Terms & Conditions

1. Object 

1.1 These T&Cs shall regulate the access to and use of (i) the website sandmark.com and any related subdomains (the “Website”), (ii) any mobile application(s) published by the Company (the “App”), and (iii) any content, information, features, tools, community areas, newsletters, resources or other services made available by the Company through the Website and/or the App (collectively, the “Services”). 

For clarity, the Services do not include third-party websites, apps, resources or services that may be linked to or accessible from the Services (“Third-Party Services”). Third-Party Services are governed by their own terms and privacy policies and we do not control them. 

By accessing or using the Services, whether as a viewer, a guest, or a registered user, you (“User”) are entering into a legal agreement with the Company and agree to the T&Cs detailed herein. If you use the Services on behalf of a legal entity, you represent and warrant that you have authority to bind that entity, and that entity will be the User/contracting party (the “Business User”). If you do not agree with any part of these T&Cs, you must immediately stop using the Services. 

Nothing in these T&Cs limits any mandatory rights you may have under applicable law (including consumer protection laws where applicable). 

1.2 The T&Cs apply each time a User uses the Services, including the Website or App. 

1.3 Additional documents, such as “Rules of Conduct,” “Codes of Ethics,” or similar policies, may be published through the Services. These documents, once made available, will be considered an integral part of these T&Cs. Users agree to adhere to their terms when accessing or using the Services. In case of conflict between these T&Cs and any additional document, these T&Cs shall prevail unless that additional document expressly states otherwise. 

1.4 The Services are intended for use by (a) individuals aged 18 or over (“Consumers” or “Authorized Users”) and (b) legal entities acting through their Authorized Users (“Business Users”) (together, the “Requirements”). Where a Business User accesses the Services, it is responsible for ensuring that each Authorized User meets the Requirements. 

You must not use the Services if doing so is prohibited by applicable law, including sanctions/export control laws or restrictions applicable in your jurisdiction. 

By using the Services, you represent and warrant that you meet the Requirements. The Company does not verify compliance and shall not be liable for false declarations by Users, subject to liability that cannot be excluded under applicable law. 

2. Definitions 

2.1 Unless otherwise indicated in these T&Cs, the following terms have the meanings set out below: 

• “Account” means an account registered with the Company by a User allowing access to certain features, including Paid Services where applicable.
• “App” means any mobile application(s) published by the Company.
• “Assets” means crypto-assets, tokens, digital assets and related markets/indices covered by the Services.
• “Authorized User” means an individual authorised by a Business User to access and use the Services on its behalf.
• “Business User” means any User that is a legal entity and/or any User accessing or using the Services in the course of a trade, business, craft or profession.
• “Company”, “we”, “us”, “our” has the meaning given in the header of these T&Cs.
• “Consumer” means an individual acting for purposes outside their trade, business, craft or profession.
• “Content” means any content made available through the Services, including text, data, market data, analytics, reports, graphics, audiovisual content, and other materials.
• “Credentials” means any username, password and other authentication means used to access an Account.
• “Effective Date” means the effective date of these T&Cs stated at the top of this document (as updated from time to time).
• “Fees” means the fees payable for Paid Services, as displayed at checkout for the selected Subscription Option.
• “Interactive Services” means message boards, chat rooms, forums, bulletin boards and other interactive features enabling User Contributions.
• “Paid Services” means any paid subscription, premium service, feature or content made available by the Company through the Services, including Sandmark Lab.
• “Privacy Policy” means the Company’s privacy policy accessible through the Services.
• “Promotion Terms” means supplemental terms and conditions applicable to promotions, trials, discounts, rewards or special offers offered from time to time, which form part of these T&Cs.
• “Risk Disclosure” means the risk disclosure document made available through the Services (as updated from time to time).
• “Sandmark Lab” means the Company’s premium service described in Section 4.
• “Services” has the meaning given in Section 1.1.
• “Software” means all software, code, algorithms, models, databases and documentation used in or made available through the Services (including in Source Code or object code).
• “Software Aid” means any automated means or tool (including robots, bots, spiders, scrapers, scripts or similar) used to access or interact with the Services other than normal browser use.
• “Source Code” means software code in human-readable form, including annotations and programmer notes.
• “Subscription” means the purchase of a Subscription Option for Paid Services through the checkout/subscription procedure.
• “Subscription Options” means the subscription plans/offers made available at checkout (including term, pricing, renewal and trial terms).
• “T&Cs” means these Terms & Conditions together with any documents expressly incorporated by reference (including the Privacy Policy, Promotion Terms and the Risk Disclosure).
• “Third-Party Services” means third-party websites, apps, resources or services linked to or accessible from the Services, which are not controlled by the Company.
• “User”, “you”, “your” means any individual or legal entity accessing or using the Services (and includes Authorized Users where applicable).
• “User Contributions” means content or materials posted, submitted, published, displayed or transmitted by Users through Interactive Services.
• “Website” means the website sandmark.com and any related subdomains operated by the Company. 

