v.26/2 (valid since April 22nd 2026)
These General Terms and Conditions (“GTC”) govern the use of the digital marketplace of Aequitex AG, Gubelstrasse 24, 6300 Zug, Switzerland (“Aequitex”) for the trading of receivables, and comparable financing instruments between registered users (“Platform”), as well as allrelated services.
By accessing the Platform, registering, or using services, the user accepts these GTC as binding for the entire contractual relationship between the user and Aequitex. Use of the Platform is not permitted without acceptance of these GTC.
Aequitex reserves the right to amend these GTC at any time. The version of the GTC valid at the time of use of the Platform shall be decisive.
Aequitex operates an online peer-to-peer platform serving as a marketplace for platform users (as sellers of receivables in recourse factoring and non-recourse factoring or as platform users in reverse factoring) and investors.
Via the Platform, platform users may offer invoice receivables or invoice liabilities (within the framework of reverse factoring transactions in which the platform user is the payment debtor) to investors forthe purpose of pre-financing (“Financing Instruments”).
Aequitex facilitates, via the Platform, contracts between the platform users and the investors (jointly referred to as “Users”).Aequitex does not owe any success in arranging such contracts at any time. The Users may not demand performance of the contracts directly from Aequitex.
Aequitex is neither a party to the contracts concluded between the platform users and the investors nor the economic creditor of the Financing Instruments. Aequitex acts exclusively as platform operator and ascollection agent of the investors. The economic entitlement to the FinancingInstruments always lies with the investors.
The Platform may contain functions which preserve anonymity between platform users and investors. The users of the Platform expressly agree that identities and information regarding economic entitlement (in particular of the investors) may, whenever procedurally required, pursuant to court or official order and/or for regulatory reasons, be disclosed at any time to courts, debt enforcement offices and/or authorities. In all other respects, the Platform preserves anonymity between platform users and investors to the extent permitted by law.
In order to use the services of the Platform, all users must register as platform users and/or investors. Platform users may only be legal entities. Investors may be legal entities or natural persons.
Registration requires that platform users and investors provide complete, correct and up-to-date information and complete the respective required identification, verification and KYC processes. These mayin particular include: identity verification, selfie live match, face match, proof of address, excerpts from the commercial register, beneficial owners as well as further information required by regulation or contract.
The registration, classification and verification of users serve exclusively regulatory, contractual, security-related and anti-money laundering purposes. Within the framework of onboarding, Aequitex does not provide investment advice, recommendations, selection assistance or any individual review of the economic appropriateness of individual investments.
All investment decisions are made exclusively by theinvestors on their own responsibility.
Aequitex is entitled to reject, suspend or revoke registrations without stating reasons.
After successful registration, the user receives a personal user account. The user account is non-transferable and may be used exclusively by the registered user or by persons expressly authorised by the user for this purpose.
The user is obliged to keep access credentials confidential and to report any misuse without delay. All actions taken through the user account shall be attributed to the user.
Aequitex may assign standardised ratings, risk classes or scorings to the platform users and the Financing Instruments. These are based on publicly accessible information, information provided by the users and data from external information service providers.
All ratings, scorings and risk classes constitute exclusively automated informational services. They neither constitute a recommendation nor an invitation to acquire or not to acquire a Financing Instrument.
Aequitex provides no guarantee for the correctness, completeness or timeliness of such information and shall not be liable for investment decisions derived therefrom.
Aequitex may refuse activation of a user account at any time or suspend an already activated user account and the related access and usage rights to the Platform at any later time, without Aequitex having to state reasons for doing so.
The blocking of the user account and the rights to use the services may include the deletion and removal of all listed invoice receivables from the Platform. However, such blocking shall not release the registered user from any contract concluded before the blocking nor from guarantees, representations and other obligations or liabilities towards Aequitex or other registered users under these GTC.
A blocked user account may be reactivated and use of the Platform may be released if Aequitex, upon request of the registered user, determines at its own discretion that the reasons for the blocking no longer exist.
