v.26/1 (valid since 08th January 2026)
These General Terms and Conditions (“GTC”) govern the use of the digital marketplace operated by Aequitex AG, Gubelstrasse 24, 6300 Zug, Switzerland (“Aequitex”) for the trading and financing of receivables, credit notes and comparable financing assets between registered users (the “Platform”), as well as all related services.
By accessing the Platform, registering or using any services, the user accepts these GTC as binding. Use of the Platform is not permitted without acceptance of these GTC.
Aequitex is domiciled in Switzerland. Swiss law shall apply exclusively.
Aequitex operates an online peer-to-peer platform serving as a marketplace for invoice sellers (“Sellers”) and invoice buyers (“Buyers”).
Via the Platform, Sellers may offer for financing:
Buyers may acquire such Financing Assets in whole or in economic fractions (fractional investing).
Aequitex is neither a party to the trade contracts concluded between Buyers and Sellers nor the economic creditor of the Financing Assets. Aequitex acts exclusively as platform operator and as processing, security, collection and enforcement agent.
The economic entitlement to Financing Assets always remains with the Buyers.
The Platform may include functions designed to preserve anonymity between Buyers and Sellers. Users expressly agree that identities and information relating to economic entitlement (in particular of Buyers) may be disclosed to courts, debt enforcement offices and authorities where procedurally or legally required; otherwise, the Platform preserves anonymity between Buyers and Sellers to the extent permitted by law.
To use the Platform services, users must register as Seller or Buyer. Sellers may only be legal entities; Buyers may be legal entities or natural persons.
Registration requires that the user provides complete, accurate and up-to-date information and completes the required identification, verification and KYC processes. These may include, in particular: identity verification, selfie live match, face match, proof of address, commercial register excerpts, beneficial owners and any other information required by law, regulation or contract.
Registration, classification and verification serve exclusively regulatory, contractual, security and anti-money laundering purposes. Aequitex does not provide investment advice, recommendations, selection assistance or an individual assessment of the suitability of specific investments during onboarding.
All investment decisions are made exclusively by Buyers at their own responsibility.
Aequitex may reject, suspend or revoke registrations without stating reasons.
Upon successful registration, the user receives a personal user account. The user account is non-transferable and may only be used by the registered user or authorised persons.
The user must keep access credentials confidential and promptly report any misuse. All actions performed via the user account are attributable to the user.
Aequitex may assign standardised ratings, risk classes or scorings to Sellers and Financing Assets. These may be based on publicly available information, user-provided information and data from external information providers.
All ratings, scorings and risk classes are automated information services only. They do not constitute a recommendation or an invitation to acquire or not acquire any Financing Asset.
Aequitex provides no warranty as to the accuracy, completeness or timeliness of such information and is not liable for investment decisions derived therefrom.
Aequitex may refuse to activate a user account or suspend an activated user account and the related access and usage rights at any later time without being required to provide reasons.
Suspension of the user account and access to services may include deletion and removal of all listed receivables from the Platform. Such suspension does not release the registered user from any trade contract concluded before the suspension or from any warranties, representations and other obligations or liabilities towards Aequitex or other registered users under these GTC.
A suspended user account may be reactivated if Aequitex, upon the registered user’s request, determines at its sole discretion that the reasons for the suspension no longer exist.
Aequitex reserves the right to reject upload attempts by Sellers or to deactivate uploaded Financing Assets without being required to provide reasons.
Via the Platform, Sellers may offer Financing Assets for financing. Buyers may acquire Financing Assets in whole or in economic fractions.
A Financing Asset may be acquired fractionally by one or more Buyers (fractional investing). The internal allocation into fractions is purely administrative within the Platform.
The upload of a Financing Asset does not constitute an offer and does not constitute an assignment; it is a non-binding request for financing.
The assignment of a Financing Asset to Aequitex is, unless expressly agreed otherwise, subject to a suspensive condition and becomes effective only upon the valid acquisition of the Financing Asset by a Buyer and the corresponding payment flow.
Until the suspensive condition occurs, both formal and economic entitlement remain with the Seller.
The assignment is made exclusively for processing, security and enforcement purposes.
After occurrence of the suspensive condition, Aequitex is entitled to assert the receivable in its own name, exclusively for the account of the economically entitled Buyers.
Payments by the debtor or, depending on the applicable factoring model, by the Seller discharge the payment obligation only if made to Aequitex.
Aequitex is entitled to receive payments in its own name exclusively as processing and collection agent for the account of the economically entitled Buyers.
Payments to other recipients have no discharging effect unless Aequitex has expressly consented to a deviating payment instruction in text form.
If a Seller or debtor nevertheless receives payments that economically belong to the Buyers, such amounts must be forwarded to Aequitex immediately and without deductions.
Aequitex is neither a party to the trade contracts concluded between Sellers and Buyers nor the economic creditor of the Financing Assets.
Aequitex acts exclusively as platform operator and as processing, security, collection and enforcement agent for the account of the economically entitled Buyers.