3. Disclaimers 

3.1 The Company operates as a media platform that provides information on various topics, including insights on the global crypto market.  

All content is provided for general information purposes only. 

3.2 The Services are provided to You on an “as is” and “as available” basis, without guarantees or warranties of any kind, whether express or implied. This includes, but is not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Users are responsible for independently determining whether the Services meet their specific requirements. Nothing in these T&Cs excludes or limits liability that cannot be excluded or limited under applicable law (including, where applicable, liability for intent, gross negligence where non-excludable, fraud/fraudulent misrepresentation, or death/personal injury caused by negligence). 
By accepting these T&Cs You acknowledge that you have read and understood the Risk Disclosure which forms part of these T&Cs. 

3.3 The Company clarifies that the Services, both the publicly accessible Services and the Services in the reserved areas and accessible through usernames and passwords (“Credentials”), are not intended to constitute financial and/or investment services and/or any other service whose presentation to the market is reserved to financial or investment firms. In particular, the Company shall not (i) require, foster, stimulate or accept the transmission, under any form, of investment orders in relation to one or more investment or financial instruments, (ii) manage any investments portfolio after mandates directly or indirectly given by Users, (iii) provide personalized investment advice or personalized recommendation. The Company shall not operate as financial intermediary or advisor to financial investments. 

3.4 The Users, by accepting the T&Cs, expressly declare to understand and accept that that Services offered by the Company do not constitute financial and/or investment services as clarified in the previous paragraph. Reports, communications, alerts and any other deliverable that the Company will publish, send to or share with the Users are not meant to give the Users any investment reference, advice, suggestion or recommendation. 

3.5 With the exclusion of the services available to Users who have access to the reserved areas of the Website or App after Subscription, the Services are free of charge. 

3.6 These services are meant for education and entertainment and are therefore  not subject to the supervision of (or protection afforded by) any financial services regulatory, monitoring or controlling authority. 

3.7 The Services are provided for general informational purposes and may be used by Consumers and Business Users. The Services do not take into account any User’s personal or business circumstances and do not constitute personalized advice. The User is solely responsible for verifying the information as being accurate and appropriate for his personal use. The Company makes no guarantee as to the quality, accuracy or completeness of the information provided and shall not be held responsible or liable for any errors or omissions in the information, or for any losses or liabilities arising out of the User’s reliance on the information. The use of the information available or delivered through the Services, both publicly accessible and reserved under insertion of Credentials, is entirely at the User’s care, risk and expenses. 

3.8 The Services may help the User evaluates certain information about crypto-assets and related markets, but they do not include all factors needed to make an investment or trading decision. Such decisions should reflect the User’s personal goals, financial situation, and risk tolerance. Before investing, review all issuer disclosures and consider market and asset volatility risks. The Services may provide asset names with links to additional data, such as price, performance, and financial ratios. This information relies on third-party sources, and we do not guarantee its accuracy, timeliness, or suitability. Data may be updated or revised without notice. We do not recommend or endorse any specific investment. The User is solely responsible for determining whether an investment aligns with his objectives and circumstances. 

3.9 The User acknowledges that no financial or investment advice is provided through the Services or related media, and that the information made available is for general informational purposes only. The user understands that the Services do not replace advice from qualified professionals familiar with their individual circumstances and agrees to consult their accountant, tax advisor, broker, or financial advisor as necessary. The User further acknowledges that all content is provided “as is” and that the Services are intended solely as one source of information among many, not as the sole basis for any decision. The user agrees to conduct their own due diligence and exercise independent judgment when making decisions based on any information, analysis, or reports derived from the Services. 

3.10  The User agrees that the username selected must not be offensive or illegal. The Company reserves the right to edit a User’s username at any time if, at the Company’s sole discretion, the username is offensive or illegal. 

