Terms of Use

1. Consent to Terms

These terms of use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Pinechip Capital GmbH ("company," "we," "us," or "our"), concerning your access to and use of the website https://pinchcapt.com as well as any other media, channel, mobile website, or mobile application associated, linked, or otherwise connected thereto (collectively, the "Website"). We are registered in Germany and have our registered office at Große Theaterstraße 1a, Große Theaterstraße 1a, Germany. The Website provides an online marketplace for the following goods, products, and/or services: electronic goods and hardware for secure storage of digital assets (the "Marketplace Offerings"). To make the Website a secure environment for the purchase and sale of Marketplace Offerings, all users must agree to and abide by these terms of use. You agree that by accessing the Website and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these terms of use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the Website and/or the Marketplace Offerings and you must discontinue use immediately.

Additional terms and/or documents published from time to time on the Website are hereby expressly incorporated by reference into these terms of use. We reserve the right, in our sole discretion, to modify or revise these terms of use at any time, and you agree to be bound by such modifications or revisions. We will notify you of any changes by updating the "Last Updated" date of these terms of use, and you waive any right to receive specific notice of each such change. You should ensure to check these terms applicable to you each time you use our Website to understand which terms apply. By continuing to use the Website after the date of any such revised terms of use are posted, you accept and are deemed to be aware of and consent to the changes in the revised terms of use and have agreed to be bound by them.

Information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Individuals who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Website is not designed to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), etc.), so you should not use this Website if your interactions would be subject to such laws. You shall not use the Website in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Website, register on the Website, or use the Marketplace Offerings.

2. Intellectual Property Rights

Except as otherwise indicated, the Website and the Marketplace Offerings are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are owned by us or licensed to us, and are protected by copyright, trademark, and various other intellectual property rights and unfair competition laws of Germany, international copyright laws, and international conventions. The Content and the Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these terms of use, no part of the Website or the Marketplace Offerings, nor any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

If you are permitted to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. All rights not expressly granted to you in relation to the Website, Content, and Marks are reserved by us.

3. User Representations

By using the Website or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit is truthful, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these terms of use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website or the Marketplace Offerings through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Website for any illegal or unauthorized purpose; and (7) your use of the Website or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

You shall not use the Website or the Marketplace Offerings for any illegal or unauthorized purpose, nor shall you, in the use of the Marketplace Offerings, violate any laws in your jurisdiction. Unauthorized use of the Marketplace Offerings includes, but is not limited to, unauthorized trafficking in narcotics of any kind; illegal drugs or other illegal products; alcoholic beverages; gambling; and pornography or adult-graphic content, images, or other adult products. Posting of unauthorized products or content may result in immediate termination of your account and a lifetime ban from using the Website.

We are a service provider and do not make any representations about the safety, effectiveness, suitability, accuracy, availability, prices, ratings, reviews, or legality of the information contained on the Website or the Marketplace Offerings displayed or offered on the Website. You understand and agree that the Content of the Website cannot be considered reliable basis, and you agree to indemnify us for any error, omission, or misrepresentation in the Content of the Website. We do not endorse or recommend any Marketplace Offerings, and the Website is solely intended for informational and promotional purposes.

4. User Registration

To use the Marketplace Offerings, you may need to register on the Website. You agree to treat your password confidentially and to be responsible for all activities on your account and password. We reserve the right to delete, recover, or modify a username you have chosen if we deem, in our sole discretion, that such username is inappropriate, obscene, or otherwise offensive.

5. Marketplace Offerings

We strive to represent the colors, features, specifications, and details of the Marketplace Offerings available on the Website as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings are accurate, complete, reliable, current, or error-free, and your electronic display may not exactly reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that the Marketplace Offerings will be in stock. Some Marketplace Offerings may be exclusively available online through the Website. These Marketplace Offerings may have limited quantities and are refundable or exchangeable only in accordance with our return policy.

We reserve the right to limit the quantities of Marketplace Offerings offered or available on the Website. All descriptions or prices of Marketplace Offerings may be changed at any time and without notice, at our sole discretion. We also reserve the right to terminate any Marketplace Offerings at any time for any reason. We do not guarantee that the quality of the Marketplace Offerings you purchase will meet your expectations or that errors on the Website will be corrected.

