by Defly ("Operator"), the website https://defly.app and the app Defly Wallet (together: "Applications") as amended on February 10th, 2022:
1. Permitted use
1.1 The information contained herein is directed only at persons in jurisdictions where publication or access to such offers is lawful and not prohibited. Persons affected by such prohibitions are expressly prohibited from using these Applications. Natural or legal persons who, by reason of their nationality, business activity or otherwise, are subject to the legal system of such a state have the obligation to inform themselves independently and at their own risk about such legal restrictions and will comply with the relevant legal provisions. In any case, the information contained in these Applications is not intended for U.S. citizens or U.S. resident legal entities.
2. For information purposes only, no liability for accuracy and timeliness
2.1 These Applications have been set up by the operator for information purposes only. All statements and data contained therein are therefore completely non-binding and without guarantee. All information is intended solely for the user's own use. Use or publication in any other medium is expressly prohibited.
2.2 The information contained in the Applications has been compiled by the operator with the greatest possible care. Nevertheless, the operator does not assume any liability for the correctness, completeness, up-to-dateness or permanent availability of the information provided in the Applications and does not undertake to update it.
3. No offer, no advice
3.1 The Applications therefore do not constitute an invitation, offer or acceptance to conclude a contract or other legal transaction, in particular an investment, under either Austrian or foreign law, nor are they intended to influence a decision on the conclusion of a legal transaction.
3.2 These Applications and their content do not constitute, and should not be construed as, financial, legal, tax, investment or other advice and cannot be a substitute for such advice. Potential investors are therefore advised to take appropriate investment advice before making any concrete investment and to inform themselves about the applicable legal basis, stock exchange supervisory laws and taxes in Austria and their country of origin or residence.
3.3 Insofar as the Applications contain information relating to certain financial instruments or financial products, such information in no way constitutes an advertisement, an offer to purchase or an acceptance to enter into a contract or other legal transaction with respect to such instruments or products. In this context, it is expressly pointed out that the admission, offer and sate of such financial products may be subject to legal restrictions under the laws of certain countries.
3.4 The Applications and the information contained therein do not constitute a prospectus under the Capital Markets Law or any other similar law of any jurisdiction and do not form part of any offer or solicitation to subscribe for shares or other securities.
4.1 The operator also accepts no liability, whether in contract, tort (including negligence) and/or any other legal basis, for loss or damage, including loss of profit or other direct or indirect consequential damage, which arises from the use of or reliance on the Applications or the information provided or any failure to take certain information into account. The operator accepts no liability for errors in data transmission such as data loss, data damage or data alteration of any kind, including direct, indirect and consequential damage arising from the use of the services offered herein. We draw your attention to the fact that communication via e-mail may not be secure. We therefore recommend that you do not transmit confidential information in this way. If you nevertheless send confidential information to us by e-mail, you do so at your own risk.
4.2 The operator does not check external websites for their content and therefore assumes no liability or other responsibility for content that is accessed through links. Furthermore, the operator expressly provides no guarantee for transactions with or services of other companies which are mentioned in these Applications or to which reference is made therein, and expressly assumes no liability for their actions or the information provided by them.
5. Risk notice
5.1 The attention of every user of the offer is drawn to the following circumstance — irrespective of the other content of this disclaimer: Every investment contains risks. Depending on the financial product, various risks must therefore be considered, such as currency risk, price risk or interest rate risk, or also macroeconomic risks that can be realized. The operator explicitly points out that the value of financial products as well as the revenues generated from them can fall as well as rise. A certain development, the increase or preservation of the invested capital can therefore never be guaranteed. Past performance cannot be used as an indicator of future performance and can therefore in no way be regarded as a guarantee or indication of future profit performance. It is therefore possible with every capital investment that part of the invested capital, or in extreme cases the entire capital, may be lost.