3.11 The Company’s Services may contain links to third-party websites or mobile applications. The Website and the App may also contain advertisements to third party websites and services operated by third parties other than the Company. Such advertisements may include, without limitation, ad banners, webinars, offers to register to third party services, “trade now” buttons, directories, sponsored articles, press releases, or such other hyperlinks throughout the Site, and may also include email communications including third party offers. The Company does not control or endorse these services and is not responsible for their contents. The presence of advertisements, “trade now” buttons or Third-Party Services does not imply endorsement and does not constitute a recommendation. 

3.12 All content and information of the Services are meant to be communicated as of the date when they are published or of the date indicated on the materials and may be superseded by subsequent market events or other reasons and should not be relied on as current and up to date when being utilized. The Company makes no guarantee that all information provided is up to date and shall not be held responsible or liable for any losses arising out of reliance on the materials as up to date. 

3.13 The User acknowledges that Sandmark may use artificial intelligence, together with human review, to develop or enhance content in connection with the Services. By using the Services, the user understands that certain content may be partially or fully generated by AI. 

The user further acknowledges that AI-driven features of the Services including, without limitation, chatbot and search functionalities may produce incomplete or inaccurate results and should not be relied upon as definitive or error-free. We do not guarantee that AI outputs are accurate, complete, current or fit for any purpose. 

4. Sandmark Lab /Paid Services (Subscription) 

4.1 Overview. Sandmark Lab is a premium part of the Services that provides access to enhanced features, content and data (the “Paid Services”). Access requires registration of an Account and payment of the applicable fees (the “Fees”) as displayed during the subscription checkout (the “Subscription Options”). Sandmark Lab is provided for general information purposes only and does not constitute financial, investment, tax, legal or other professional advice. 

4.2 No personalised advice. Any personalisation within Sandmark Lab (if any) is limited to user-selected preferences (e.g., topics, watchlists, display settings) and does not involve assessing your financial situation, objectives or risk profile and is not intended to be, and shall not be construed as, personalised investment advice or a personalised recommendation. 

4.3 Contracting and checkout terms. By completing a subscription checkout, you submit an offer to purchase the selected Subscription Option. The subscription becomes effective once we confirm activation (including by granting access). In case of conflict between these T&Cs and the checkout/subscription page, the checkout/subscription page prevails only with respect to pricing, billing frequency, renewal mechanics, trial conditions and payment-specific terms; these T&Cs prevail for all other matters. 

4.4 Billing, renewal and price changes. 

(a) Auto-renewal. Unless stated otherwise at checkout, subscriptions renew automatically for successive periods of the same duration until cancelled. 

(b) Cancellation. You may cancel auto-renewal at any time via your Account settings (if available) or by contacting us. Cancellation takes effect at the end of the then-current billing period. No partial-period refunds apply unless required by mandatory law. 

(c) Price changes. We may change Fees for future periods by giving reasonable prior notice to registered Users (e.g., email and/or in-app notice). If you do not agree, you may cancel before the new Fees apply. Where mandatory consumer law requires specific notice periods or rights, those rights apply. 

4.5 Trials and promotions. If a free trial or promotional pricing is offered, the applicable conditions (trial duration, eligibility, conversion to paid, etc.) will be shown at checkout and/or in the Promotion Terms. Unless you cancel before the trial ends, you authorise us to charge the Fees for the selected Subscription Option at the end of the trial. 

4.6 Fees, taxes and payment processing. Fees are payable in advance (unless stated otherwise). Fees may be exclusive of applicable taxes (VAT/sales taxes) which will be displayed where required. We may use third-party payment processors. You must provide accurate billing information and keep it up to date. If payment fails, we may suspend access to Paid Services until payment is successfully processed. 

4.7 Refunds; withdrawal rights (Consumers). Except where required by applicable mandatory law, Fees are non-refundable. If you are a Consumer and mandatory withdrawal/cancellation rights apply (e.g., for digital content/digital services), those rights are not affected. Where legally required, you may be asked at checkout to consent to immediate performance and acknowledge that you may lose an applicable withdrawal right once performance begins. 

4.8 Accounts, Credentials and security. You must keep your Credentials confidential and must not share them with others. You are responsible for all activity carried out through your Account. You must promptly notify us of any unauthorised access or security breach. We are not liable for losses arising from your failure to safeguard Credentials, except to the extent liability cannot be excluded under mandatory law. 

