Terms of Service


Last updated: April 15, 2021

Terms and Conditions of Website Use

This website is operated by Iconic Funds GmbH as a subdomain of a website of the Iconic Holding informing about the issuing of crypto asset index investment products by its subsidiaries, such as Iconic Funds BTC ETN GmbH. This Terms of Conditions apply only with regard to this website operated by Iconic Funds GmbH.

By continuing to use our website, you declare to have read and accepted our Terms and Conditions as set out below:

This website does not provide investment, tax or legal advice or recommendations but is for information only. Some contents on this website or the access to certain contents on this website might be restricted according to the applicable laws and regulations in your jurisdiction.

Disclaimer:

This website, the informational material and product information represents solely a non-binding preliminary information which serves exclusively advertising purposes and is not a prospectus in the sense of the European Securities Prospectus Act, the German Investment Act or the German Investment Code or a corresponding foreign law. The content is neither an offer nor a solicitation of an offer to purchase securities. The information on this website does not constitute investment advice or investment recommendation. The greatest possible care has been taken in the preparation of this website, but errors and omissions remain reserved. In case statements are made they are based on evaluations, economic data, own assessments and are forward looking statements at the time of preparation of the website and can be subject to changes. The price performance of cryptocurrencies is highly volatile and unpredictable and past price performance is no guarantee of future price performance.

Distribution of Information:

In certain countries the distribution of the information and material on this website may be restricted by law. None of the information is directed at, or is intended for distribution to, or use by, any person or entity in any jurisdiction (by virtue of nationality, place of residence, domicile or registered office) where publication, distribution or use of such information would violate local law or regulation.

You must inform yourself about, and observe any such restrictions in your jurisdiction. The information on this website is not for distribution.

By accepting these Terms and Conditions, you hereby confirm that according to the applicable laws and regulations that apply to you (be it the jurisdiction of your nationality, residence, incorporation of the company you are representing or current physical location) you are allowed to access this website.

No contract

The use of this website does not constitute a contractual relationship of any kind between you and Iconic Funds GmbH or Iconic Funds BTC ETN GmbH or any other issuer. Accordingly, no contractual claims arise against Iconic Funds GmbH or Iconic Funds BTC ETN GmbH or any other issuer as a consequence of visiting this website.

No offer

No content of this website should be considered as an offer to purchase any product or securities as described on this website. The prices, valuations and other information published on this website are indicative and are for information purposes only. Any person offering securities described on this website shall observe and strictly comply with

  • restrictions on the usage of information pursuant to these Terms and Conditions
  • any restriction imposed by a prospectus published with respect of any securities described
  • and any restrictions imposed by applicable laws and regulation, including without limitation restrictions imposed by the EU Prospectus Regulation (REGULATION (EU) 2017/1129 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2017).

Authorized Investors

Any securities described on this website may not be offered for sale in all countries and are in any event reserved for investors who are authorized to purchase the securities. Selling restrictions applicable to specific products are set out in the relevant prospectus and Investors should read them carefully. Any restrictions imposed by the relevant prospectus are in addition and without prejudice to any restriction or prohibition established by laws or regulations of any jurisdiction.

United States Persons and legal entities resident in the United States

Securities issued by Iconic Funds BTC ETN GmbH or any other issuer have not been registered under the U.S. Securities Act of 1933, as amended, (the “Securities Act”). The notes are being offered outside the United States of America (the “United States” or “U.S.”) in accordance with Regulation S under the Securities Act (“Regulation S”), and may not be offered, sold or delivered within the United States except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act.

The information provided on this website is not directed to any United States person or legal entity or any state thereof, or any of its territories or possessions.

U.S. PERSONS (AS DEFINED IN REGULATION S) AND LEGAL ENTITIES RESIDENT IN THE UNITED STATES MAY NOT ENTER THIS WEBSITE.

Information from this website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted.

Exclusion of liability for content

The information on the website has been given in good faith and every effort has been made to ensure its accuracy. Nevertheless, Iconic Funds GmbH shall not be responsible for any loss which is a direct or indirect result of reliance placed on any part of the website and it makes no warranty as to the accuracy of any information or content on the website. The terms and conditions of securities applicable to investors will be set out in the relevant prospectus, available on the website and should be read prior to making any investment.

Risk Warnings

Please always consider the following:

  • An investment in products displayed on this website and the anciliary documents may end in a total loss.
  • The price performance of cryptocurrencies is highly volatile and unpredictable. Your capital is at risk, you can lose your entire investment.
  • Past price performance is no guarantee of future price performance.
  • Rates of exchange may affect the value of investments.
  • Applications to invest in securities referred to on this website must only be made on the basis of the relevant prospectus.
  • Investors should refer to the section entitled “Risk Factors” in the relevant prospectus for further details of these and other risks associated with an investment in the securities offered by the Issuers before investing.

Changes of terms and conditions of website use

Iconic Funds GmbH reserves the right, at its sole discretion, to modify, amend or replace these Terms and Conditions at any time without prior warning.

Copyright

The Service and its original content, features, design and functionality are and will remain the exclusive property of Iconic Funds GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. The trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Iconic Funds GmbH.

Data Privacy Policy

Iconic Funds GmbH respects the privacy of users. Personal data, which are collected when visiting the website, are processed according to the requirements of the GDPR or equivalent national legislation. For details on data privacy, please see our Privacy Policy.

Links to other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Iconic Funds GmbH.

Iconic Funds GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Iconic Funds GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Cookies

Iconic Funds GmbH uses “cookies” to collect data about your computer, including, where available, your IP address, operating system and browser type, for improvements to the website, system administration and other similar purposes. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Frankfurt/ Main, Germany, without regard to its conflict of law provisions.

Iconic Funds GmbH is a subsidiary of Iconic Holding GmbH, registered at the Amtsgericht Frankfurt am Main, register number HBR 116742 office at Große Gallusstr. 16-18, 60312 Frankfurt am Main, Germany.