Aequitex reserves the right to reject upload attempts by the platform user or to deactivate uploaded invoice receivables without being obliged to state reasons for such action.
Via the Platform, platform users may offer Financing Instruments to the investors for pre-financing. Investors may acquire such Financing Instruments in full or in economic fractions.
A Financing Instrument maybe acquired proportionately by one or more investors at the same time (fractional investing). The internal allocation into fractions is carried out exclusively administratively via the Platform.
The upload of a Financing Instrument by the platform user onto the Platform does not constitute an offer and does not constitute an assignment, but merely a non-binding request to Aequitex to publish the Financing Instrument on the Platform for the purpose of its pre-financing by an investor. Aequitex reviews the request and makes an offer to the platform user as to the price at which the Financing Instrument is published on the Platform. If the platform user accepts the offer, the Financing Instrument is subsequently published on the Platform at the agreed price.
In recourse factoring and non-recourse factoring, platform users and investor agree on a sale of receivables at the respective terms shown on the Platform and agreed between the platform user and investor. The platform user signs a corresponding deed of assignment. In a next step, a collection assignment is effected between investor and Aequitex in relation to such receivable. This collection assignment is effected exclusively for settlement, security and enforcement purposes. Based on a collection mandate of the investor, Aequitex is entitled to assert the receivable in its own name, but exclusively for the account of the economically entitled investor.
Payments by the third-party debtor (where appropriately notified) or – in the case of corresponding factoring models – by the platform user shall have debt-discharging effect exclusively if made to Aequitex.
Payments to other persons shall not have debt-discharging effect in the event of correct notification, unless Aequitex has expressly agreed in text form to a deviating payment instruction.
If a platform user nevertheless receives payments which economically belong to one or more investors, these must be forwarded to Aequitex immediately and without deductions. Set-off is excluded.
Platform users and investors maintain internal settlement accounts on the Platform. These serve exclusively for the technical settlement of transactions via the Platform and do not establish any interest-bearing, loan, custody or other creditor relationship vis-à-vis Aequitex.
Deposits into these settlement accounts do not constitute deposits within the meaning of banking law. Aequitex is not entitled to use such funds for its own economic purposes.
Aequitex shall be remunerated exclusively in accordance with the terms agreed in the contracts between the platform user and Aequitex and in the contracts between investor and Aequitex, as well as in accordance with the pricing plans of the Platform in force from time to time.
Subscription fees are charged to the settlement account of the platform users at the beginning of the respective subscription. Service and transaction fees are charged to the settlement account of the investor upon conclusion of a purchase of receivables.
Unless expressly stated otherwise, all fees are exclusive of applicable taxes. Set-off of due fees is excluded.
When a Financing Instrument is purchased, Aequitex adjusts the balance of the settlement account of the investor on a purely notional basis in order to reflect the payment made by Aequitex, as collection agent, in the name of the investor to the platform user.
Upon termination of the contractual relationship, any credit balance on the settlement accounts shall be paid out to the platform user or the investor within 30 working days.
Aequitex provides the Platform as well as the related services to the best of its knowledge and belief. However, Aequitex does not at any time owe any specific availability of the Platform or any economic success of individual transactions.
Aequitex operates the Platform exclusively as marketplace operator and as collection 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 gives no guarantees whatsoever as to returns, success, payment or recoverability.
To the extent Aequitex takes collection, debt enforcement, removal of objection, litigation or enforcement measures in connection with Financing Instruments, this is done exclusively:
In such cases, Aequitex has no independent discretionwith regard to economic decisions, in particular not with regard to waivers ofclaims, settlements, deferrals or comparable measures.
Aequitex is entitled toinvolve auxiliaries in the performance of its collection activities, inparticular attorneys, collection service providers as well as technical and/or administrative service providers.
By uploading invoice receivables, or other Financing Instruments to the Platform, the platform user declares that these exist, are legally valid, are free of third-party rights and are capable of assignment.