4.9 Business Users; seats and Authorized Users. If you are a Business User, you may allow access to the Paid Services only to your Authorized Users up to any seat limits or usage restrictions set out in the Subscription Options or agreed in writing. You remain responsible for the acts and omissions of your Authorized Users. You must ensure each Authorized User meets any eligibility requirements stated in these T&Cs. 

4.10 Suspension and termination. We may suspend or terminate access to Paid Services (or your Account) where reasonably necessary to: (i) enforce these T&Cs, (ii) comply with law or authority requests, (iii) protect the security or integrity of the Services, or (iv) prevent fraud or misuse. Where practicable, we will provide notice and reasons. Upon termination, your right to access Paid Services ends immediately (or at the end of the paid period if terminated for convenience), and you must stop using any Paid Services content beyond the scope permitted by these T&Cs. 

4.11 Market data; third-party sources; no real-time guarantee. The Services may include market data sourced from third parties (including exchanges and data providers). We do not guarantee real-time delivery, accuracy, completeness or uninterrupted availability of such data, and data may be delayed, corrected or withdrawn without notice. We do not endorse or verify third-party data, and you remain solely responsible for how you interpret or use such information. 

4.12 Changes to Paid Services. We may modify, update, add or remove features of the Paid Services from time to time for operational, security, legal or product reasons. If a change materially reduces core Paid Services for which you have paid, we will provide reasonable notice and, where required by mandatory law, an appropriate remedy (e.g., pro-rated refund or termination right). 

5. Responsibilities and Limitation of Liability 

5.1 Compliance and acceptable use. You must use the Services in accordance with these T&Cs and applicable laws and regulations. You must not misuse the Services, including by attempting to gain unauthorised access, interfering with security measures, or using the Services in a manner that disrupts availability for other Users. 

5.2 Prohibited conduct. Without limitation, you must not: 

(a) post or transmit unlawful, defamatory, abusive, hateful, discriminatory, obscene or otherwise objectionable content; 

(b) impersonate others or misrepresent affiliation; 

(c) use the Services to commit or attempt fraud, scams or other illegal activity; 

(d) share Credentials or access another User’s Account without authorisation; 

(e) use automated means (bots/scrapers/scripts) in breach of these T&Cs, including any scraping or data extraction at scale; 

(f) reverse engineer, decompile or attempt to derive source code except to the extent permitted by applicable mandatory law; 

(g) redistribute, resell, sublicense, publish or make available Paid Services content or data to third parties unless expressly permitted in writing. 

5.3 Enforcement. We may investigate suspected breaches and may suspend or terminate access to the Services and/or an Account in accordance with Section 4.10 and other applicable provisions of these T&Cs. 

5.4 Indemnity (Business Users). If you are a Business User, you shall indemnify and hold harmless the Company, its affiliates, licensors and service providers and their respective officers, directors, employees and agents from and against losses, liabilities, damages, claims, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these T&Cs, (ii) unlawful use of the Services, or (iii) your User Contributions and content (if any). If you are a Consumer, this indemnity applies only to the extent permitted by mandatory law. 

5.5 Disclaimer of warranties. To the fullest extent permitted by applicable law, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. You are responsible for determining whether the Services meet your requirements. 

5.6 Limitation of liability. To the fullest extent permitted by applicable law: 

(a) We will not be liable for indirect, incidental, special, punitive or consequential damages, or loss of profits, revenue, goodwill, data or business opportunities. 

(b) Business Users — liability cap. If you are a Business User, our total aggregate liability arising out of or in connection with the Services shall not exceed the total Fees paid by you for the Paid Services in the 12 months preceding the event giving rise to the claim. 

(c) Consumers — mandatory rights. If you are a Consumer, nothing in these T&Cs excludes or limits liability where doing so would be unlawful under applicable mandatory consumer protection law. 

5.7 Non-excludable liability. Nothing in these T&Cs excludes or limits liability that cannot be excluded under applicable law, including (where applicable) liability for fraud or fraudulent misrepresentation, or for death/personal injury caused by negligence. 

5.8 Time limits for claims. Claims must be brought within the time limits permitted by applicable law. 

6. Access to the Services 

6.1 The User shall make all the necessary arrangements to have access to the Website or App. The acquisition, supply and maintenance of the technological devices, telecommunications networks and internet access services and all other consents and permissions that are necessary to get access to the Website and App and to use the Services are under the whole responsibility of the User. The Company shall not be liable for any technical failure in relation to the internet and mobile carriers or any third-party services or any other technical infrastructure from third parties that may affect or interfere in the User’s experience of the Services. 

