INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of Chimera Terms and Conditions:

Account means a unique account created for You to access our Service or parts of our Service.

App means the mobile application and/or the web application Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Outlogic Sagl, the company which has developed the reference App and Website to access Chimera.TRADE services.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Switzerland

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service means services offered by Chimera, which enable the user to (i) access Non-custodial open markets to trade crypto in a trustless and private way; (ii) place OTC orders and access more than 100 cryptos; (iii) direct deposit and withdrawals Fiat currencies 

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to Chinera Website, accessible from https://chimera.trade/

“You” “YOUR” “USER” mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

GENERAL SCOPE

The following terms of services (the “Terms“) define the rights and obligations of the parties in connection with the services provided by Chimera and the use of the Chimera  App and the Chimera website accessible at https://Chimerai.trade (the “App” and the “Website“).

Your consent to these Terms is given once you tick the box in the pop-up window which appears upon your first connection and which says “I warrant that I read and understand Chimera’s Terms of Services regarding the use of the website and application and I agree to be bound by them”.

By ticking the box, you (the “User”) agree to be bound by the Terms, as amended and published either on the Website and or the App, and to comply with these Terms and all applicable laws and regulations. If you do not agree with the Terms, you should refrain from using the App and/or the Website.

Disclaimers. YOU USE THE APP AND OR THE WEBSITE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. The App is provided ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT APP AND OR THE WEBSITE WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT the App WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN USERS USE THE APP AND OR THE WEBSITE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND PARTNERS, FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

By using Chimera Services, you explicitly confirm that you have read and understood the clauses in the Terms about Chimera’s disclaimers and limitations of liability.

Furthermore, you warrant that you are at least eighteen (18) years old, possess the legal capacity to contract, and are not prohibited from using the App or the Website under any applicable law.

The Terms and Privacy Policy may be updated by Chimera at any time without prior notice. The current version is available on https://chimera.trade/terms-conditions/ and https://chimera.trade/privacy-policy/, and you’re expected to review them regularly. If you disagree with any modifications, please discontinue using Chimera. Your continued access and/or use of Chimera Services, the Website, and the App signifies your acknowledgement and acceptance of the amendments to the revised Agreement. 

These Terms & Conditions are written in English.

AVAILABILITY

The Company aims to maintain accessibility to the App and the Website 24/7. However, temporary suspensions may occur due to technical maintenance, migration, updates, or Internet operation constraints. The Company bears no responsibility for malfunctions or access issues caused by third parties, user equipment, or other circumstances beyond its control.

While the Company strives to provide accurate and timely information on the App and the Website, it may not always be entirely accurate, complete, or current, and may contain technical inaccuracies or typographical errors. Therefore, users are advised to verify all information before making decisions based on it. The Company shall not be held liable for any decisions made based on information found on the App and the Website.

NO INVESTMENT ADVICE

The information on the App and the Website does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, trading or selling Crypto. The company recommends seeking advice from legal and financial experts before buying, trading or selling crypto. Buying and selling crypto carries with it a high degree of risk. The User should be fully aware of the level of risk involved before trading. Any loss of data, crypto or profit is the User’s sole responsibility. We will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission. 

There is always the possibility something unexpected happens concerning crypto that causes the User’s crypto to be lost. The company strongly recommends that the User not invest more than he/she is willing to lose. The User is solely responsible for any investment decisions.

USE OF CHIMERA SERVICE

The Chimera-regulated services are CRYPTO i.e. placing OTC orders and accessing more than 100 cryptos, and BANKING i.e direct deposit and withdrawals of Fiat currencies 

The Chimera service DEX i.e. mere access to Non-custodial open markets communication protocol to trade crypto in a trustless and private way is not a regulated service under the Swiss Law.

The Chimera-regulated services are operated under the supervision of SoFit,  a leading Swiss SRO compliant with the latest FINMA regulations. 

For the Chimera-regulated services, The User acknowledges and agrees to the following conditions:

Over CHF 1.000,00 ON A  MONTHLY BASE

1. Must use only addresses registered in the KYC profile to send crypto
2. All crypto will be sent to the addresses registered in the KYC profile
3. All Fiat must come from the account, in the customer name, registered in the KYC profile
4. No shared bank accounts are allowed
5. No shared wallets are allowed
6. Will cover all expenses in case conditions are not followed (returns of funds, wrong currency sent, funds received from wrong account or wallet)
7. Shall add the correct IBAN or SWIFT code to the Fiat transfers
8. Must approve the TOT on the trade page

Under CHF 1.000,00 ON A  MONTHLY BASE

1. Must use only addresses in own control 
2. All crypto will be sent to the addresses entered on the order page
3. All Fiat must come from an account in the customer’s name
4. No shared bank accounts are allowed
5. No shared wallets are allowed
6. Will cover all expenses in case conditions are not followed (returns of funds, wrong currency sent, funds received from the wrong account or wallet, wrong address or network provided in the order page)
7. You must add the correct IBAN or SWIFT code to the Fiat transfers
8. Must approve the TOT on the trade page

Customers take all responsibility for loss of funds in case they try to bypass the limit by any means or send more than the limit of CHF 1.000,00 ON A  MONTHLY BASE

TAXES

It is the sole responsibility of the User to determine whether, and to what extent, any taxes apply to any transactions he/she conducts through the App and or Website, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. The User’s transaction history is available on the App and or Website. 