6. Purchases and Payments

We accept the following payment methods:

- Visa
- Mastercard
- American Express
- Discover
- PayPal
- Diners Club
- Maestro
- Apple Pay
- Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases of Marketplace Offerings made through the Website. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Value-added tax will be added to the purchase price, as determined by us. We reserve the right to change prices at any time. All payments will be made in pounds sterling.

You agree to pay all charges at the prices then in effect for your purchases, as well as any applicable shipping charges, and you authorize us to charge the amounts corresponding to your chosen payment provider upon placing your order. We reserve the right to correct any errors or inaccuracies in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Website. We may also, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or the same billing or shipping addresses. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, wholesalers, or distributors.

7. Return Policy

Please refer to our return policy posted on the Website before making a purchase.

8. Prohibited Activities

You may only access or use the Website for a specific purpose for which we provide the Website. The Website must not be used for commercial projects unless expressly approved or endorsed by us.

As a user of the Website, you agree not to do the following:
Systematically extract data or other content from the Website to create or compile a collection, compilation, database, or directory, whether directly or indirectly, without our written permission.
Mislead, defraud, or deceive us or other users, especially by attempting to obtain sensitive account information such as user passwords.
Bypass, disable, or otherwise interfere with the security features of the Website, including features that prevent the use or copying of content, or that impose restrictions on the use of the Website and/or its content.
Harm, defame, or otherwise injure us or the Website, as we deem appropriate.
Use information obtained from the Website to harass, abuse, or harm another person.
Abuse our customer service or submit false reports of abuse or misconduct.
Use the Website in a manner contrary to applicable laws or regulations.
Frame the Website without permission or establish links to the Website.
Upload or transmit viruses, trojans, or other materials (or attempt to do so), including excessive use of capitalization and spam (continuous posting of repeated text), disrupting the continued use and enjoyment of a party on the Website, or disrupting, modifying, interrupting, or affecting the use, features, characteristics, operation, or maintenance of the Marketplace Offerings.
Use the system in an automated manner, such as using scripts to send comments or messages, or using data collection, robots, or other data collection and extraction tools.
Remove copyright or other proprietary rights from content.
Attempt to impersonate another person or use another user's username.
Upload or transmit (or attempt to do so) material serving as a mechanism for collecting or transmitting information, passive or active, including, but not limited to, clear graphic exchange formats ("GIFs"), 1x1 pixels, Web bugs, cookies, or other similar devices (sometimes called "spyware" or "passive collection mechanisms" or "PCM").
Disrupt, interrupt, or create an unreasonable burden on the Website or networks or services associated with the Website.
Harass, annoy, intimidate, or threaten our employees or agents who provide you with parts of the Marketplace Offerings.
Attempt to circumvent measures on the Website that prevent or limit access to the Website or certain parts of the Website, or attempt to circumvent measures on the Website that prevent or limit access to the Website or certain parts of the Website.
Copy or modify the Website software, including, but not limited to, Flash, PHP, HTML, JavaScript, or any other code.
Decrypt, decompile, disassemble, or reverse engineer the software that constitutes or is in any way associated with the Website, except to the extent permitted by applicable law.
Use an automated system, including, but not limited to, a robot, cheat, scraper, or offline reader, to access the Website, or use unauthorized script or other software or launch it.
Use a shopping or purchasing agent to make purchases on the Website.
Use the Marketplace Offerings for the purpose of competing with us, or otherwise use the Website and/or content for any revenue-generating or commercial business.
Use the Website to promote or offer goods and services.
Sell or transfer your profile in any other way.