Within the framework of the offer process, Aequitex submits to the platform user a binding proposal as to the price at which the Financing Instrument is to be offered to the investors on the Platform. If the platform user accepts this proposal, the platform user irrevocably agrees to the offer price of the Financing Instrument published on the Platform (including discounts or surcharges as well as transaction fees). Aequitex subsequently publishes the Financing Instrument on the Platform at the agreed price.
By accepting a financing offer submitted via the Platform, the platform user expressly authorises Aequitex to take all actions required for the settlement of the respective transaction.
The platform user undertakes to properly inform the respective third-party debtor of the change of creditor as well as of the debt-discharging effect of payments to Aequitex, in sofar as this has not already been done by Aequitex.
If the platform user receives payments from a third-party debtor in relation to a receivable sold via the Platform, the platform user is obliged to forward these amounts to Aequitex immediately and in full. Set-off against Aequitex is excluded. In this case, debt-discharging effect occurs only upon crediting to the account designated by Aequitex.
The platform user undertakes to fully cooperate in the settlement and enforcement of the receivables, in particular by providing all required documents, information and declarations.
The investor is entitled to acquire receivables, orfractions thereof, via the Platform. Investment decisions are made exclusivelyby the investor itself, either by individual selection or on the basis ofpredefined investment criteria.
By acquiring a receivable or a fraction thereof, theinvestor expressly authorises Aequitex, with the right of substitution, toassert the respective receivable out of court and in court in its own name, butexclusively for the account of the investor. This litigation and collectionpower of attorney remains effective for Financing Instruments already acquireduntil their complete settlement or enforcement.
This authorisation includes in particular collection,debt enforcement, removal of objection, litigation, security and enforcementmeasures. Aequitex acts here exclusively within the scope of the granted powerof attorney as well as – if agreed – in accordance with instructions or inaccordance with a predefined enforcement profile of the investor.
The investor bears all economic risks arising from theacquisition of the receivable, including default, delay, settlement andlitigation risks. Aequitex assumes no liability for the economic success of theinvestment.
The investor acknowledgesthat payments of the debtor to Aequitex have debt-discharging effect in itscapacity as collection agent.
Aequitex is currently not available for residents of the United States or the U.S. territories (Puerto Rico, U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands).
Aequitex is not available to registered users from countries in which 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 has the right to block a user account immediately and without prior notice and to prevent purchasers of receivables from using Aequitex if there is suspicion that purchasers of receivables are connected with countries with a high or increased risk of money laundering or terrorist financing.
Any liability of Aequitex in relation to the operation of the Platform, the settlement of transactions via the Platform and the handling of collection mandates is – to the extent permitted by law – fully excluded. Aequitex shall only be liable for direct damages caused by it through a breach of the standard of care customary in business.
In particular, Aequitex shall also not be liable for losses of the investor resulting from its investment decisions or risk assessments.
The platform user shall be liable towards Aequitex and the investors for all damages, costs and expenses resulting from:
The platform user undertakes to indemnify Aequitex and the economically entitled investors against all third-party claims arising from the breach of its contractual or statutory duties, including all costs of legal advice, collection, debt enforcement and court proceedings.
To the extent that certain factoring models (in particular recourse or reverse factoring) provide for recourse or repayment obligations, these remain unaffected.
The investor shall be liable towards Aequitex for all damages, costs and expensesresulting from:
Aequitex is entitled to use third parties for the performance of its activity as platform operator and collection agent. Aequitex shall only be liable for their actions within the framework of the statutory provisions on auxiliaries and only in the event of intentional or grossly negligent breach of duty by the auxiliaries.
To the extent permitted by law, Aequitex assumes no liability whatsoever for services, content or actions of third-party providers to which reference is made via the Platform.
Use of the Platform is at the users’ own risk. Users are obliged to protect their access credentials and to prevent misuse of their user account.
All actions taken using a user account shall be attributed to the respective user, irrespective of whether these were taken by the user itself or by unauthorised third parties.
The contracts between Aequitex and the users(including these GTC) are valid for an indefinite period.
The users are entitled to terminate the use of the Platform and any subscription at any time in compliance with the termination modalities regulated in the contracts between Aequitex and the users.
