Terms of Service

1.1 Service Provider

These Terms constitute a binding agreement between you ("User," "you," or "your") and Idea2Create AG, a company incorporated under Swiss law, with registered offices in Zurich, Switzerland (hereinafter "Idea2Create," "we," "us," or "our").

1.2 Platform Description

Idea2Create operates an online marketplace platform that enables users to:

• Create, publish, and sell original business ideas and concepts ("Ideas")
• Browse, evaluate, and purchase Ideas from other users
• Access AI-powered analysis and valuation tools for Ideas
• Manage intellectual property rights transfers through secure transactions

1.3 Acceptance of Terms

By creating an account, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the platform.

2.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts under applicable law
• Not be prohibited from using our services under Swiss law or the laws of your jurisdiction
• Provide accurate, current, and complete registration information

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password and enable two-factor authentication when available
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with third parties
• Not create multiple accounts for fraudulent purposes

2.3 Account Verification

We reserve the right to verify your identity and may require additional documentation for compliance with Swiss Anti-Money Laundering Act (AMLA) requirements, particularly for high-value transactions.

3.1 Ownership of Ideas

Users who submit Ideas to the platform ("Creators") retain all intellectual property rights to their Ideas until a valid sale is completed. Upon purchase:

• All intellectual property rights, including but not limited to copyright, are transferred to the purchaser ("Investor")
• The Creator grants a perpetual, irrevocable, worldwide license to the Investor
• The Creator waives any moral rights to the extent permitted by Swiss law (Art. 11 Swiss Copyright Act)

3.2 Creator Warranties

By submitting an Idea, you represent and warrant that:

• You are the sole author and owner of the Idea
• The Idea is original and does not infringe any third-party intellectual property rights
• You have not previously sold, licensed, or encumbered the Idea
• The Idea does not contain any confidential information belonging to third parties
• You have the full legal right and authority to sell the Idea

3.3 Platform License

By submitting content to the platform, you grant Idea2Create a non-exclusive, royalty-free, worldwide license to:

• Display, reproduce, and distribute the Idea on the platform for sales purposes
• Create derivative works for promotional and marketing purposes
• Use AI tools to analyze and provide valuations of the Idea

This license terminates upon removal of the Idea from the platform or completion of sale.

4.1 Publication Fee

Creators must pay a non-refundable publication fee to list their Ideas on the marketplace. The fee structure is as follows:

• Standard Publication: CHF 9.90 - Basic listing without AI analysis
• Premium Publication: CHF 19.90 - Listing with AI-powered analysis and insights

All fees are inclusive of Swiss VAT where applicable. Fees are subject to change with 30 days' prior notice.

4.2 Transaction Fees

Idea2Create does not charge transaction fees on sales between Creators and Investors. However, payment processing fees charged by third-party payment providers (Stripe) may apply.

4.3 Payment Processing

All payments are processed through Stripe, a PCI DSS Level 1 certified payment processor. By using our services, you also agree to Stripe's Terms of Service. Payments are processed in EUR, with conversion rates determined by Stripe for other currencies.

5.1 Acceptable Use

You agree to use the platform only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Content

You may not submit Ideas that:

• Infringe intellectual property rights of any third party
• Contain illegal, harmful, threatening, defamatory, or obscene content
• Promote illegal activities, violence, or discrimination
• Contain malware, viruses, or other harmful code
• Violate applicable export control or sanctions laws
• Constitute fraud, misrepresentation, or deceptive practices

5.3 Prohibited Activities

You may not:

• Circumvent, disable, or interfere with security features of the platform
• Use automated systems (bots, scrapers) without prior written authorization
• Attempt to gain unauthorized access to other users' accounts or data
• Engage in any activity that disrupts or interferes with the platform
• Resell, sublicense, or commercially exploit the platform without authorization
• Manipulate pricing, ratings, or reviews

6.1 Review Process

All submitted Ideas undergo a review process before publication. We reserve the right to reject, remove, or modify any content that violates these Terms or our content guidelines.

6.2 Enforcement Actions

Violations of these Terms may result in:

• Warning and request for content modification
• Temporary suspension of account privileges
• Permanent termination of account
• Legal action and claims for damages

6.3 Appeals

Users may appeal enforcement decisions by contacting support@idea2create.com within 14 days of the decision. Appeals will be reviewed within 30 business days.

7.1 Platform Liability

To the maximum extent permitted by Swiss law (Art. 100 Swiss Code of Obligations), Idea2Create's liability is limited as follows:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not liable for any loss of profits, data, goodwill, or business opportunities

7.2 No Warranty

The platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties of uninterrupted or error-free service

7.3 Third-Party Content

Idea2Create acts as an intermediary platform and is not responsible for the Ideas, content, or conduct of users. Transactions are solely between Creators and Investors.

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.2 Jurisdiction

For disputes arising from these Terms, the exclusive place of jurisdiction shall be Zurich, Switzerland. However, Idea2Create reserves the right to bring proceedings at the user's domicile.

9.3 Alternative Dispute Resolution

Before initiating formal legal proceedings, parties agree to attempt resolution through good-faith negotiation for a period of 30 days. For EU consumers, the European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/odr.

10.1 Termination by User

You may terminate your account at any time through the account settings. Upon termination:

• Your access to the platform will be immediately revoked
• Published Ideas may be removed from the marketplace
• Completed transactions and their records will be retained as required by law
• Any outstanding fees remain payable

10.2 Termination by Idea2Create

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity (24 months or more)
• Business reasons with 30 days' prior notice

10.3 Effect of Termination

Sections regarding intellectual property, limitation of liability, indemnification, and governing law shall survive termination of these Terms.

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Idea2Create regarding the use of the platform.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

12.3 No Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time.

12.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Idea2Create may assign these Terms in connection with a merger, acquisition, or sale of assets.

12.5 Language

These Terms are drafted in English. In case of any discrepancy between translations, the English version shall prevail.