9. User Contributions

The Website may invite you to participate in chats, contribute to blogs, bulletin boards, online forums, and other features, and offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or send content and materials on the Website or to us, or to post on the Website, including, but not limited to, text, fonts, videos, audio, photographs, graphics, comments, suggestions, or personal information or other materials (hereinafter referred to as "Contributions"). Contributions may be viewed by other users of the Website and the Marketplace Offerings as well as via third-party websites. As such, the Contributions you submit are considered non-confidential and non-exclusive. When you create or provide Contributions, you therefore represent and warrant that:
The creation, distribution, transmission, public display or performance, and accessing, downloading, or copying of your Contributions will not infringe the proprietary rights, including, but not limited to, the copyright, patent, trademark, trade secret, or moral rights of third parties, and will not violate.
You are the creator and owner, or have the licenses, rights, consents, permissions, releases, and consents necessary to use your Contributions and enable us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms of Use and to authorize such use.
You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use the name or likeness of each identifiable individual in your Contributions to enable the inclusion and use of your Contributions in any manner contemplated by the Website and these Terms of Use and to authorize such use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, suggestive, lewd, violent, harassing, defamatory, or otherwise inappropriate (as determined by us).
Your Contributions do not ridicule, mock, defame, intimidate, or abuse anyone.
Your Contributions will not be used to harass or threaten another person (legally defined) and to promote violence against a specific person or group of people.
Your Contributions do not violate applicable laws, regulations, or rules.
Your Contributions do not violate the privacy or publicity rights of third parties.
Your Contributions do not violate child pornography laws or are not intended to protect the health or well-being of minors.
Your Contributions do not contain offensive comments related to race, nationality, gender, sexual orientation, or physical disability.
Your Contributions do not otherwise violate or are not related to material in violation of any provision of these Terms of Use or applicable law or regulations.
Any use of the Website or Marketplace Offerings in violation of the above constitutes a breach of these Terms of Use and may result, among other things, in the termination or suspension of your rights to use the Website and Marketplace Offerings.

10. Licence for Contributions

By posting your Contributions on any page of the Website, you automatically grant us unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide rights and licenses to host, use, copy, reproduce, disclose, sell, resell, publish, transmit, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute your Contributions (including, but not limited to, your image and voice), as well as to use them for commercial, advertising, or any other purposes, and to create derivative works from such Contributions or incorporate them into other works, and grant the rights and licenses set forth above. Such use and distribution may occur in all media formats and through all media channels.

This license applies to any form, medium, or technology, whether known or developed subsequently, and includes our use of your name, company name, and franchise name, if any, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in your Contributions.

We acquire no ownership rights over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations contained in your Contributions provided in any area of the Website. You are solely responsible for your Contributions on the Website, and you expressly agree to indemnify us from any liability and not to bring any claims against us in connection with your Contributions.

We reserve the right, at our sole discretion, (1) to edit, shorten, or otherwise modify any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations on the Website; and (3) to revise or remove any Contributions at any time and for any reason without prior notice. We are not obligated to monitor your Contributions.

11. Guidelines for Reviews

We may provide you with spaces on the Website to submit reviews or ratings. When writing a review, you must adhere to the following criteria: (1) You must have direct experience with the products being reviewed; (2) Your reviews must not contain abusive, racist, offensive, or hateful language; (3) Your reviews must not contain discriminatory references to religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (4) Your reviews must not contain references to illegal activities; (5) You must not be affiliated with competitors when providing negative reviews; (6) You must not draw conclusions about the legality of behaviors; (7) You must not post false or misleading statements; and (8) You must not organize campaigns to encourage others to give reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to review or remove reviews, even if someone considers reviews offensive or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or those of our partners or affiliates. We disclaim any responsibility for a review or for any claim, liability, or loss arising from a review. By posting a review, you hereby grant us an unlimited, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable right and license to reproduce, modify, translate, transmit in any manner, display, perform, and/or distribute any content related to the reviews.

12. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website or Marketplace offerings ("Submissions") that you provide to us are non-confidential and shall become our exclusive property. We shall have exclusive ownership rights, including all intellectual property rights, and are entitled to use and distribute such Submissions in any manner, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to such Submissions, and warrant that such Submissions originate from you or that you have the right to submit them. You agree not to sue us for alleged or actual infringement or unauthorized appropriation of rights in your Submissions.