6.2 The Company reserves the faculty to release new versions of the Website and App, including modifications in software, texts and any other content, the presentation of the information, the graphic interface. If such modifications require adjourned versions of the User’s technological devices, telecommunications networks and internet access services, the User shall take all the necessary initiatives to adjourn them. 

7. Changes of the T&Cs 

7.1 Changes. The Company may update these T&Cs from time to time (“Changes”). Changes will be published with the updated Effective Date. For material Changes, we will use reasonable efforts to notify registered Users in advance (e.g., via email and/or notice within the Services). Continued use after the Effective Date constitutes acceptance. If you do not agree, you must stop using the Services. 
If you have Paid Services and a Change materially adversely affects you, you may terminate the subscription effective from the Effective Date; where required by mandatory law, a pro-rated refund for the unused period will be provided. 

8. Promotions and Marketing 

8.1 From time to time, the Company may offer promotions and rewards which may be offered to specific Users, at our discretion. 

8.2 Each promotion may be governed by its own set of rules and Promotion Terms, which form part of these Terms.  The User must ensure to read and understand such rules and Promotion Terms before participating. 

8.3 The Company reserves the right to review transaction records and logs where reasonably necessary to administer promotions, prevent fraud or misuse, ensure compliance with these T&Cs and/or Promotion Terms, and comply with applicable law. If, following such review, the Company reasonably determines that a User has engaged in fraudulent, deceptive, unlawful or abusive conduct, including attempting to manipulate, circumvent or violate the Promotion Terms, the Company may revoke that User’s entitlement to any Rewards (including any referral promotion) and may suspend or terminate the User’s access to the Services in accordance with these T&Cs. 

8.4 The Company reserves the right to change the specific terms and conditions of the offers and Promotion Terms at any time. It is each User’s responsibility to periodically check for changes and updates in the FAQ, on our Website or App. 

9. Intellectual Property Rights 

9.1 The Company is the only entity entitled to all the intellectual property rights connected to the Services. All such IPRs are reserved for the Company and are protected all around the world by Intellectual Property Right laws and regulations, whether registered or not. 

9.2 The User is not allowed to, and must not, modify anyhow the contents of the Website and App and of any paper or digital copies of such content without prior express written authorization from the Company. 

9.3 The User must not reproduce, distribute, modify, create derivative works of publicly display, perform, republish, download, store, or transmit any of the contents of the Website or the App, except as follows: 

• User’s devices may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
• The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
• The User may print off one copy, and may download extracts, of any page(s) from the Company’s Website or App for personal use and for no other purpose.
• If the Company provides desktop, mobile, or other applications for download, the User may download a single copy to his device solely for his own personal, non-commercial use, provided the User agrees to be bound by our end user license agreement for such applications.
• If the Company provides social media features with certain contents, the User may take such actions as are enabled by such features. 

9.4 In case of violations of the provisions set forth in the previous paragraphs the User shall be immediately prevented from further use of the Company’s Services and shall return to the Company or destroy any copies of the materials. 

9.5 Licence. Subject to these T&Cs, the Company grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for your internal purposes during the subscription term (if any). 

9.6 Market data restrictions. You must not redistribute, resell, sublicense, publish, make available, or otherwise commercialise any data/content obtained through the Services, nor create derivative datasets for third parties, except where expressly permitted in writing by the Company. 

10. Prohibition of text or data mining and web scraping 

10.1 The User shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Company’s Services for any purpose, including the development, training, fine-tuning or validation of AI systems or models without prior express written authorization from the Company. This includes using (or permitting, authorizing or attempting the use of): 

• any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or App or any data, content, information or services accessed via the same;
• any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which include but are not limited to patterns, trends and correlations. 

This clause does not prohibit normal browsing and accessibility tools. Any security testing requires prior written consent. 

10.2 The provisions in this clause shall be treated as an express reservation of the Company’s rights in this regard according to the relevant applicable law and regulations on intellectual property rights, antitrust conduct, Data Protection and AI systems. 