WARRANTIES 

By using Chimera Services and the Website or the App, the User warrants that: 

The User has a good understanding of the English language (or any other language the Website, the App, and these Terms will be translated to), and has read and understood these Terms;

The User has obtained sufficient information about crypto to make an informed decision to purchase crypto; 

The User has examined as to whether crypto meets the User’s own requirements regarding the User’s own objectives, risk appetite, experience and/or knowledge; 

The User’s purchase of crypto complies with applicable laws and regulations in the User’s jurisdiction; and

if the User is purchasing crypto on behalf of any entity (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation, (ii) the User is duly authorised by such legal entity to act on its behalf and to accept these Terms, and (iii) such entity will be responsible for breach of these Terms by the User or any other employee or agent of such entity.

THIRD PARTIES INTEGRATIONS

We may incorporate, reference or provide access to third-party services. We are not the owner, operator or licensor of these third-party services, and we shall not be responsible for any consequences stemming from the use of a third-party service.

The use of any third-party service is subject to separate terms and conditions issued by the respective third-party service provider. It is each user’s responsibility to review the terms and policies of a third-party service provider before deciding to use such a service.

INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner of all intellectual property rights related to the Website and the App. Any content presently displayed or made available by Chimera in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of the Company, its affiliates or its suppliers, and is protected by Swiss and international intellectual property law. Chimera’s names and logos are trademarks of Chimera. Chimera’s trademarks and logos may not be used for products or services that are not respectively manufactured or offered by the Company, or in any way that could confuse the public, or in any way that disparages or discredits Chimera. Accordingly, the User agrees not to reproduce, represent, extract and or use in any way any or all of Chimera’s trademarks, logos, Website or services.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, any liability by the company or any person acting on behalf of the company is herewith excluded. The company disclaims any and all liability for loss of profits, income, value or data, or indirect, special, consequential, exemplary or punitive damages.  In particular, the User expressly agrees that in no event the company or any person acting on behalf of the company will be liable for any loss or damages incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the Website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorised access (as a result of hacking or piracy activities, for example) or any other failure or inadequacy on the part of telecommunication or network service providers. 

In no event will the Company, its directors, officers, employees, suppliers, agents or affiliates be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, exemplary or punitive loss or damages, arising from or related to the use of Chimera services including but not limited to loss of or inability to access or transact data, profit and Digital Assets.

Without limiting the generality of the foregoing, the company  takes no responsibility for and will not be liable for any financial or other loss or damage arising from or related to the use of Chimera services and the App and or Website including but not limited to any of the following:

1. financial loss due to access being “Brute-forced”.
2. financial loss due to data loss.
3. financial loss due to hacks or unavailability.
4. financial loss due to forgotten mnemonic phrases, PINs or passwords.
5. financial loss due to errors in calculating network fees.
6. financial loss due to incorrectly constructed transactions or mistyped crypto addresses.
7. financial loss due to “phishing” or other websites masquerading as Chimera. trade.

The total liability of the Company, including its directors, officers, employees, suppliers, agents, or affiliates, concerning the use of Chimera services, the App, and the websites, is LIMITED TO 100.00 CHF for all claims combined.

SEVERABILITY

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, it will be so held to the minimum extent required by law and such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms to effect the original intent of the parties as closely as possible so that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 

CHANGE TO THESE TERMS

We reserve the right to update, replace or otherwise change any part of these Service Terms at our sole discretion, by posting updates and changes to our website. If you do not agree to the changes, your only remedy is to discontinue the use of our products and services.

While we will strive to notify our users of any changes, it is your sole responsibility to check our website periodically for changes. Your continued use of the services following the posting of any changes to these Service Terms constitutes acceptance of those changes.

ENTIRE UNDERSTANDING

These Service Terms contain the entire understanding between the parties as to the subject matter of these terms.

CONTACT

If you have any questions, comments, concerns or other correspondence, Chimera can be contacted via email on hello@chimera.trade

APPLICABLE LAW AND JURISDICTION

These Terms and the use of the Website and the App will be governed by, construed and enforced in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule. Any dispute arising out of or relating to these Terms and the use of the Website and the App, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Lugano, Switzerland