Ordinary termination shall apply exclusively for the future. Transactions already concluded and the rights and obligations resulting therefrom remain unaffected by termination.
No refund of fees already due or paid shall be made.
Where paid subscriptions are offered, these shall automatically renew for the respective agreed term unless terminated in due time.
The users authorise Aequitex to debit the subscription fees due for the renewal period from their settlement account in accordance with the pricing plans valid at the time of renewal.
Aequitex is entitled to terminate the contractual relationship with users at any time for good cause with immediate effect.
Good cause exists inparticular if:
In such cases, Aequitex is entitled to block or restrict access to the Platform or to individual user accounts immediately and without prior information, in whole or in part.
Terminationof the contractual relationship does not affect:
Aequitex remains entitled and obliged, even after termination of the contractual relationship, to duly complete all collection mandates assumed before termination.
Both the platform users and the investors remain fully liable for all fees, costs and obligations incurred up to termination.
Termination of the contractual relationship has no effect on the economic entitlement to receivables or fractions there of. This remains exclusively with the respective investors.
Even after termination of the contractual relationship, Aequitex assumes no economic responsibility for receivables, their enforcement or their outcome.
Aequitex does not provide investment advice, asset management, portfolio management or financial planning. All information made available on the Platform serves exclusively to present transaction opportunities and constitutes neither recommendations nor invitations to acquire or dispose of receivables.
Investment decisions are made by investors on their own responsibility. Aequitex makes no assessment whatsoever with regard to the individual suitability of an investment for a specific user.
During onboarding, investors are classified as retail clients, professional clients or institutional clients in accordance with the Swiss Financial Services Act (FinSA). The classification is based onself-declarations and is documented.
Investments via the Platform involve substantial risks, including the risk of a complete loss of capital. Investments are illiquid and are not protected by a deposit guarantee scheme. Users are obliged to independently review the risks.
Aequitex is entitled to obtain additional risk disclosures, appropriateness confirmations or self-declarations from users. These form an integral part of the contractual relationship.
The platform users, investors and Aequitex undertaketo treat all information in connection with the use of the Platform and theprocessed transactions confidentially.
The duty of confidentialitydoes not apply insofar as:
The obligation of confidentiality remains in force even after termination of the contractual relationship.
The respective current privacy policy of Aequitex (available at https://www.aequitex.com/de/datenschutz) in the version valid at the time of use shall apply. By agreeing to these GTC, users of the Platform also consent to receiving newsletters. The purchaser may unsubscribe from receiving newsletters at any time by clicking the unsubscribe link in the newsletters.
Aequitex is the owner or licensee of all intellectual property rights in the Platform, the software, the 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 the contractual use of the Platform. Any further use, in particular for commercial purposes, is not permitted without the prior written consent of Aequitex.
The content transmitted by users remains the intellectual property of the respective users. The user grants Aequitex the royalty-free right of use to such content, existing for the duration of the contractual relationship, insofar as such use is required for the settlement of transactions, the fulfilment of contractual and/or statutory obligations as well as for the anonymised analysis and further development of the Platform.
The legal relationship between Aequitex and the users of the Platform shall be governed exclusively by substantive Swiss law, with the complete exclusion of the conflict of law rules of private international law and of the Vienna Convention of the United Nations on Contracts for the International Sale of Goods dated April 11th 1980.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC shall be Zug (Switzerland).
Together with the supplementary contractual documents, these GTC constitute the entire agreement between Aequitex and the platform users as well as investors with regard to the use of the Platform. There are no ancillary agreements.
In the event of conflicts between the contractual documents (in particular investor framework agreements, seller framework agreements, transaction-related conditions as well as powers of attorney and/or acknowledgements of debt) and these GTC, the contractual documents shall prevail.
Should parts of these GTC prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions. The invalid or ineffective provision shall be replaced bya provision which comes closest to the legal and economic purpose of the provision to be replaced while appropriately safeguarding the interests of the contracting parties. The same procedure shall apply in the event of a gap.
