top of page

Legal & Regulatory Disclaimer

1. Important Information

This Legal & Regulatory Disclaimer ("Disclaimer") applies to the website www.blynkx-ag.com (the "Website") and all content, materials, and information made available through it. By accessing this Website, you acknowledge that you have read, understood, and agree to be bound by this Disclaimer. If you do not agree with any part of this Disclaimer, you must not use this Website.

This Disclaimer should be read in conjunction with our Terms and Conditions and Privacy Policy, which together govern your use of this Website.

2. Regulatory Status

2.1 Swiss Authorisation

BlynkX AG is a Swiss asset manager (Vermögensverwalter) incorporated under the laws of Switzerland with its registered office in Zug. BlynkX AG is authorised and supervised by SO-FIT (Organisme de Surveillance pour Intermédiaires Financiers & Trustees), a supervisory organisation approved by the Swiss Financial Market Supervisory Authority (FINMA) pursuant to the Swiss Financial Institutions Act (FinIA) and the Swiss Anti-Money Laundering Act (AMLA).

2.2 Scope of Authorisation

Our authorisation permits us to provide asset management services to qualified investors as defined under Swiss law. BlynkX AG is not a bank, securities dealer, or fund management company, and is not authorised to accept deposits, provide banking services, or manage collective investment schemes.

2.3 Supervisory Organisation

SO-FIT Organisme de Surveillance pour Intermédiaires Financiers & Trustees Website: www.so-fit.ch

2.4 Company Details

BlynkX AG Ageristrasse 64 6300 Zug Switzerland

Company Registration (UID): CHE-302.149.169

3. Qualified Investors Only

3.1 Investor Eligibility

The services offered by BlynkX AG are available exclusively to qualified investors (qualifizierte Anleger) as defined in Article 10 of the Swiss Collective Investment Schemes Act (CISA) and Article 4 of the Swiss Financial Services Act (FinSA). This includes:

  • Professional clients within the meaning of Article 4(3) FinSA

  • High-net-worth individuals who have declared in writing that they wish to be treated as professional clients

  • Private investment structures established for such qualified investors

  • Institutional investors, including pension funds, insurance companies, and other regulated financial institutions

 

3.2 Verification Requirements

Before establishing any client relationship, BlynkX AG is required to verify that prospective clients meet the applicable qualified investor criteria. This Website and its contents are not intended for, and services will not be provided to, persons who do not meet these requirements.

3.3 Retail Investors

BlynkX AG does not provide services to retail clients. If you are a retail investor, please do not use this Website to request services, and be aware that the information contained herein may not be suitable for your circumstances.

4. Jurisdictional Restrictions

4.1 Geographic Limitations

This Website and the information contained herein are intended solely for persons located in jurisdictions where such distribution or availability would not be contrary to local law or regulation. It is your responsibility to be aware of and comply with all applicable laws and regulations of your jurisdiction.

4.2 United States

This Website is not directed at, and the services described herein are not available to, persons located in the United States of America, its territories or possessions, or any person who is a "U.S. Person" as defined in Regulation S under the U.S. Securities Act of 1933. If you are a U.S. Person or are accessing this Website from the United States, you must exit immediately and may not use any of our services.

BlynkX AG is not registered with the U.S. Securities and Exchange Commission (SEC) or any U.S. state securities regulatory authority. No offer or solicitation to buy or sell securities is being made in the United States.

4.3 Other Restricted Jurisdictions

The services described on this Website may not be available in all jurisdictions. In particular, services may not be available to persons located in jurisdictions where the provision of such services would require additional licensing, registration, or regulatory approval that BlynkX AG does not hold. Such jurisdictions may include, but are not limited to:

  • Countries subject to comprehensive international sanctions

  • Jurisdictions where local regulations prohibit cross-border asset management services

  • Countries where BlynkX AG has determined, in its sole discretion, not to offer services

 

4.4 Your Responsibility

By accessing this Website, you confirm that you are not located in a restricted jurisdiction and that you are permitted under the laws of your jurisdiction to receive the information contained herein. If you are uncertain about your eligibility, you should seek independent legal advice before proceeding.

5. No Offer or Solicitation

5.1 Informational Purposes Only

The content of this Website is provided for general informational purposes only. Nothing on this Website constitutes, or is intended to constitute:

  • An offer to sell, or a solicitation of an offer to buy, any securities, investment products, or services

  • An invitation to enter into any transaction or investment arrangement

  • Investment advice, financial advice, tax advice, or legal advice

  • A recommendation to buy, sell, or hold any investment or pursue any investment strategy

  • An offer or solicitation in any jurisdiction where such offer or solicitation would be unlawful

 

5.2 No Client Relationship

Accessing this Website or communicating with BlynkX AG through this Website does not create a client relationship, advisory relationship, or any other professional relationship between you and BlynkX AG. Any such relationship would only be established through the execution of formal written agreements following our client onboarding and due diligence procedures.

5.3 Separate Documentation

Any investment in strategies or products managed by BlynkX AG will be made solely on the basis of the relevant offering documents, investment management agreements, and other definitive documentation. Prospective investors must review such documentation carefully, including all risk factors and conflicts of interest, before making any investment decision.

 

6. No Investment Advice

6.1 General Information

The information on this Website is general in nature and does not take into account your individual financial situation, investment objectives, risk tolerance, or specific needs. It should not be relied upon as a substitute for professional advice tailored to your circumstances.

6.2 Independent Advice

Before making any investment decision, you should consult with qualified independent advisers, including financial advisers, tax advisers, and legal counsel, to obtain advice specific to your situation. BlynkX AG does not provide tax or legal advice.

6.3 Suitability

Any information regarding investment strategies, approaches, or performance on this Website is provided for illustrative purposes only and should not be construed as an indication that such strategies or approaches are suitable for you.

