Terms and Conditions

Last updated: November 22, 2025

Fulcrum Point

Bahnhofstrasse 52

8001 Zürich, Switzerland

Phone: +41 44 218 7463

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Fulcrum Point concerning your access to and use of our website and services. By accessing our website or engaging our services, you accept and agree to be bound and abide by these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and services, and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for your records.

User Obligations and Conduct

1. Legal Compliance Requirements

By using our services, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You have the legal capacity and authority to agree to these Terms and Conditions
• You are at least 18 years of age or the age of majority in your jurisdiction
• You will comply with all applicable local, state, national, and international laws and regulations
• Your use of our services will not violate any applicable law or regulation

2. Prohibited Activities and Behaviors

As a user of our services, you agree not to:

• Systematically retrieve data or content from our website to create a collection, database, or directory without our written permission
• Circumvent, disable, or interfere with security-related features of our website
• Engage in unauthorized framing of or linking to our website
• Trick, defraud, or mislead us or other users, especially in attempts to learn sensitive account information
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use any information obtained from our services to harass, abuse, or harm another person
• Upload or transmit viruses, malware, or any other malicious code

3. Content Guidelines and Restrictions

When submitting information or communicating through our services, you must not:

• Submit false, inaccurate, or misleading information
• Include content that is defamatory, obscene, abusive, or offensive
• Violate the privacy rights or intellectual property rights of others
• Submit content that promotes discrimination, violence, or illegal activities

4. User Responsibilities

You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any account information, for all activities conducted under your account, and for ensuring that your use of our services complies with these Terms and Conditions. You must immediately notify us of any unauthorized use of your account or any other breach of security.

Liability, Disclaimers, and Warranties

5. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Fulcrum Point disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the services will be uninterrupted, error-free, or free from harmful components
• Warranties regarding the accuracy, reliability, or completeness of any content or information
• Warranties that defects will be corrected or that the services meet your specific requirements

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Fulcrum Point, its affiliates, directors, employees, or agents be liable to you for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Financial losses resulting from decisions made based on our analytical services
• Damages arising from your inability to use our services

Our total liability to you for all claims arising from or related to our services shall not exceed the amount you have paid us for services in the twelve months preceding the claim.

7. Consequential Damages Exclusion

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. You acknowledge that the limitations of liability set forth in these Terms and Conditions are fundamental elements of the agreement between you and Fulcrum Point, and that we would not be able to provide services to you without these limitations.

8. Indemnification

You agree to defend, indemnify, and hold harmless Fulcrum Point and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of our services, your violation of these Terms and Conditions, your violation of any third-party rights, or any fraudulent or illegal activity.

9. Force Majeure Provisions

We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, governmental restrictions, or failures of internet service providers or telecommunications networks.

Legal Information and Dispute Resolution

10. Governing Law and Jurisdiction

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising from or relating to these Terms and Conditions or our services shall be subject to the exclusive jurisdiction of the courts located in Zürich, Switzerland. You irrevocably consent to the jurisdiction and venue of such courts.

11. Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from or relating to these Terms and Conditions or our services:

1. Informal Resolution: You agree to first contact us and attempt to resolve the dispute informally by providing a written description of the dispute and your proposed resolution to [email protected].
2. Negotiation Period: We will attempt to resolve the dispute through good faith negotiations for a period of 60 days from receipt of your notice.
3. Formal Proceedings: If the dispute cannot be resolved through informal negotiations, either party may initiate formal legal proceedings in accordance with the governing law provision above.

12. Severability Clause

If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.

13. Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. We will notify users of any material changes by posting the new Terms and Conditions on this page with an updated "Last updated" date. Your continued use of our services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.

14. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by us on our website, shall constitute the entire agreement between you and Fulcrum Point concerning the use of our services. If there is any conflict between these Terms and Conditions and any other agreement or policy, these Terms and Conditions shall prevail unless expressly stated otherwise.

15. Assignment and Transfer

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Additional Important Provisions

16. Waiver: No waiver by Fulcrum Point of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

17. Relationship of Parties: Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Fulcrum Point. You have no authority to make or accept any offers or representations on our behalf.

18. Survival: All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

Questions or Concerns?

If you have any questions about these Terms and Conditions, please contact us at [email protected] or use our contact form.