Terms & Conditions

Welcome to the Terms & Conditions (these “T&C“) for einfintech.com (the “Website”), the platform.einfintech.com application (the “Platform”) and the einfintech.com email service (the “Email Service”) operated and managed by Vertendo s.r.l. (“einfintech”, “we”, “our” or “us”). We are registered in Italy under company number 10313710963 (Cod. Fisc. & P.IVA) and with registered office at Via Simone Martini detto Memmi 22, Milano. Please read these T&C carefully before you start to use the Platform. By using the Platform, you indicated that you accept these T&C, our Privacy Policy and that you agree to abide by them. If you do not agree to these T&C and/or thePrivacy Policy, please do not use the Platform.

Preamble

Important notice

By clicking I Agree, you confirm and acknowledge that the information and documents (the “Content”) on einfintech.com Platform and/or App are for informational purposes only and should not be considered a solicitation, proposal, offer, advice or a recommendation to buy, sell or hold any financial products or services in any jurisdiction. You confirm and acknowledge that you are authorized to access to the Content and that such access or any use of the Content will not contravene any laws or regulations in any jurisdiction. To the extent you are authorized to access to the Content on einfintech.com Platform and/or App, you confirm that you are aware of all potential risks factors linked to an investment activity in the financial markets. For the avoidance of doubt, einfintech.com is not egaged in providing investment advice in any form whatsoever, nor it is providing portfolio management services of any type: these activities are carried out by you in full discretion and you shall not solely rely on the services and/or information provided by einfintech.com to take an investment decision. Einfintech.com shall not bear any consequences related to your investment decisions.

Eligibility

This Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

1. These T&C

• ● In order to become a client (“Client” or “you“) of the Platform and to enjoy the services provided and features available on the Platform (“einfintech Services“), you must read and accept all these T&C and the Privacy Policy. By browsing, accessing or using the Platform or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these T&C. Einfintech may require that you agree to additional terms and conditions as part of any registration process and/or for particular services/products offerings, which einfintech may make available to you from time to time. Nothing in these T&C shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by these T&C and the Privacy Policy, you may not use the einfintech Services.

• ● Einfintech may modify these T&C from time to time without notice to reflect changes in market conditions affecting our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. Such modification shall be effective upon posting by einfintech on the Platform. You agree to be bound by any changes to these T&C when you use the einfintech Services after any such modification is posted on the Platform. It is therefore important that you review these T&C regularly to ensure you are updated as to any changes.
• 2. Use of einfintech Services

• ● Your use of all the einfintech Services is governed by these T&C. Einfintech may at its absolute discretion refuse you to access the platform and/or cancel/terminate your registration without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your registration.

• ● You must be 18 years of age or over to use the Platform and/or the einfintech Services. It is your responsibility to ensure you do not use the Platform and/or einfintech Services if below the minimum age of 18 years.

• ● Use of the Platform and/or einfintech Services requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such and you expressly acknowledge and agree that you are solely responsible for any malfunction of your internet provider and/or for any IT related issues you may encounter while using the Platform and/or einfintech Services.

• ● The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by einfintech. Illegal and/or unauthorised use of the einfintech Services is prohibited. Unauthorised commercial advertisements, affiliate links and other forms of solicitation may be removed from Clients accounts without notice and may result in the termination of Clients privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the einfintech Services, Platform and/or einfintech logo, trademarks and registered /license products. You are prohibited from selling, trading or otherwise transferring your einfintech account to another party.

• ● You will need to register to use the Platform by creating an account with einfintech. This allows us to provide you with access to your personal section of the Platform. You shall register directly with us in order to use the Platform and the einfintech Services. While creating an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register to become a Client, you need to submit your name and a valid email address. You are solely responsible for maintaining the confidentiality of your account, and you are fully responsible for all activities that occur under your account. You agree to notify einfintech immediately at [email protected] if you suspect any unauthorised use of your account or any other breach of security. You shall be responsible for all activity occurring under your registration details and account. Einfintech cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Any accounts which have been registered with another person’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we suspect use of an invalid email address.