Buyers and Sellers maintain internal settlement accounts on the Platform. These serve exclusively the technical processing of transactions via the Platform and do not create any interest-bearing, loan, custody or other claim relationship vis-à-vis Aequitex.
Deposits into such settlement accounts do not constitute deposits in the banking law sense. Aequitex is not entitled to use such funds for its own economic purposes.
Aequitex’s remuneration is exclusively in accordance with the applicable Platform price plans.
Subscription fees are charged to the Seller’s settlement account at the start of the relevant subscription term.
Service and transaction fees are charged to the Buyer’s settlement account upon conclusion of a purchase of a Financing Asset.
Unless explicitly stated otherwise, all fees are exclusive of applicable taxes. Any right of set-off, retention or deduction against due fee claims is excluded to the extent permitted by law.
Upon acquisition of a Financing Asset, Aequitex adjusts the Buyer’s settlement account balance on a purely accounting basis to reflect the payment that Aequitex, as processing agent, effects in the Buyer’s name to the Seller.
Aequitex provides the Platform and related services to the best of its knowledge and in good faith. Aequitex does not owe any specific availability of the Platform nor any economic success of individual transactions.
Aequitex operates the Platform exclusively as marketplace operator and as processing, security, collection and enforcement agent. Aequitex acts neither as economic creditor nor as lender, investor or asset manager.
Aequitex makes no independent economic dispositions, assumes no credit, default or del credere risk and provides no yield, success, payment or collectability guarantees.
Where Aequitex undertakes collection, debt enforcement, legal debt recovery, litigation or execution measures in connection with Financing Assets, this occurs exclusively:
In such cases Aequitex has no independent discretion with respect to economic decisions, in particular no discretion to grant waivers, settlements, deferrals or comparable dispositive measures, unless mandatory law provides otherwise.
Aequitex may engage third parties to perform its agent activity, in particular attorneys, collection agencies, debt enforcement offices, courts, and technical or administrative service providers.
By uploading invoice receivables, credit notes or other Financing Assets to the Platform, the Seller declares that they exist, are legally valid, free of third-party rights and eligible for assignment.
By accepting a financing offer made via the Platform, the Seller expressly authorises Aequitex to perform all actions required to process the relevant transaction, including the formal assignment of the receivable to Aequitex for processing and enforcement purposes.
The Seller undertakes to duly inform the relevant debtor of the change of creditor and the discharging effect of payments to Aequitex, unless this has already been done by Aequitex.
If the Seller receives payments from a debtor relating to a receivable processed via the Platform, the Seller must forward such amounts to Aequitex immediately and in full. Discharging effect occurs only upon crediting to the account designated by Aequitex.
The Seller undertakes to cooperate fully in the processing and enforcement of receivables, including providing all required documents, information and declarations.
Buyers may acquire receivables, credit notes or fractions thereof via the Platform. Investment decisions are made exclusively by the Buyer, either through individual selection or based on predefined investment criteria.
By acquiring a receivable or a fraction thereof, the Buyer expressly grants Aequitex, with the right of substitution, a power of attorney to assert the relevant receivable in Aequitex’s own name exclusively for the Buyer’s account; such collection and litigation authority remains effective for already acquired Financing Assets until their full processing and/or enforcement is completed.
This authorisation includes in particular collection measures, debt enforcement proceedings, applications for provisional or definitive lifting of the objection in debt enforcement proceedings (Rechtsöffnung), litigation, security measures and execution.
Aequitex acts exclusively within the granted authority and, where agreed, pursuant to the Buyer’s instructions or a predefined enforcement profile.
The Buyer bears all economic risks arising from the acquisition of the receivable, including default, delay, settlement and litigation risks. Aequitex assumes no liability for the economic success of the investment.
The Buyer acknowledges that payments by the debtor to Aequitex have discharging effect, as Aequitex acts as the formally designated receiving and enforcement agent.
Aequitex is currently not available to residents of the USA or US territories (Puerto Rico, US Virgin Islands, Guam, American Samoa and the Northern Mariana Islands).
Aequitex is not available to registered users from countries where international organisations such as the European Union (EU), the Organisation for Economic Co-operation and Development (OECD), the United Nations Office on Drugs and Crime (UNODC) or the Financial Action Task Force (FATF) have identified a high or increased risk of money laundering or terrorist financing. Aequitex may immediately suspend a user account without prior notice where there is suspicion that a buyer is connected to countries with high or increased money laundering or terrorist financing risk.
To the extent permitted by law, Aequitex is liable only for damages caused by wilful misconduct or gross negligence by Aequitex in connection with the contractually owed agent services.
Any liability of Aequitex for the economic success of individual transactions, receivable defaults, deterioration of creditworthiness, payment delays, yield expectations or investment losses is expressly excluded.
In particular, Aequitex assumes no liability for:
Where Aequitex undertakes collection, debt enforcement, lifting of the objection in debt enforcement proceedings (Rechtsöffnung), litigation or execution measures, Aequitex does not owe any specific result or full enforcement of the receivable.