11. User Contributions 

11.1 The Website or App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or App. All User Contributions must comply with the following Content Standards: 

• the Users warrant that any such contribution complies with those standards and shall be liable to us and indemnify us for any breach of that warranty. As a consequence, the Users will be responsible for any loss or damage we suffer as a result of similar breaches of warranty. The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by the Users or any other user of the Website or App;
• any User Contribution posted to the Website or the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or the mobile application, the Users release a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to the Account settings to the Company and the Company’s affiliates and service providers, and each of their and our respective licensees, successors, and assignees;
• The User acknowledges that any content or communications transmitted to the Company including, without limitation, feedback, data, questions, comments, or suggestions, in any form or medium, submitted via email, through the Services, or otherwise (excluding any Personally Data, collectively, “Submissions”) — shall be treated as non-confidential and non-proprietary;
• the Company has the right to remove any posting of the Users on the Website and App if, in our opinion, the post does not comply with the content standards set out below. 

11.2 The Website and App may include information and materials uploaded by other Users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website or App do not represent our views or values. 

11.3 User Contributions must in their entirety comply with all applicable laws and regulations in any relevant jurisdiction. Without limiting the foregoing, User Contributions must not: 

• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• violate rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these T&Cs and our Privacy Policy;
• be likely to deceive any person;
• promote any illegal activity, or advocate, promote, or assist any unlawful act;
• impersonate any person or misrepresent Your identity or affiliation with any person or organization;
• involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
• give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

12. Operability of the Services 

12.1 The Company shall maintain the quality and operability of the Services. With or without notice to the Users and at its sole discretion, the Company may (i) modify, suspend or terminate Users’ access to the Services and (ii) interrupt the operation of the Services as necessary to perform maintenance, error correction, or other work, whether on a routine or emergency basis. 

12.2 Automated access. You must not use any automated means (including bots, scrapers, scripts or other “Software Aid”) to access or interact with the Services in a manner that violates these T&Cs, circumvents security/access controls, imposes an unreasonable load, or extracts data at scale. This does not prohibit normal use of standard browsers, accessibility tools (e.g., screen readers), password managers, or legitimate security software.13.3 Without prejudice to any other provision of these T&C, in relation to the Website, the App or the Services in general, the following conducts are prohibited: 

• to use any tools that may adversely affect the operation of the Website, App or Services or that would be intended to take advantage of errors, bugs or other deficiencies of the Website, the App or the Services;
• to reverse-engineer, decompile, disassemble or otherwise modify the Website, App or Services;
• to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast the contents of the Services otherwise than as permitted;
• to use automated means to view, display or collect information available through the Website, App or Services; 

13. Governing Law and Jurisdiction 

13.1 The interpretation and application of these T&Cs shall be governed by and construed in accordance with the laws of Switzerland. 

13.2 The courts of Geneva, Switzerland shall have exclusive jurisdiction. However, if you are a Consumer and mandatory consumer protection laws grant you the right to bring proceedings in the courts of your domicile/habitual residence (including in the EU/EEA or the UK), this clause does not limit that right. 

14. Privacy 

14.1 Any personal information shared by the Users to the Company or which the Company has acquired in any other way shall be treated, processed and stored by the Company or under its responsibility in accordance with our Privacy Policy (https://www.sandmark.com/privacy-policy) and with the applicable mandatory legislation on Data Protection. 

14.2 The Company may take proportionate steps to verify identity and prevent fraud or misuse, including through third-party service providers, in accordance with the Privacy Policy and applicable data protection law. 

15. General provisions 

15.1 The T&Cs and all other documents referenced constitute the sole and entire agreement between You and the Company regarding the Website or App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or App. For the avoidance of doubt, if You subscribe for Paid Services, you will also be bound by a separate agreement in addition to these T&Cs. 

15.2 If any of the provisions of these T&Cs is or becomes ineffective, other provisions of these T&Cs shall remain in effect. The parties undertake to supersede the ineffective provision of the T&Cs by construing it in a manner to reflect, as nearly as possible, the original intention of the parties or by substituting it with another effective provision which shall correspond to the content and sense of the original ineffective provision, and the remaining portions shall remain in full force and effect. 

15.3 Force majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, technological or energetic blackouts, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

15.4 These T&Cs, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred to third parties without the Company's prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void and ineffective.  

16. Contact 

If you have any questions or concerns about these T&Cs, please use the following contact details: info@sandmark.com. We may update these details from time to time and our current details will be set out on our Website and App.