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Terms of Service

Last updated: March 2025

1. Introduction and Acceptance

Welcome to So-Whatt (“the Platform”). These Terms of Service (“Terms”) govern your use of our website and services. By accessing or using So-Whatt, (“we” or “us”), you agree to comply with these Terms. If you do not agree, please do not use the Platform. By registering an account or using our investment analysis tools, you confirm that you are at least 18 years old and capable of entering into a binding agreement.

2. Services Provided

So-Whatt offers a platform for investment analysis assistance and personalized portfolio suggestions using “digital twin” user profiles. Our services include:

  • Analyzing user-provided financial preferences and data.
  • Generating hypothetical portfolios and investment insights.
  • Educational content and tools for financial decision support.

Important: The information and suggestions provided are for informational purposes only. So-Whatt is not a licensed financial advisor or broker. We do not provide personalized investment advice tailored to your specific situation, and no content on our Platform constitutes a recommendation to buy or sell any financial instrument. Always consider consulting a qualified financial advisor before making investment decisions.

3. User Accounts and Registration

To access certain features, you must create an account. When registering:

  • Provide accurate, current, and complete information. You are responsible for keeping your information up-to-date (e.g., contact details).
  • Choose a strong password and keep it confidential. You are responsible for all activities under your account. Do not share your login credentials with others.
  • Notify us immediately at info@so-whatt.ch if you suspect any unauthorized use of your account. We may request information to verify your identity and secure your account.

We reserve the right to suspend or terminate accounts that violate these Terms or involve fraudulent or illegal activity.

4. User Responsibilities and Acceptable Use

By using So-Whatt, you agree to:

  • Use the Platform only for personal, lawful purposes. You will not use the Platform for any illegal activities or to engage in any form of market manipulation or fraudulent behavior.
  • Not interfere with the Platform’s operation or attempt to circumvent security measures. This includes not introducing viruses, worms, or other harmful code, and not attempting to gain unauthorized access to our systems or other users’ data.
  • Respect our intellectual property and that of third parties (see Section 6 below). Do not scrape, reproduce, redistribute, or create derivative works from our content without permission.
  • Use one account only (unless explicitly permitted for separate personal/business profiles). You will not impersonate others or misrepresent your identity.

If you contribute or upload any content to the Platform (for example, through profile information or community features), you must ensure you have the right to do so and that such content does not infringe on any third-party rights or violate any laws. We may remove or delete any user content that breaches these Terms or is otherwise objectionable.

5. Subscription Plans and Payment

So-Whatt may offer free and paid subscription plans. If you subscribe to a paid plan:

  • Fees: You agree to pay all applicable subscription fees. Prices are listed in CHF/EUR and include any applicable taxes unless stated otherwise. Payments are processed via our third-party payment processor under its terms.
  • Billing: Subscriptions may be billed on a recurring basis (e.g., monthly or annually). By providing a payment method, you authorize us to charge the applicable fees to your payment instrument on the schedule stated at the time of purchase.
  • Free Trials: If a free trial is offered, you will not be charged during the trial period. Unless you cancel before the trial ends, the subscription will automatically convert to a paid plan and your payment method will be charged.
  • Cancellation: You can cancel your subscription at any time via your account settings or by contacting support. If you cancel, you will continue to have access to paid features until the end of your current billing period. We do not provide refunds for partial periods, except as required by law or stated in a specific promotion.
  • Right of Withdrawal (EU consumers): If you are a consumer in the European Union, you have the right to withdraw from a new subscription purchase within 14 days of your initial purchase without giving any reason. To exercise this right, you must inform us via an unequivocal notice (e.g., email). If you already accessed the paid service during this period, we may charge a pro-rated amount for the service provided up to the point of withdrawal, as permitted by law.

We reserve the right to adjust subscription fees with reasonable prior notice. Any fee change will be communicated to you and, for existing subscribers, will apply only from the next billing cycle after the notice period. If you do not agree to a fee change, you may cancel your subscription before the new rate takes effect.

6. Intellectual Property

All content and materials on So-Whatt, including software, articles, analyses, logos, graphics, and design elements, are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-transferable, non-exclusive, revocable license to access and use the Platform and our content for your personal, non-commercial use only.

Restrictions: You may not:

  • Copy, modify, distribute, or create derivative works from our content without prior written consent.
  • Reverse engineer, decompile, or attempt to extract the source code of any software or services on the Platform, except as permitted by law.
  • Use any trademarks, logos, or service marks displayed on the Platform without our prior written permission or that of the respective rights holder.

Any unauthorized use of our intellectual property may result in termination of this license and may constitute a violation of law.

