Terms of Use

Latest update: 08 May 2023

Welcome to yeekatee, the premier online community for investors and financial enthusiasts of all experience levels. Our mission is to empower individuals, whether new to investing or seasoned traders, by connecting them with a diverse community of like-minded investors, fostering collaboration, and providing a platform to share knowledge, experiences, and ideas. By using our platform, you agree to the following Terms of Use (“Terms”), which govern your access to and use of our mobile application, website www.yeekatee.com, and any other services we provide (collectively, “Services”).

Please read these Terms carefully, as they constitute a legally binding contractual agreement between you and yeekatee AG (“yeekatee”, “we”, “us”, or “our”), registered at Wiesenstrasse 10a, 8952 Schlieren, Switzerland. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy here, which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, please refrain from using our Services.

In these Terms, “you” or “your” means the person accepting these Terms. These Terms apply to all registered users of our Services and visitors to the website. We reserve the right to modify or update these Terms at any time, and we will notify you of any changes by posting the revised Terms on our platform. Your continued use of the Services following any modifications constitutes your acceptance of the updated terms.

1. Users and Accounts

a) The Services are available for individuals aged 16 years or older and capable of forming a binding contract with yeekatee and not otherwise barred from using the Services under applicable law.

b) In order to access and use the Services, you must register with us and create a user profile. If you wish to register other than using a social media service (e.g., “Sign up with Google” or “Sign up with Apple”), during the registration process, we will ask you to provide a valid email address and choose a password. Creating your user profile will require you to choose a yeekatee username (“username”) and an alias (optionally your name). Each username can be used by only one user. You are solely responsible for the confidentiality of your username and password, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a password or username at the email address stated in Section 12 and Section 18. yeekatee will not be liable for any loss or damage caused by any unauthorized use of your account.

c) yeekatee will, upon completion of registration and user profile, provide a private user account (“Account”) to you. You agree to receive all required notices affecting your account per email. It is your responsibility to update or change that email address as appropriate.

d) Without limitation to Section 12 (Termination), in case of any misappropriation or misuse of the Account or the User’s username or password, yeekatee reserves the right to suspend or terminate the Account temporarily or permanently, as necessary and determined at yeekatee’s discretion.

We make no attempt to confirm and do not confirm your or any user’s identity.

2. Access to the Services

Subject to your compliance with these Terms, yeekatee grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and the Content for your own personal, non-commercial use. This license does not include any collection, aggregation, copying, duplication, scraping, display, or derivative use of the Service nor any use of data mining, crawlers, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by yeekatee in writing. A limited exception is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service.

Except as expressly permitted in these Terms, you may not:

a) use the Services for any purpose other than to access the Services as offered by yeekatee;

b) use the Services if and to the extent this is illegal or for any illegal purpose under the jurisdiction you are subject to;

c) use the Services in any manner that could damage, disable, overburden, or impair the Services or website;

d) bypass, disable, or otherwise interfere with security-related features of the Services or features that prevent, limit, or restrict access to the Services;

e) delete or modify notices regarding copyright or other proprietary rights on any of the Content or Services;

f) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code in any of the Content or Services; nor

g) interfere with or damage the operation of the Services, any User’s enjoyment of them by any means, including uploading or otherwise disseminating viruses, spyware, worms, or other malicious code.

3. Linking bank or broker accounts

In order to use certain features of the Services, including aggregating your investment data and sharing investment data, you may optionally link an active bank or broker account to our Services.

By choosing to link a bank or broker account to the Services, you represent and warrant that you have the legal right and the necessary consents, including from other joint account holders if applicable, to access, share and use the information associated with the linked account. You acknowledge and agree that:

a) the provision of such services and the access to your linked accounts are subject to separate agreements between you and the respective third-party bank, broker, or financial institution (“Third-Party Account Provider”);

b) yeekatee is not responsible for, and shall under no circumstances be held liable for, any actions, inactions, liabilities, fees, losses, damages, or expenses arising from or related to the use of any linked account or the services provided by any Third-Party Account Provider;

c) you are solely responsible for understanding and complying with the terms and conditions, privacy policies, and any other agreements that apply to your relationship with the Third-Party Account Provider. It is your responsibility to ensure that linking your bank or broker account to the Services complies with any and all applicable agreements with your Third-Party Account Provider and the applicable law.

d) without limitation to Section 6 (Investment information and investment products), Section 9 (Limitation of liability), and Section 11 (Third-Party Services, websites or resources), yeekatee does not endorse or guarantee the products, services, or information provided by any Third-Party Account Provider, nor is yeekatee responsible for the accuracy, completeness, or reliability of the information extracted from the Third-Party Account Provider. Your use of any linked account or services provided by a Third-Party Account Provider is at your own risk, and you assume all liabilities that may arise from such use.

e) without limitation to Section 12 (Termination), yeekatee reserves the right to discontinue, modify, or restrict access to any linked account or the services provided by any Third-Party Account Provider at any time, without notice or liability to you.

f) yeekatee shall not be a party to any disputes, controversies, or claims that may arise between you and any Third-Party Account Provider.