 

7. Risk Warnings

7.1 Capital at Risk

All investments involve risk, including the possible loss of principal. The value of investments and the income derived from them can go down as well as up, and investors may not recover the amount originally invested. Past performance is not a reliable indicator of future results.

7.2 Specific Risk Factors

Investments in strategies pursued by BlynkX AG may involve significant risks, including but not limited to:

Market Risk: The value of investments may be affected by changes in market conditions, economic developments, political events, and investor sentiment.

Liquidity Risk: Certain investments, particularly early-stage and private investments, may be illiquid and difficult to sell at fair value or at all. Investors may be required to hold such investments for extended periods.

Concentration Risk: Portfolios may be concentrated in a limited number of investments, sectors, or geographies, which may increase volatility and the risk of loss.

Early-Stage Investment Risk: Investments in early-stage ventures carry heightened risk of total loss. Such companies may have limited operating histories, unproven business models, and may require additional capital that may not be available.

Currency Risk: Investments denominated in currencies other than an investor's base currency may be affected by exchange rate movements.

Counterparty Risk: The insolvency or default of counterparties, including custodians and brokers, may result in losses.

Regulatory Risk: Changes in laws, regulations, or government policies may adversely affect investment values or the ability to pursue certain strategies.

7.3 Not Exhaustive

The risk factors described above are not exhaustive. Prospective investors should carefully review all risk disclosures contained in the relevant offering documentation before making any investment decision.

8. Forward-Looking Statements

8.1 Nature of Forward-Looking Statements

This Website may contain forward-looking statements, including statements regarding expected performance, market outlook, investment opportunities, and business strategies. Such statements are based on current expectations, assumptions, and projections about future events and are subject to significant risks and uncertainties.

8.2 No Guarantee

Forward-looking statements are not guarantees of future performance or results. Actual outcomes may differ materially from those expressed or implied in any forward-looking statements due to various factors, many of which are beyond our control.

8.3 No Obligation to Update

BlynkX AG undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise, except as required by law.

9. Past Performance

9.1 No Guarantee of Future Results

Any performance information presented on this Website is historical and does not guarantee future results. Past performance is not a reliable indicator of future performance, and investors may not recover the amounts invested.

9.2 Performance Presentation

Where performance information is presented, it may be shown gross or net of fees and expenses. Different fee structures may materially impact net returns. Performance may be calculated using methodologies that differ from industry standards or from methodologies used by other managers.

9.3 Hypothetical and Simulated Performance

Any hypothetical, simulated, or back-tested performance results have inherent limitations. Such results do not represent actual trading and may not reflect the impact of material economic and market factors. Actual results may differ significantly from hypothetical results.

10. Third-Party Information

10.1 External Sources

This Website may contain information, data, or opinions obtained from third-party sources that we believe to be reliable. However, BlynkX AG has not independently verified such information and makes no representation or warranty as to its accuracy, completeness, or reliability.

10.2 Third-Party Links

This Website may contain links to third-party websites. Such links are provided for convenience only and do not constitute an endorsement, approval, or recommendation of the linked sites or their content. BlynkX AG is not responsible for the content, accuracy, or availability of any third-party websites.

10.3 Third-Party Trademarks

Any trademarks, service marks, or logos of third parties displayed on this Website are the property of their respective owners. Their use does not imply any affiliation with or endorsement by such third parties.

11. Intellectual Property

11.1 Ownership

All content on this Website, including text, graphics, logos, images, and software, is the property of BlynkX AG or its licensors and is protected by Swiss and international copyright, trademark, and other intellectual property laws.

11.2 Limited Licence

You may view, download, and print content from this Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

11.3 Restrictions

You may not use any content from this Website in any manner that infringes our intellectual property rights or that suggests any association with or endorsement by BlynkX AG without our prior written consent.

12. Limitation of Liability

12.1 No Warranty

This Website and its contents are provided "as is" and "as available" without any warranty of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, BlynkX AG disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

12.2 Exclusion of Liability

To the maximum extent permitted by Swiss law, BlynkX AG, its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to:

  • Your access to or use of (or inability to access or use) this Website

  • Any errors, inaccuracies, or omissions in the content

  • Any reliance placed on information contained on this Website

  • Any investment decisions made based on information on this Website

  • Any unauthorised access to or alteration of your data

  • Any interruption or cessation of Website availability

 

12.3 Maximum Liability

In any event, BlynkX AG's total liability arising from or related to your use of this Website shall not exceed CHF 250.

13. Confidentiality

13.1 Non-Confidential Communications

Unless otherwise agreed in writing, any information you transmit to us through this Website or by email shall be treated as non-confidential and non-proprietary. Do not send confidential or sensitive information through unsecured channels.

13.2 Our Confidentiality Obligations

Nothing in this Disclaimer affects any confidentiality obligations that may arise under a separate written agreement between you and BlynkX AG.

14. Amendments

BlynkX AG reserves the right to modify this Disclaimer at any time without prior notice. Changes will be effective immediately upon posting to this Website. Your continued use of the Website following any changes constitutes acceptance of the revised Disclaimer. We encourage you to review this Disclaimer periodically.

15. Governing Law and Jurisdiction

This Disclaimer and any disputes arising from or related to your use of this Website shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles. Any legal proceedings shall be brought exclusively in the courts of Zug, Switzerland, and you irrevocably consent to the jurisdiction of such courts.

16. Severability

If any provision of this Disclaimer is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Information

For questions regarding this Disclaimer or any regulatory matters, please contact:

BlynkX AG Ageristrasse 64 6300 Zug Switzerland

Email: info@blynkx-ag.com 

 

Website: www.blynkx-ag.com

bottom of page