7. Third-Party Services and Links

Our Platform may incorporate or link to third-party content or services (such as market data feeds, analytics tools, or payment processors). Important points:

  • No Control: We do not have control over third-party websites or services. If you follow third-party links or use third-party integrations, those are governed by the third party’s own terms and privacy policies.
  • No Endorsement: A link to or integration with a third-party service does not imply our endorsement of, or responsibility for, that service. You access third-party content at your own risk.
  • Third-Party Data: Any financial market data or information provided by a third-party source on our Platform is for your convenience and is provided “as-is.” While we strive to use reputable sources, we cannot guarantee that third-party data is accurate, complete, or up-to-date.

8. Disclaimers of Warranties

So-Whatt is provided on an “as is” and “as available” basis. To the fullest extent permitted by law:

  • We do not guarantee that the Platform will be uninterrupted, error-free, or free of harmful components. There may be times when the site is down for maintenance or due to technical issues.
  • We disclaim all warranties, express or implied, regarding the Platform and the information provided. This includes any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the information (including investment analyses or portfolio suggestions) is accurate, reliable, or suitable for your specific needs.
  • Not Financial Advice: All content on the Platform (including portfolio suggestions and analysis) is general in nature. It does not constitute financial or investment advice. We do not guarantee any outcomes or performance of any investment. Past performance is not indicative of future results. You are solely responsible for any actions you take based on the information from our Platform.

If applicable law does not allow the exclusion of certain warranties, those warranties are limited to the minimum extent required by law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, So-Whatt and its officers, directors, employees, and affiliates will not be liable for:

  • Indirect or consequential losses: This includes any special, incidental, consequential, or punitive damages, lost profits, lost data, or business interruption arising from or related to your use of (or inability to use) the Platform and services.
  • Decisions and losses: We will not be responsible for any investment losses or damages that result from your reliance on the information or suggestions provided by the Platform. You acknowledge that any investment decisions you make are at your own risk.
  • Total Liability Cap: In any event, our total liability to you for any claims arising out of or relating to these Terms or the use of the Platform will be limited to the amount (if any) you have paid us for services in the 12 months immediately preceding the event giving rise to the liability. If you have paid no fees, our total liability will be zero, to the extent allowed by law.

Nothing in these Terms limits liability for gross negligence, willful misconduct, or fraud, or for any liability that cannot be excluded or limited under law (for example, certain statutory warranties under applicable consumer laws or personal injury caused by negligence).

10. Indemnification

You agree to indemnify and hold harmless So-Whatt, its affiliates, and their respective officers, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) that arise from:

  • Your violation of these Terms or any law or regulation;
  • Your misuse of the Platform or any content;
  • Any content you provide or actions you take that infringe or violate the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

11. Suspension and Termination

We may suspend or terminate your access to So-Whatt (or certain features) at any time with or without notice if we reasonably believe:

  • You have breached these Terms or violated applicable laws;
  • Your use of the Platform poses a security risk or may harm our systems or other users;
  • We discontinue the service or face unexpected operational issues.

If your account is terminated or suspended:

  • Your right to use the Platform ceases immediately.
  • We may deactivate or delete your account and all associated data, or bar you from creating a new account, subject to our data retention obligations (see Privacy Policy for how we handle your data upon termination).

You may also terminate your own account at any time through your profile settings or by contacting us. Termination will not affect any rights or liabilities that accrued prior to the effective date of termination (for example, our right to payment or your indemnification obligations).

12. Changes to These Terms

We may update or modify these Terms from time to time. If we make material changes, we will notify you by email (to the address associated with your account) or by posting a prominent notice on the Platform. The notice will designate a reasonable advance effective date for the new Terms. Continued use of the Platform after the effective date constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you should stop using the Platform and, if applicable, cancel your subscription before the changes take effect.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland. However, we comply with applicable consumer protection laws and data protection laws of the jurisdictions in which we operate (see Privacy Policy and Data Protection Notice for EU/Swiss data rights).

If you are a consumer residing in the European Union, you may also have the benefit of mandatory provisions of the law of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such local mandatory laws.

Any disputes arising out of or related to these Terms or the use of the Platform that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of Vaud, Switzerland, unless otherwise required by applicable law (for example, certain disputes with EU consumers may be brought in their country of residence).

14. Miscellaneous

  • Entire Agreement: These Terms (along with any additional rules, guidelines, or documents expressly incorporated by reference, such as our Privacy Policy) constitute the entire agreement between you and So-Whatt regarding the use of our Platform, superseding any prior agreements.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will remain in full force.
  • No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone without our written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • No Partnership: These Terms do not create any joint venture, partnership, employment, or agency relationship between you and us.

If you have any questions or concerns about these Terms, please contact us at info@so-whatt.ch. Thank you for using So-Whatt responsibly and we hope our platform helps you make informed investment decisions!