• ● Einfintech declines any and all responsibility in relation to any offers made available on the Platform and any goods or services supplied in relation to it to the maximum extent permissible by law. Neither einfintech nor its officers, employees or affiliates (if applicable) may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied in connection with the Platform and/or einfintech Services.

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• 3. Client Responsibility

• ● You acknowledge and agree that all information you provide on registration and contained as part of your account on this Platform is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account accessible on the Website.

• ● It is your responsibility to ensure that any services, content or information available through the Platform or the einfintech Services meet your specific requirements.

• ● You agree to act in a responsible and legal manner when using the einfintech Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the einfintech Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Platform or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.

• ● You agree not to use the Platform and/or App to:

• ○ post content that is patently offensive and promotes racism, bigotry, hatred or harm of any kind against any group or individual;
• ○ post content that contains violence, or offensive subject matter;

• ○ post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

• ○ post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;

• ○ post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

• ○ create a false identity on the Platform, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;

• ○ use the Platform for any illegal purpose, criminal or tortious activity, including but not limited to, fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;

• ○ upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual property rights;

• ○ upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

• ○ upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code, files or programs designed to interrupt, destroy, limit or adversely affect the functionality of any computer software or hardware or telecommunications equipment;
• ○ attempt to gain unauthorised access to the Platform, in particular the non-public areas, the server on which the Platform is stored or any server, computer or database connected to the Platform;

• ○ attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;

• ○ interfere with or disrupt the einfintech Services or servers or networks connected to this Platform, or disobey any requirements, procedures, policies or regulations of networks connected to this Platform;

• ○ display on the Platform or use in connection with the Platform any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder;

• ○ display on the Platform or use in connection with the Platform any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render einfintech liable to the payment of damages to any third party.

• ■ Einfintech reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.

• ■ We reserve the right to remove or suspend any material posted which is, in our sole opinion, in breach of this clause, or which we suspect to be in breach of this clause at our absolute discretion. Einfintech shall be entitled to terminate your registration for breach of this clause.

• 4. Content

• ● Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Platform shall be considered non-confidential and non-proprietary.

• ● You understand that by posting materials and/or information on the Platform or otherwise providing materials to einfintech via any media, you are granting us an irrevocable non-exclusive license to use such materials and information for any purpose in the course of offering the einfintech Services.

• ● You represent and warrant that: (i) you own the materials and/or information posted by you on or through the einfintech Services or otherwise have the right to grant the license set forth in this section 4, and (ii) the posting of your materials and/or information on or through the einfintech Services does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through the einfintech Services.

• ● You are permitted to print and download limited extracts from the Platform for your own personal use provided that:

• ○ no documents or related graphics on the Platform are modified in any way;

• ○ no graphics on the Platform are used separately from corresponding text; and

• ■ einfintech’s copyright and trade mark notices and this permission notice appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Platform must always be acknowledged.

• ■ You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

• ■ You must not use, copy or reproduce any part of the materials on the Platform for commercial purposes, personal use or on any other digital platform without obtaining prior written consent to do so from us or our licensors.

• ■ If you print off, copy or download any part of the Platform in breach of these T&C, your right to use the Platform will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

• 5. Intellectual Property    

• ● The Platform contains intellectual property, which is the proprietary property of einfintech (“einfintech IP”). This includes, but is not limited to, copyrights, trade marks, information about technology, algorithms, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. Einfintech retains the rights to the einfintech IP and reserves all rights in respect of same.

• ● Subject to these T&C, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Platform and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

• ● All materials incorporated in or accessible through the Platform, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Platform), are owned, controlled or licensed by einfintech and/or its affiliates, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Platform in the ordinary course or as a resource for using the einfintech Services through the Platform. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

• ● In respect of all content or material that you submit or post on the Platform:

• ○ you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
• ○ you confirm that you have obtained the consent of any individual identified in such material to the posting of the material on the Platform.