Extracted Investment Data will be processed and seen by other users as outlined in the Privacy Policy here. Please note that yeekatee cannot control how other users will use this data. Therefore, if you would like to keep your Investment Data confidential, do not link any Third-Party accounts to our Services.

4. User Content

Our Services enable you to save or share various types of content, including text (in posts or communications with others), graphics, images, audio, and video. Any content you post or make accessible through the Services, including information related to investments and transactions, is referred to as “User Content”. yeekatee does not assert any ownership rights over your User Content, and these Terms do not impose any limitations on the rights you hold with respect to your User Content.

We reserve the right, at all times and in our sole discretion, to disclose any User Content and other related information for any reason, including without limitation:

a) to satisfy any applicable law, regulation, legal process, or governmental requests;

b) to enforce these Terms;

c) to protect yeekatees’ legal rights and remedies;

d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or

e) to report a crime or other offensive behavior.

4.1 Permissions to your User Content

By making any User Content available through the Services, you hereby grant us a non-exclusive, transferable, global, perpetual, unrestricted, fully-paid and royalty-free license, with the right to grant sublicenses, to use, copy, publicly display, compile, combine with other content, modify (solely to conform such User Content to the technical requirements of the Services), and publicly perform all User Content you provide to us in any media now known or hereafter devised solely in connection with providing the Services, and the right, but not the obligation, to reproduce and use any such User Content, including, without limitation, your name or alias, image, likeness, avatar, and yeekatee username to advertise and promote the Services and/or yeekatee. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name or alias, image, likeness, avatar, and username permitted by the foregoing rights and licenses may include the display of such materials adjacent to advertising and other material or content, including for profit. yeekatee accepts such a license grant.

4.2 Your Responsibility for User Content

You are solely responsible for the User Content and represent and warrant that:

a) you have (and will have) all rights, title, and interest in your User Content required for the contribution and further use of the Services and required to grant the license as specified under Section 4.1 (Permissions to your User Content);

b) the User Content is compliant with yeekatee Community Guidelines outlined in Section 5.

The provisions outlined in Section 9 (Indemnification) outline your obligations to indemnify and hold harmless yeekatee and its affiliates from any claims, liabilities, or expenses arising from your User Content.

We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, in particular the Community Guidelines outlined in Section 5, and to comply with applicable laws. We reserve the right but are not obligated, to remove or disable access to any content, including User Content, and to suspend your account at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms.

4.3 Your Responsibility for User Content

You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

4.4 Confidentiality of User Content

All User Content that you post or share with other users through the Services will be seen and may be used by other users, and yeekatee cannot control how other users will use such User Content. Therefore, if you have any information that you like to keep confidential that you do not want others to use, do not post it anywhere on or through the Services.

yeekatee is not responsible for any user’s misuse or misappropriation of any idea, content, or information that you post on or through the Services.

5. Community Guidelines

yeekatee’s mission is to provide a safe, inclusive, and supportive platform where users can share their investment experiences, strategies, and ideas. To maintain a positive environment for all users, we have established the following community guidelines. By using our Services, you agree to follow and respect these rules and guidelines (collectively, the “Community Guidelines”):

a) You must maintain a respectful and civil tone in your interaction with others. Personal attacks, insults, or harassment are not tolerated. Encourage healthy discussions and debate while respecting differing opinions;

b) You will not use the Services for any unlawful purpose, and you will comply with all applicable laws, rules, and regulations with your use of the Services;

c) Your User Content does not violate any third-party rights, including without limitation personality rights, name rights, trade secrets and intellectual property rights, data privacy, trademarks, patents, designs, copyright, and know-how;

d) By sharing other individuals’ personal data, you confirm having their consent and that the data is accurate. You also agree to inform them about yeekatee’s Privacy Policy here;

e) the User Content is not obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, invasive of another’s privacy, promoting violence or any other illegal activities, violating a law or generally accepted rules;

f) You will not impersonate any person or entity, including without limitation yeekatee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

g) You will not submit false or misleading information (including, without limitation, in connection with a “pump and dump” scam, insider trading information, or other forms of investment fraud) or “Material non-public information” as defined by applicable laws;

h) Other than making investments for your own personal use and gain, you will not use the Services to engage in any commercial activities, including, without limitation, raising money, advertising or promoting a product, service, or company, or engaging in any pyramid or other multi-tiered marketing scheme;

i) You will not access or use the Services to collect any market research for a competing business;

j) You will not encourage or enable any other individual to do any of the foregoing.

