Migrator Terms and Conditions

THIS IS AN IMPORTANT DOCUMENT

PLEASE READ IT CAREFULLY

This document constitutes the terms and conditions (the “Terms”) that govern the process of migrating an individual’s (“you”) existing CHSB (as defined below), the native utility token of the SwissBorg ecosystem, to the new smart contract (the “New Contract”) deployed by SBorg SA (the “Company”), through the CHSB migration portal on https://migration.swissborg.com/ (the “Portal”).

Please read these Terms carefully before initiating the CHSB migration process. If you do not agree with any part of these Terms, you may not use the Portal for CHSB migration.

These Terms are complementary to and supplement the SwissBorg App Terms of Use and to the SwissBorg App Privacy Notice. Capitalized terms used but not defined in these Terms will have the meanings assigned to them by the SwissBorg App Terms of Use and/or in the SwissBorg App Privacy Notice, which in turn shall be incorporated by reference to these Terms.

The CHSB Token (“CHSB”) has been issued as a multi-utility token (please refer to the terms of CHSB sale available at : https://uploads-ssl.webflow.com/5c0e70439a14797357f10649/5c6169d98b898f5451febb0b_swissborg-token-sale.pdf) and does not qualify as a security/asset token/payment token.

By connecting your wallet to the Portal and participating in the CHSB migration process, you acknowledge that you have read, understood, and agreed to be bound by these Migrator Terms and Conditions.

2.1. Eligibility. To be eligible for migrating your CHSB via the Portal, you must hold CHSB in your third-party cryptocurrency wallet, which in turn must be compatible with the Ethereum blockchain. 

2.2. Initiation and User Responsibilities. To initiate the CHSB migration process, you must access the Portal and follow the instructions provided therein. This may include connecting your third party cryptocurrency wallet, verifying the accuracy of any cryptocurrency wallet addresses, transaction details, and any other required information. Any errors in the initiation process that result in the loss of CHSB will be your sole responsibility.

2.3. Migration. Upon initiation, the CHSB will be locked in the migrator smart contract, and the corresponding amount of updated tokens (“BORG”) will be credited to your wallet. CHSB will be converted to BORG on a 1:1 basis. 

2.4. Migration Confirmation. Upon successful migration, the Company will provide you with a confirmation of the migration transaction. It is your responsibility to verify the accuracy of this confirmation. If you believe there is an error or discrepancy, you must immediately contact the Company at support@swissborg.com.

2.5. Irreversible Process. Once the CHSB migration is completed, it is irreversible. You will not be able to reverse the migration process or retrieve the CHSB.

2.6. Gas Fees. Blockchain transactions require the payment of transaction fees to the appropriate network (“Gas Fees”). You will be solely responsible for paying any applicable Gas Fees for any transaction that you initiate through the Portal and / or have sufficient funds in your third party wallet to cover the required Gas Fees at the moment of the transaction.

3.1. No Warranties. The Company provides the Portal and the CHSB migration service "as is," without any warranties or guarantees of any kind, either express or implied.

3.2. No Liability for Loss. The Company shall not be liable for any loss of CHSB and/or BORG due to User error, negligence, or any other reason, including any unforeseeable external event. It is your responsibility to ensure the accuracy of the migration process. You are strongly encouraged to double-check all migration details before confirming.

3.3. No Warranty of Token Value. The Company makes no representations or warranties regarding the future value, price, or performance of BORG. The value of BORG may fluctuate, and the Company shall not be responsible for any loss of value.

3.4. Portal Operation. The Company may, in its sole and absolute discretion, decide to stop operating the Portal at any time, with or without notice. The Company shall employ commercially reasonable efforts to notify all relevant stakeholders before the cessation of the Portal’s operation. Ownership over any and all BORG remaining in the New Contract that corresponds to the number of unmigrated CHSB remain with the Company after the cessation of the Portal’s operation (the “Unmigrated BORG”). You hereby irrevocably release the Company from and waive all rights against the Company in respect of such Unmigrated BORG. 

4.1. User Security Obligations. You are solely responsible for the security of your third party cryptocurrency wallet and any private keys or credentials used in the CHSB migration process. You must take all necessary precautions to protect your wallet from unauthorized access.

4.2. Phishing and Scam Awareness. The Company will never request your private keys or sensitive information through the Portal or any other communication channels. Be vigilant and cautious of phishing attempts and scams. If you suspect any fraudulent activity, report it to the Company immediately.

4.3. Right to Suspend Migration. The Company reserves the right to suspend or temporarily halt the CHSB migration process in cases of suspected security breaches, fraud, or other malicious activities or for any other reason. In such cases, the Company will investigate and take appropriate action to safeguard User assets.

5.1. By agreeing to these Terms, you understand and agree that your participation in the CHSB migration process will generate data that will be transferred to the Company (the “Data”).  

5.2. Users participating in the CHSB migration process understand and agree that their Data shall be transferred to the Company on the basis of these Terms, and shall be collected, processed, and controlled by the Company and/or its affiliates, pursuant to the terms of the SwissBorg App Privacy Notice. 

6.1. You acknowledge and agree that, to the greatest extent possible by law, neither the Company, nor any Related Persons shall be liable for any direct, indirect, incidental, special, or consequential damages that may result from your use of the CHSB migration service and/or transfer of Data to the Company.  

6.2. The Company and/or Related Persons’ liability for damages incurred by User as a result of the use of the CHSB migration service and/or the transfer of Data shall in any event be limited to the greatest extent permitted by applicable laws. In no event shall the Company or any Related Person be responsible towards the User for tax or regulatory investigations, penalties, and/or fines resulting from the User’s participation in the CHSB migration 

The Company reserves the right to amend these Terms at its sole discretion at any time. Any material modifications or amendments shall be disclosed to the User, in writing or shall be sent by notification, electronic mail to the User, or by any other means. The User is deemed to have accepted the updated Terms in the event that the User uses the CHSB migration service after being notified of the amendments/modifications.

These Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the courts of Vaud, Switzerland.