13. Third Party Websites and Content

The Website may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, images, designs, music, sound, videos, information, applications, software, and other content or items originating from or provided by third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not reviewed, monitored, or checked for accuracy, adequacy, or completeness by us, and we are not responsible for any Third-Party Websites accessed via the Website or any Third-Party Content available or installed on, through, or from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies included in Third-Party Websites or Third-Party Content. The inclusion of links to Third-Party Websites, or permission to use or install Third-Party Websites or Third-Party Content, does not imply endorsement or approval by us. If you decide to leave the Website and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Website, or in connection with the applications you use or install from the Website. Any purchases you make through Third-Party Websites are made on other websites and from other companies, and we assume no responsibility in this regard, as such purchases are exclusively between you and the relevant third party. You further agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you indemnify us from any damages resulting from your purchase of such products or services. Additionally, you hold us harmless from any losses incurred or damages caused by or in connection with Third-Party Content or interaction with Third-Party Websites, in any manner whatsoever.

14. Website Management

We reserve the right, but are not obligated to: (1) monitor the Website for violations of these Terms of Use; (2) engage in appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including but not limited to reporting such person to the relevant authorities; (3) at our sole discretion and without limitation, refuse, limit, or disable (to the extent technically feasible) the use, access, availability, or disablement of all or part of your contributions; (4) at our sole discretion and without notice or liability, remove or disable files and content from the Website that are excessively large for our systems or that, in any way, overload our systems; and (5) otherwise manage the Website in a manner to protect our rights and property rights, and to facilitate the proper functioning of the Website and Marketplace offerings.

15. Privacy Policy

We value the privacy and security of data. Please read our privacy policy: [link to privacy policy](https://pinchcapt.com/pages/privacy-policy). By using the Website or Marketplace offerings, you agree to be bound by our privacy policy, which is incorporated into these Terms of Use. Please note that the Website and Marketplace offerings are hosted in Germany. If you access the Website or Marketplace offerings from another region of the world with laws or other requirements different from those in force in Germany regarding the collection, use, or disclosure of personal data, you are transferring, by your continued use of the Website, your data to Germany, and you consent to the transfer and processing of your data in Germany.

16. Term and Termination

These Terms of Use remain in effect as long as you use the Website. Without prejudice to other provisions of these Terms of Use, we reserve the right, at our sole discretion and without notice or liability, to refuse access to and use of the Website and Marketplace offerings (including blocking certain IP addresses) to any person for any reason or without reason, including but not limited to, in case of breach of a warranty, representation, or agreement contained herein, or in case of violation of any applicable law or regulation. We may terminate your use or participation in the Website and Marketplace offerings at any time, at our sole discretion, or delete your account and all information or content you have posted, without notice, at our sole discretion.

In the event of termination or suspension of your account for any reason, you are prohibited from re-registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of that third party. In addition to the termination or suspension of your account, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.

17. Modifications and Interruptions

We reserve the right to modify, amend, or delete the content of the Website at any time and for any reason, at our sole discretion and without notice. However, we are not obligated to update information on our Website. We also reserve the right to modify or terminate any or all Marketplace offerings at any time and without notice. We are not responsible for changes, price changes, suspensions, or interruptions of the Website or Marketplace offerings to you or to third parties.

We cannot guarantee that the Website and Marketplace offerings will be available at all times. Hardware, software, or other issues may arise, or maintenance work may be performed on the Website, which may result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, interrupt, or otherwise modify the Website or Marketplace offerings at any time or for any reason, without notice. You agree that we shall not be liable for any losses, damages, or inconvenience caused by your inability to access or use the Website or Marketplace offerings during a downtime or interruption period. Nothing in these Terms of Use obligates us to maintain or support the Website or Marketplace offerings or to provide corrections, updates, or associated versions.

18. Contact Us

To address a complaint regarding the Website or Marketplace offerings, or to obtain more information about using the Website or Marketplace offerings, please contact us at the following address:

Große Theaterstraße 1a, Große Theaterstraße 1a, Germany
Phone: +49 40 247310
Email: info@pinchcapt.com