You are encouraged to report any User Content or behaviour that violates these Community Guidelines using the Services report abuse feature.

6. Investment information and investment products

The Services, which encompass financial data, investment product information, User Content, advertisements, third-party content, and user investment data (collectively referred to as “Investment Information”), are solely for informational and entertainment purposes. yeekatee does not guarantee or warrant the accuracy, timeliness, reliability, or completeness of this Investment Information.

yeekatee is neither licensed by the Swiss Financial Market Supervisory Authority FINMA nor any other financial supervisory authority nor subject to any other (prudential) supervision.

Any Investment Information provided through the Services is intended for informational and entertainment purposes only and should not be construed as an investment recommendation, an offer, a solicitation to buy/sell financial instruments or products, tax advice, or a commitment to enter into any legal agreement with yeekatee. Moreover, neither the Investment Information nor the Services qualify as a financial service (or a related offer) under any applicable financial market laws or regulations. Specifically, yeekatee does not provide personalized recommendations regarding financial transactions (investment advice). Simultaneously, Investment Information from Third Parties and User Content shared through the Service should not be considered investment advice either.

The Investment Information provided through the Services is not tailored toward your financial situation, investment objectives, or any specific needs. You remain responsible for obtaining sufficient information about specific investments. In particular, you should not make any (investment) decision solely on the basis of the Investment Information made available through the Services.

Investments inherently involve speculation and can lead to both losses and gains. Past performance cannot guarantee future results. Investments in foreign currencies and cryptocurrencies may be subject to currency fluctuations, resulting in higher risks. Furthermore, be aware that some investments discussed in content published through the Services may have low market capitalization, limited public float, or exposure to market volatility, interest rate fluctuations, political instability, or regulatory changes. Additionally, certain investment types, sectors, or technologies may carry unique risks specific to those investments. You acknowledge and accept these risks and any other inherent risks associated with investments.

The Services and User Content may include projections, statements, or advertisements related to the future development of Investments. You acknowledge that various risks, uncertainties, and other factors may cause actual developments and results to differ significantly from those statements. yeekatee is under no obligation to monitor, update, or modify any such statements, whether due to new information, future events, or otherwise, and does not guarantee or represent the accuracy, timeliness, reliability, or completeness of these statements.

yeekatee does not guarantee or warrant that investment products are authorized for sale, distribution, or offering to you (or specific investor types) under applicable law. Investment Information shared through the Services may be subject to change, amendment, or adaptation at any time. Consequently, users should not assume that circumstances have remained unchanged since the initial publication or notification to the supervisory authority, nor should they regard the Investment Information as current or up to date since its publication.

The Services do not constitute advertising for financial products within the meaning of the Swiss Financial Services Act and/or the Swiss Collective Investment Schemes Act or any other applicable financial market laws or regulations.

7. Intellectual property and feedback

yeekatee and its licensors retain sole ownership of all rights, titles, and interests pertaining to the Services, including any intellectual property rights associated therewith. You recognize that the Services are safeguarded by copyright, trademark, and other applicable laws in Switzerland and other countries. You commit to not modifying, removing, or concealing any copyright, trademark, service mark, or other proprietary rights notices that are integrated within or accompanying the Services.

We appreciate your feedback, comments, and suggestions for enhancing our Services (“Feedback”). By submitting any Feedback, you grant us a non-exclusive, transferable, global, perpetual, irrevocable, fully paid, royalty-free license, including the right to sublicense, under any intellectual property rights you own or control, to utilize, reproduce, modify, develop derivative works from, and exploit the Feedback for any purpose.

8. Service limitations and no warranty

The Services are provided “as is” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, any warranties arising from investment decisions, and any warranties arising out of linking a bank or broker account to the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.

The Services may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, technical, or pricing errors listed therein. The Services may contain Investment Information on investments that are not available in every location or for every investor type. A reference to an investment on the Services does not imply that such investment is or will be available when you would like to pursue it. We reserve the right to make changes, corrections, and/or improvements to the Services at any time without notice.

You are solely responsible for your investment decisions as outlined in Section 6 (Investment Information and investment products), and we explicitly disclaim any implied warranties.