To the extent permitted by law, Aequitex’s liability is in any event limited to the damage that arose directly and causally from the specific breach of duty. Liability for indirect damages, consequential damages, loss of profit, reputational damages or other indirect pecuniary losses is excluded.
Mandatory statutory liability remains reserved.
The Seller is liable towards Aequitex and the economically entitled Buyers for all damages, costs and expenses resulting from:
The Seller undertakes to indemnify and hold harmless Aequitex and the economically entitled Buyers from all third-party claims arising from the Seller’s breach of contractual or statutory duties, including reasonable costs for legal advice, collection, debt enforcement and court proceedings.
Where certain factoring models (in particular recourse or reverse factoring) provide for recourse or repayment obligations, such obligations remain unaffected.
The Buyer is liable towards Aequitex for all damages, costs and expenses resulting from:
The Buyer bears all economic risks arising from the acquisition of receivables or fractions thereof, including default, delay, settlement and litigation risks.
Aequitex is not liable for losses of the Buyer resulting from the Buyer’s investment decisions or risk assessments.
Aequitex may engage third parties to perform its agent activity. Aequitex is liable for their actions only within the statutory provisions on auxiliary persons and only in cases of wilful misconduct or gross negligence.
To the extent permitted by law, Aequitex assumes no liability for services, content or actions of third-party providers referenced via the Platform or embedded in the transaction processing.
Use of the Platform is at the user’s own risk. Users must protect their access credentials and prevent misuse of their user account.
All actions performed using a user account are attributable to the respective user, regardless of whether performed by the user or by unauthorised third parties, unless there is a breach of duty by Aequitex.
These GTC enter into force upon the user’s registration on the Platform and apply for an indefinite period.
Individual contractual obligations, in particular those relating to already concluded transactions, assignments, collection and enforcement mandates, and payment processing, continue independently of the term of these GTC.
The user may terminate use of the Platform and any subscription at any time in accordance with the termination modalities specified on the Platform.
Ordinary termination has effect only for the future. Transactions already concluded or initiated and the resulting rights and obligations remain unaffected by termination.
No refund of fees that have become due or have been paid shall be made, to the extent permitted by law.
Where paid subscriptions are offered, they renew automatically for the agreed term unless terminated in due time.
The user authorises Aequitex to charge the subscription fees due for the renewal term in accordance with the price plans valid at the time of renewal.
Either party may terminate these GTC at any time with immediate effect for good cause.
Good cause exists in particular if:
In such cases Aequitex may suspend or restrict access to the Platform or specific user accounts in whole or in part.
Termination of these GTC does not affect:
After termination Aequitex remains authorised and obliged to properly complete all agent actions assumed prior to termination.
The user remains liable for all fees, costs and obligations incurred up to termination.
Termination of these GTC has no effect on the economic entitlement to receivables or fractions thereof. Such entitlement remains exclusively with the respective Buyers.
Aequitex assumes no economic responsibility for receivables, their enforcement or the result thereof, even after termination.
Aequitex provides no investment advice, no asset management, no portfolio management and no financial planning. All information provided on the Platform serves exclusively to present transaction opportunities and does not constitute recommendations or invitations to buy or sell receivables.
Investment decisions are made by Buyers at their own responsibility. Aequitex does not assess the individual suitability of an investment for a specific user.
Investors are classified during onboarding in accordance with the Swiss Financial Services Act (FinSA/FIDLEG) as retail clients, professional clients or institutional clients. Classification is based on self-declarations and is documented.
Investments via the Platform involve substantial risks, including the risk of a total loss of capital. Investments are illiquid and are not protected by any deposit insurance scheme. Users must assess the risks independently.
Aequitex may require users to provide additional risk disclosures, appropriateness confirmations or self-declarations. These form an integral part of the contractual relationship.
Users and Aequitex undertake to treat as confidential all confidential information in connection with the use of the Platform and the transactions processed.
The confidentiality obligation does not apply where:
This obligation survives termination of the contractual relationship.
The Aequitex privacy policy in its current version as applicable at the time of use shall apply.
Aequitex is the owner or licensee of all intellectual property rights in the Platform, the software, rating models, scorings, presentations and all other content made available via the Platform.
Users are granted a simple, non-transferable and non-exclusive right of use to the extent necessary for contractual use of the Platform. Any further use, in particular for commercial purposes, is prohibited without Aequitex’s prior consent.
Content submitted by users remains the intellectual property of the respective users. The user grants Aequitex a limited right of use in time and scope insofar as required for processing transactions, fulfilling legal obligations and for anonymised analysis and further development of the Platform.
Swiss substantive law applies exclusively, excluding conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC is Zug (Switzerland).
These GTC constitute the entire agreement between Aequitex and the user regarding the use of the Platform.
Supplementary contractual documents (in particular investor framework agreements, seller framework agreements, transaction-specific terms as well as powers of attorney/debt acknowledgements) shall prevail over these GTC to the extent of their subject matter; otherwise, these GTC apply on a supplementary basis.
If any provision of these GTC is or becomes invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the intended economic purpose.