• ■ The einfintech IP is provided by einfintech on an “as is” basis, and einfintech expressly diclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any einfintech IP. To the extent permitted by applicable law, einfintech excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the einfintech IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

• 6. Suspension and Termination

• ● We will determine, in our discretion, whether there has been a breach of these T&C through your use of the Platform. When a breach of these T&C has occurred, we may take such action as we deem to be appropriate.

• ● You agree that einfintech may, with or without cause and/or prior notice, immediately terminate your einfintech account on the Platform and/or your access to any einfintech Services, or take any or all of the following actions:

• ○ immediate, temporary or permanent withdrawal of your right to use the Platform;
• ○ refusal to post or publish any material provided by you on the Platform;
• ○ immediate, temporary or permanent removal of any contribution, posting or material uploaded by you to the Platform;
• ○ issue a warning to you;

• ○ issue legal proceedings against you for reimbursement of all costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach, on an indemnity basis;
• ○ further legal action against you; and/or
• ○ disclosure of such information to law enforcement authorities as we reasonably deem is necessary.

• ■ Without limiting the foregoing, the following will lead to a termination by einfintech of your use of the einfintech Services and the Platform: (1) breaches or violations of these T&C or other incorporated einfintech agreements or guidelines, (2) requests by law enforcement or other government agencies, (3) an express request by you, (iv) suspicion of fraud or (v) unexpected technical issues or problems.

• ■ Termination of your einfintech account includes removal of access to all offerings within the einfintech Services and may also exclude you from further use of the einfintech Services. Furthermore, you agree that all terminations shall be made at einfintech’s sole discretion and that einfintech shall not be liable to you nor any third party for any termination of your account or access to the einfintech Services and/or the Platform.

• ■ We exclude liability for actions taken in response to breaches of these T&C. The responses described in these T&C are not limited and we may take any other action we reasonably deem appropriate.

• 7. Indemnification

• ○ By accepting these T&C, you agree to indemnify, keep us indemnified and otherwise hold harmless einfintech, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions,  howsoever incurred by einfintech arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from (i) your use of the einfintech Services; (ii) unauthorized access to the einfintech Services or (iii) any breach of these T&C by you or any other matter relating to the einfintech Services.
• ○ In the event that your contributions to the Platform infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.

• 8. Disclaimers and Limitations of Liability – IMPORTANT – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION

• Unless otherwise agreed by us in writing, the material and content displayed on the Platform is provided on an “as is” and “as available” basis, without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, we, our affiliates (as the case may be), our offers and directors and third parties connected to us hereby exclude:

• ● all conditions, warranties and other terms (whether express or implied) which may otherwise be implied by statute, common law or the law of equity, including without limitation:

• ○ that the Platform and einfintech Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;

• ○ that the Platform will meet your requirements, is error-free, without interruption or available at all times;
• ○ that the results obtained from using the Platform, including any services or deals, will be effective reliable accurate or meet your requirements;
• ○ warranties as to privacy and security other than as stated in our Privacy Policy;

• ○ that you will be able to access or use the Platform or einfintech Services at times or locations of your choosing; and
• ○ any warranties on the basis of oral or written information, representations or statements given by a einfintech representative; and

• ● any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Platform and/or the App or in connection with the use, or results of the use of the Platform and/or App, any websites linked to them and any materials posted on them, including without limitation any liability for:

• ○ loss of income or revenue;
• ○ loss of business;
• ○ loss of profits or contracts;
• ○ loss of anticipated savings, the use of money or opportunity;
• ○ loss of data;
• ○ loss of goodwill or reputation;

• ○ wasted management, office time or personnel time;
• ○ work stoppage, computer failure or malfunction; or
• ○ any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

• ● Nothing in this section 8 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

• ● While einfintech endeavours to ensure that the Platform and the App is normally available 24 hours a day, einfintech is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the einfintech Services or combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation in connection with the einfintech Services. Access to the Platform and/or the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond einfintech’s control.

