Acceptable use policy

1. Introduction

This Acceptable Use Policy ("Policy") governs the use of services provided by [CrestPoint Solutions AG ] ("we," "us," or "our"). By accessing or using our services, you agree to comply with the terms outlined in this Policy. This Policy is established to ensure the secure, lawful, and ethical use of our services and to comply with relevant Swiss laws and regulations.
Services provided by CrestPoint Solutions AG allows all customers ("Members") to:

•    Top-up their accounts with FIAT currency.
•    Transfer FIAT currency.
•    Exchange FIAT for various other currencies.
•    Open IBAN payment accounts.

Please note that the availability of certain functions may vary depending on your country of residence. It is your responsibility to comply with the applicable rules and regulations of your country of residence and the country from which you access this Site and Services. By agreeing to and adhering to these Terms and Conditions, CrestPoint Solutions AG grants you a personal, non-exclusive, non-transferable, non-sublicensable, and limited right to access and use the Site and the Service.

CrestPoint Solutions AG must adhere to: 

1.1.    Swiss Anti-Money Laundering Act
The Swiss Anti-Money Laundering Act (AMLA) is a federal statute that applies to financial intermediaries and governs the prevention of money laundering and terrorist financing. It mandates due diligence in the execution of financial transactions to ensure the integrity of financial operations.

•    1.2. Anti-Money Laundering Ordinance
The Anti-Money Laundering Ordinance outlines the professional standards for financial intermediation, specifying the due diligence and reporting obligations that financial intermediaries must adhere to. This ordinance establishes the framework for the implementation of AML practices and the fulfillment of reporting duties.

•    1.3. FINMA Anti-Money Laundering Ordinance
The FINMA Anti-Money Laundering Ordinance provides detailed guidance on how financial intermediaries should implement their obligations to prevent money laundering and terrorist financing. This ordinance stipulates the procedures and measures that financial institutions must adopt to ensure compliance with AML requirements.

•    1.4. Compliance Function
Our Compliance function is tasked with overseeing adherence to anti-money laundering procedures through targeted audits and functional reviews. This function ensures that all relevant policies and procedures are rigorously applied.

•    1.5. AML Manual
The AML Manual is a comprehensive document binding the Board of Directors, Executives, Heads of Divisions, Managers, staff members, and any other individuals involved in the company’s operations. It delineates the procedures and recommendations that must be followed in accordance with both legal requirements and best practices.
Our AML Manual and related laws mandate the establishment and maintenance of specific policies and procedures to safeguard against the misuse of the company’s services for money laundering and terrorist financing. These measures are designed to:

Facilitate the Identification and Reporting of Suspicious Transactions:

Ensuring that any potentially illicit activity is promptly recognized and reported.

Implement the ‘Know-Your-Customer’ Principle and Maintain Adequate Record-Keeping: Ensuring that comprehensive records are kept to support the audit trail in case of investigations, thereby reinforcing transparency and accountability.

•    1.6. Internal Procedures and Ongoing Review
The AML Manual and internal procedures provide detailed guidelines for the detection and prevention of money laundering and terrorist financing activities. All employees are required to adhere strictly to these guidelines and the company’s internal regulations.
The Compliance Department conducts regular reviews and updates of the AML regulations to ensure alignment with current legislation, regulations, and FINMA/AMLA directives. This ongoing review process ensures that our policies remain effective and fully compliant with evolving legal and regulatory standards.

 

2. Purpose of the Policy and Third-party use

The purpose of this Policy is to delineate acceptable use practices to protect the security, integrity, and operational efficiency of our services, as well as to uphold the interests of our clients.
Should you choose to enable, access, or use third-party services, please be advised that your engagement with these services is governed exclusively by their respective terms and conditions. CrestPoint Solutions AG neither endorses nor assumes any responsibility or liability for these third-party services. We make no representations regarding any aspect of these services, including, but not limited to, their content or their data handling practices (including the handling of your data) or any interactions between you and the service providers.
You hereby irrevocably waive any claims against CrestPoint Solutions AG concerning third-party services. CrestPoint Solutions AG shall not be liable for any damage or loss caused or purportedly caused by or in connection with your enablement, access, or use of any third-party services, or your reliance on their privacy practices, data security procedures, or other policies. You may be required to register or log into these services on their respective platforms. By enabling any third-party services, you expressly permit CrestPoint Solutions AG to disclose your data as necessary to facilitate the use or enablement of such services.

 

3. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with this Policy. Specifically, you are prohibited from engaging in the following activities:

•    3.1. Illegal Activities: Utilizing our services for any unlawful purpose or in a manner that contravenes Swiss laws, regulations, or applicable international laws.

•    3.2. Fraudulent Conduct: Employing our services for fraudulent purposes, including but not limited to identity theft, financial deception, or any activities designed to mislead or defraud others.

•    3.3. Introduction of Harmful Code: Introducing or disseminating malware, viruses, or any other malicious software that could impair or disrupt our systems or services.

•    3.4. Unauthorized Access: Attempting to access any system, network, or data not authorized for your use, including unauthorized access to another user’s account or information.

