategies, or related products, whether or not described on the Platform, is entirely at your own risk.

7. ETP Information on the Platform

7.1 The Platform may include information about ETPs that give exposure to digital assets and related strategies. These ETPs are regulated financial instruments issued by a dedicated, bankruptcy‑remote Swiss special‑purpose vehicle or another issuer and are legally separate from the Platform.

7.2 ETPs are typically listed on regulated markets, such as the SIX Swiss Exchange. The purchase and sale of ETPs take place through regulated brokers, banks, or other authorised intermediaries and are subject to the rules of the relevant exchange and to the laws of the investor’s jurisdiction.

7.3 Information about ETPs provided on the Platform is for informational and marketing purposes only and does not constitute:

• Investment advice or a personal recommendation.
• An offer to sell or a solicitation of an offer to buy any security or financial instrument.
• A representation that any ETP is suitable or appropriate for you.

8. ETP Documentation and Legal Priority

8.1 The legally binding documents for any ETP are the official prospectus and the key information document. These documents contain detailed information about the product structure, investment strategy, fees, tax treatment, and risks.

8.2 In case of any discrepancy or inconsistency between information on the Platform and the content of the official prospectus or key information document, the official documents shall prevail. You must always refer to those documents before making any investment decision.

9. ETP Risks

9.1 Investing in ETPs involves significant risks, including but not limited to:

• Market risk: The value of an ETP can fluctuate, sometimes sharply, based on the price of the underlying digital assets and market conditions.
• Counterparty risk: Although the use of a bankruptcy‑remote special‑purpose vehicle is intended to reduce certain issuer risks, there is still risk associated with the issuer and other service providers, such as custodians and trading counterparties.
• Liquidity risk: There may be limited liquidity in an ETP, making it difficult to buy or sell units at desired prices, and an ETP may be suspended or delisted.
• Operational risk: Errors, disruptions, or failures in trading, custody, or administration processes can affect the value or tradability of an ETP.
• Underlying strategy risk: Where an ETP uses strategies based on decentralised finance, additional risks apply, including smart contract vulnerabilities, protocol failures, slashing events, oracle failures, and changes to yield levels.

9.2 A comprehensive overview of the risks associated with a specific ETP is set out in its official prospectus and key information document. You should review those documents carefully and consult a qualified financial, legal, and tax adviser before investing.

10. Partners and Structuring Services

10.1 MC2Fi AG may offer ETP structuring, feasibility, and listing support services to partners, strategy providers, or other professional clients.

10.2 No guarantee of listing or continued operation: You acknowledge that the listing of any ETP is subject to regulatory approvals, exchange requirements, and market conditions. MC2Fi AG does not guarantee that any proposed ETP will be successfully listed, nor that any listed ETP will remain listed or continue to operate. ETPs may be delisted or terminated.

10.3 Non‑refundability of fees: Unless otherwise agreed in writing, all fees paid to MC2Fi AG for structuring, feasibility, and related services are non‑refundable, irrespective of whether an ETP is ultimately listed or remains listed.

11. Intellectual Property

11.1 MC2Fi AG retains all rights, title, and interest in and to the Platform and its content, including all copyrights, trademarks, trade names, logos, and other intellectual property rights.

11.2 You are granted a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Platform for your personal or internal business purposes in accordance with these Terms.

11.3 You may not copy, reproduce, modify, distribute, transmit, or create derivative works based on the Platform or its content without our prior written consent, except where such use is expressly permitted by mandatory law.

12. Disclaimers

12.1 The Platform and all information, content, and materials provided on or through it are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, whether express or implied.

12.2 Without limiting the generality of the above, MC2Fi AG does not warrant that:

• The Platform will be available, secure, or free from errors or interruptions.
• Any content on the Platform is complete, accurate, current, or suitable for any particular purpose.

12.3 Nothing on the Platform constitutes legal, tax, investment, or other professional advice. You are solely responsible for your own decisions and should seek advice from independent professionals where appropriate.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, MC2Fi AG and its directors, officers, employees, and agents shall not be liable for any:

• Indirect, incidental, special, punitive, or consequential loss or damage.
• Loss of profits, revenue, business, or data.
• Losses arising from or related to: your use of or inability to use the Platform; your reliance on any information or content available on the Platform; any decision you make regarding digital assets or ETPs.

13.2 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for intent or gross negligence.

14. Indemnity

You agree to indemnify and hold harmless MC2Fi AG and its directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, your breach of these Terms, or your violation of any law or rights of a third party.

15. Changes to the Platform and to These Terms

15.1 We may change, suspend, or discontinue any part of the Platform at any time, including content and features, without prior notice.

15.2 We may amend these Terms from time to time. The “Last Updated” date at the top of this page indicates the latest version. By continuing to use the Platform after an updated version becomes effective, you accept the amended Terms.

16. Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with them or with your use of the Platform are governed by the laws of Switzerland, excluding its conflict‑of‑laws rules. The courts of the Canton of Zug, Switzerland, shall have exclusive jurisdiction, subject to any mandatory jurisdiction rules.