9. Limitation of liability

To the fullest extent allowed by applicable law, yeekatee (including, without limitation, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, service providers, or licensors) shall not be held liable for any incidental, special, exemplary, or consequential damages, or damages resulting from lost profits, lost revenues, lost savings, lost business opportunities, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services arising from or in connection with these Terms or the use of or inability to use the Services. This applies whether the damages are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and regardless of whether yeekatee or its service providers have been informed of the possibility of such damages. This remains true even if a limited remedy set forth herein is found to have failed its essential purpose.

yeekatees (including without limitation its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, service providers, or licensors) aggregated liability for direct damages for all claims shall be limited to CHF 100.

The aforementioned limitations and exclusions of liability shall not apply in the event of

a) death or personal injury;

b) wilful intent or gross negligence;

c) where otherwise required by mandatory law.

10. Indemnification

You shall fully indemnify, defend and hold harmless yeekatee (including without limitation its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, service providers, or licensors) from and against all damages, losses, expenses, or other costs incurred (including reasonable attorney fees) arising out of any claims or threatened claims by third parties arising out of or in a way connected with:

a) your access to or use of the Services b) your User Content c) your violation of these Terms.

We will notify you of any claim, dispute, or demand that arises. We reserve the right, at your expense, to assume sole responsibility for the defense and control of any claim, dispute, or demand subject to indemnification under this Section. In such instances, you agree to provide reasonable assistance and cooperation in support of our defense efforts.

11.Third-Party Services, websites, or resources

yeekatee may provide links or access to other websites, products, offers, services, advertising, or other resources provided by third-party service providers (“Third-Party Services”) when you visit our website or use the Services. This includes but is not limited to Third-Party Account providers, as outlined in Section 3. Third-Party Services may have their own terms and privacy policy or no terms or privacy policy at all.

Third-Party Services are not reviewed, controlled, examined, sponsored, or endorsed by yeekatee and we are not responsible for the information, websites, products, services, advertising, or other resources of any Third-Party Services or any link contained in Third-Party Services. Third-Party Service providers are exclusively responsible for complying with any laws or regulations applicable to their services provided and products offered.

Aside from linking Third-Party Services to our platform, we do not offer any supplementary services on behalf of you concerning Third-Party Services. Specifically, we do not execute any order transmissions of any kind related to investments. The decision to offer Third-Party Services to you rests solely with the respective Third-Party Service provider and not with yeekatee.

yeekatee does not make any representations or warranties regarding Third-Party Services and assumes no liability for such services, even when used in conjunction with our Services.

12. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may terminate your account at any time via the Services interface or by writing an email to the email address provided in Section 18. Upon any termination of the Services or your account:

a) You shall cease the use of the Services immediately; b) Any licenses granted by yeekatee to you shall cease and fall back to yeekatee immediately; and c) Any provisions of these Terms that explicitly or by their nature, are intended to survive termination shall continue to remain in full force and effect, including, but not limited to, Sections 7 (Intellectual property and feedback), 9 (Limitation of liability), 10 (Indemnification), and 13 (Governing Law and Jurisdiction)

13. Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of Switzerland. In case of any dispute arising out of or in connection with these Terms, the competent courts of the city of Zurich, Switzerland, shall have exclusive jurisdiction. Notwithstanding the foregoing, yeekatee reserves the right to initiate legal proceedings against a user in the jurisdiction of their habitual residence or domicile.

14. Assignment

You may not assign, transfer, or delegate any or all of your rights and obligations under these Terms without our prior written consent. yeekatee reserves the right to assign, transfer, or delegate any or all of its rights and obligations under these Terms at its sole discretion and without any prior notice to you.

15. Entire Agreement

This Agreement, including any documents, policies, or terms expressly incorporated herein by reference, constitutes the entire agreement between you and yeekatee with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements, understandings, negotiations, representations, or communications, whether oral or written, between you and yeekatee relating to the same.

16. No waiver

yeekatee’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision must be in writing and signed by a duly authorized representative of yeekatee. Except as explicitly stated in these Terms, the exercise of any remedy by either party under these Terms shall be without prejudice to its other remedies under these Terms or as provided by law.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, in whole or in part, such invalidity, illegality, or unenforceability shall not affect the validity, legality, and enforceability of the remaining provisions of these Terms. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely reflects the parties’ intent and the economic purpose of the original provision to the greatest extent possible.

18. Contact Information

If you have any questions or complaints about these Terms or the Services, please contact yeekatee at

support@yeekatee.com
yeekatee AG
Wiesenstrasse 10a
8952 Schlieren
Switzerland

yeekatee

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