•    3.5. Data Misuse: Utilizing or disclosing personal data obtained through our services in a manner inconsistent with applicable data protection laws and regulations.

•    3.6. Network Disruption: Engaging in activities that negatively impact the performance or availability of our network or services, including excessive bandwidth consumption or launching denial-of-service attacks.

•    3.7. Intellectual Property Violation: Infringing upon intellectual property rights, including trademarks, copyrights, or patents, by using our services in a manner that violates the rights of others.

Additionally, you agree to indemnify and hold harmless CrestPoint Solutions AG, along with its affiliates, directors, officers, employees, agents, suppliers, and licensors, from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the website and services, or any willful misconduct on your part.

 

4. Prohibited activities :

Defence/Military related activities
Drug trafficking 
Entities and individuals subject to sanctions or included in any similar AML/CTF list
Multi-level Marketing ( MLM )
Non-licensed online casinos, bingo or horse racing
Politically exposed persons ( PEP)
Production or trade of tobacco
Politically exposed persons ( PEP)
Regulated Canabis industry 
Underaged users ( under 18 years )
Unregulated financial or investment services

 

Prohibited jurisdictions:

•    Afghanistan
•    Belarus
•    Burundi
•    Central African Republic
•    Congo DR
•    Crimea/Sebastopol
•    Cuba
•    Federal Republic of Somalia
•    Gaza Strip
•    Guinea
•    Haiti
•    Iran
•    Iraq
•    Libya
•    Mali
•    Moldova
•    Myanmar
•    North Korea
•    Pakistan
•    Russia
•    South Sudan
•    State of Eritrea
•    Sudan
•    Syrian Arab Republic
•    Venezuela
•    Yemen

5. User Responsibilities

•    5.1. Security: You are responsible for the security and confidentiality of your login credentials and account information. You must notify us immediately of any unauthorized use or security breaches involving your account.

•    5.2. Compliance: You must ensure that your use of our services adheres to this Policy and all applicable legal and regulatory requirements.

•    5.3. Reporting: Promptly report any suspected violations of this Policy or any unusual activities related to our services.

•    5.4. Assignment and Transfer
User shall not assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this Agreement, whether in whole or in part, without our prior written consent. Such consent may be granted or withheld at our sole discretion and without obligation. Any unauthorized assignment or transfer shall be deemed null and void. We reserve the right to assign any of our rights or obligations under this Agreement, in whole or in part, to any third party in connection with the sale of all or substantially all of our assets or stock, or as part of a merger or acquisition.

 

6. Monitoring and Enforcement

We reserve the right to monitor the use of our services to ensure compliance with this Policy. We may investigate any reported or suspected violations and may take appropriate actions, which may include:

•    6.1. Suspension or Termination: Suspending or terminating your access to our services if a violation is detected.

•    6.2. Legal Recourse: Pursuing legal action, including notifying relevant authorities or seeking legal remedies, as necessary.

 

7. Intellectual Property Rights

 

"Intellectual Property Rights" encompasses all existing and future rights conferred by statute, common law, or equity related to copyrights and related rights, trademarks, designs, patents, inventions, goodwill, the right to sue for passing off, rights to inventions, rights to use, and any other intellectual property rights. This includes, but is not limited to, both registered and unregistered rights, applications, and rights to apply for such protections, as well as any similar or equivalent rights or forms of protection resulting from intellectual activity, whether current or future, in any jurisdiction worldwide.

This Agreement does not confer upon you any ownership or rights to the intellectual property of CrestPoint AG or third parties. All rights, titles, and interests in and to such intellectual property remain exclusively with CrestPoint AG. The trademarks, service marks, graphics, and logos used in connection with the Website and Services are either trademarks or registered trademarks of CrestPoint AG or its licensors. Trademarks, service marks, graphics, and logos associated with the Website and Services may also be owned by third parties. Your access to and use of the Website and Services does not grant you any right or license to reproduce, use, or otherwise exploit any trademarks of CrestPoint AG or any third parties.

 

8. Policy Amendments

We may update this Policy periodically to reflect changes in legal, regulatory, or business practices. Updated versions will be posted on our website with an updated effective date. We encourage you to review this Policy regularly.

9. Contact Information

For questions regarding this Policy or to report a violation, please contact us at:
CrestPoint Solutions AG
Othmarstrasse 8,8008 Zurich, Switzerland
 [[email protected]]
[ +41 ]

10. Governing Law

This Policy shall be governed by and construed in accordance with the laws of Switzerland

11. Dispute Resolution

The formation, interpretation, and execution of this Agreement, as well as any disputes arising from it, shall be governed by and construed in accordance with the substantive and procedural laws of Switzerland, excluding any conflict of laws principles. The exclusive jurisdiction and venue for any actions related to this Agreement shall be the courts located in Zurich, Switzerland, to which you irrevocably submit. By agreeing to this clause, you expressly waive any right to a jury trial in connection with any legal proceedings arising out of or related to this Agreement. Furthermore, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.