• ● Einfintech will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the einfintech Services or the Platform or the App will be free of faults and you acknowledge and agree that einfintech does not accept liability for any errors or omissions. Neither we nor our licensors shall be liable for any errors, inaccuracies or delays in the einfintech Services or any content, or for any actions taken by you in reliance thereon.  In the event of an error or fault, you should report it by email to: [email protected]

• ● Einfintech reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform and/or the App and/or the some or all the einfintech Services with or without notice. You agree that einfintech shall not be liable to you or any third party for any modification, suspension or discontinuation of the einfintech Services.
• 9. Investment Advice/Portfolio Management – IMPORTANT – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION

• ● Einfintech is not regulated by any supervisory author in Italy and any other jurisdiction. Einfintech does not offer any regulated services. The content, commentary and materials posted on the Platform and/or the App or otherwise provided to you by einfintech are strictly for public information and distribution purposes only and are not intended to address your particular requirements. We decline all liability and responsibility arising from any reliance placed on commentary or materials by any user of this Platform, or by anyone who may be informed of any of its contents.

• ● You understand and agree that the einfintech Services do not constitute any form of advice, recommendation, endorsement or arrangement. The information published on the Platform should not be interpreted as a recommendation for you to buy, sell, or hold that or any other security, financial product or investment. The opinions expressed on the Platform do not constitute investment advice

• ● The einfintech Services do not provide tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. Independent advice should be obtained before making any such decision from your financial adviser, tax adviser or solicitor.

• ● In using the einfintech Services you acknowledge that:

• ○ the Platform, the App, and the commentary, material and content displayed on the Platform, are provided for information purposes only and are not intended for trading purposes;

• ○ the Platform and/or the App may include certain information taken from stock exchanges and other sources from around the world;
• ○ the provision of certain parts of the Platform may be subject to the terms and conditions of other agreements to which einfintech is a party;
• ○ you expressly agree that your use of the einfintech Services and the einfintech Platform and App is at your sole risk.

• 10. Governing Law

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• The Italian courts will have exclusive jurisdiction over any claim arising in respect of, or related to, the Platform and the App although we retain the right to bring proceedings against you for breach of these T&C in your country of residence or any other relevant country. These T&C will be governed by and construed in accordance with the laws of Italy.
• 11. Links
• This Platform may contain links or references to other websites, these are provided for your convenience only. If you use these links, you leave the Platform and/or App. Einfintech has no control over third party websites and accepts no responsibility for any content, material, information intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by einfintech. When you access these third-party sites, you do so at your own risk, your use of such third party sites may be governed by the terms and conditions of that third party site.

• 12. Linking to the Website

• ● You may link to the Website homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in anyway so as to suggest any form of association, approval or endorsement on our part where none exists.

• ● You may not mirror, screen scrape or otherwise reproduce all or any part of the website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.

• ● If you wish to make use of material on the Website other than set out above, please address your request to [email protected]

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• 13. General Terms

• ● These T&C, which incorporate the einfintech Privacy Policy as well as our Cookie Policy, and any notices raised by us on our Platform and/or App from time to time constitute the entire agreement between you and einfintech regarding the use of this Platform and the einfintech Services. These T&C supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

• ● Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.

• ● The failure of einfintech to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision.

• ● We may revise these T&C at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these T&C may also be superseded by provisions or notices published elsewhere on the Platform.

• ● These T&C operate to the fullest extent permissible by law. If any provision of these T&C is unlawful, void or unenforceable, that provision is deemed severable from these T&C and does not affect the validity and enforceability of any remaining provisions. These T&C are personal to EIN and you

• ● You may not assign, novate, sub-contract or otherwise transfer its part or all of these T&C, without the prior written consent of einfintech.

• ● Nothing in these T&C shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and einfintech.

• ● Einfintech shall not be liable for delay or failure to perform any of its obligations under these T&C where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.

• ● Unless otherwise stated in these T&C, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office or at the following addresses [email protected].

• 14. Contacting EIN

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• Please contact us at [email protected] with any questions regarding these T&C or material which appears on our Platform.
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