Terms of Service

These Terms of Service ("Terms") govern the relationship between HICONIUM AG, a Swiss stock corporation registered with the Commercial Register of the Canton of Zürich under no. CHE-253.791.128, with its place of business at Badenerstrasse 567, 8048 Zürich, Switzerland — and the business entity or business individual using the Hiconium platform.

The Hiconium platform is a curated intelligence service for collectible motor vehicles, providing digital garage management, valuation intelligence, and curated market access for collectors, dealers, and selected partners. These Terms constitute a binding agreement between you and Hiconium.

By creating an account, accessing, or using any part of the Hiconium platform (the "Platform"), you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must not use the Platform.

These Terms are concluded between commercial parties only. By accepting these Terms, you confirm that you are using the Platform exclusively in your commercial, professional, or business capacity.

In these Terms, the following capitalized terms carry the meanings defined below. References to laws, regulations or codes follow the law as amended from time to time. Headings are convenience only.

These Terms become binding upon (a) Member’s acceptance during Account creation, (b) Member’s continued use of the Platform after notice of changes, or (c) execution of a separate written agreement that incorporates these Terms by reference.

The English version of these Terms is the binding version. Translations into other languages, if provided, are for convenience only and have no legal effect.

The Platform is currently in a pre-launch and early-access phase. Until Hiconium declares the Platform generally available, all features are provided on a beta basis and subject to the additional limitations set out in Article XI.

By creating an Account, Member represents and warrants that Member is acting on behalf of a legal entity or as a self-employed professional in connection with that activity, is at least eighteen (18) years of age, has full legal capacity, and where Member acts on behalf of a legal entity, is duly authorized to bind that entity to these Terms.

Member is not a consumer within the meaning of Article 14 of EU Directive 2011/83/EU, § 13 of the German Civil Code (BGB), § 1 of the Austrian Consumer Protection Act (KSchG), or analogous provisions in any other jurisdiction.

Member represents and warrants that Member, its beneficial owners, and its directors are not listed on any sanctions list maintained by SECO, the European Union, the United Kingdom, OFAC, or the United Nations, nor located, organized, or resident in any jurisdiction subject to comprehensive trade sanctions.

Membership is granted at Hiconium’s sole and absolute discretion. There is no right to admission. The Platform recognises three classes of Members: Collectors, Dealers, and Partners — each potentially subject to additional terms in the relevant Annex.

Member is responsible for the confidentiality of all credentials associated with the Account, including passwords, second-factor devices, and the Member Key. Member must promptly notify Hiconium of any suspected unauthorized access by writing to security@hiconium.com.

Hiconium may add, modify, restrict, or discontinue Modules and individual features at any time, subject to reasonable notice for material changes affecting paid features. No specific Module or feature constitutes an essential element of the contractual relationship unless expressly designated as such.

Member retains all intellectual property rights, ownership rights, and any other rights in Member Content. The licence Member grants Hiconium is non-exclusive, royalty-free, worldwide and sublicensable to Hiconium’s processors, sub-processors and Affiliates — for the purposes of operating the Platform, producing Module outputs at Member’s direction, and producing aggregated, anonymized statistics.

The presence of Member Content on the Platform does not constitute an endorsement, verification, or warranty by Hiconium. We may remove, restrict, hide, or modify Content that we reasonably believe violates these Terms, infringes third-party rights, or poses a security, legal or reputational risk.

Hiconium may produce, retain indefinitely, and use aggregated and anonymized data derived from Member Content that does not identify Member or any specific vehicle — for Platform improvement, valuation models and editorial publication.

In response to a violation, Hiconium may issue a warning, remove Content, suspend or terminate the Account, prohibit re-registration, refer the matter to authorities where appropriate, and pursue all remedies available at law.

The trademark Hiconium (Swiss trademark registration no. 799587) and related marks, logos and trade names are owned by HICONIUM AG. Other marks of Hiconium, including without limitation MONUMENTA and HICON-SCORE, are owned by HICONIUM AG, by an Affiliate, or by Hiconium’s licensors. Member is granted no right to use any Mark except as expressly permitted in writing.

Subject to compliance with these Terms, Hiconium grants Member a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence — for the duration of the Account — to access and use the Platform for Member’s own internal business purposes. No other rights are granted by implication, estoppel, or otherwise.

Any suggestions, feedback, ideas, or proposals submitted by Member regarding the Platform may be used by Hiconium without restriction or compensation. To the extent permitted by law, Member assigns to Hiconium all rights, title, and interest in such feedback.

Pricing, billing cycles (typically monthly), payment methods, currencies (typically Swiss Francs and Euros), and applicable taxes will be communicated to Member with no less than thirty (30) days’ prior notice. Continued use of paid features following activation constitutes acceptance of the applicable fees.

All fees are exclusive of value-added tax, sales tax, customs duties, withholdings, and other governmental charges. For business-to-business transactions within the European Union, the reverse-charge procedure may apply where Member provides a valid VAT identification number.

Subscription fees are paid in advance and are not refundable for partial periods, except where mandatory law provides otherwise. Overdue amounts bear default interest at the rate of five percent (5%) per annum, in accordance with Article 104 of the Swiss Code of Obligations. Hiconium may change prices for ongoing subscriptions with no less than sixty (60) days’ prior notice — Member may terminate the affected subscription before the price change takes effect.

Member acknowledges that HICONIUM AG is part of a group of companies under common ownership, including 1986 AG (Zürich, Switzerland) and HOF Manufaktur GmbH (Sindelfingen, Germany). 1986 AG operates as a dealer and distributor of collectible motor vehicles. HOF Manufaktur GmbH operates as a Mercedes-Benz vehicle refinement specialist.

The Platform is provided "as is" and "as available". Hiconium does not commit to specific uptime, response times, or availability targets unless expressly agreed in a separate written service-level agreement. We may suspend access for scheduled or unscheduled maintenance, security incidents, or technical or commercial reasons.

Features designated as "beta", "preview", "early access" or similar are provided for evaluation purposes, may be unstable, and may be modified, withdrawn, or made subject to additional terms at any time. Hiconium’s liability with respect to beta features is limited to the maximum extent permitted by law.

Hiconium may discontinue any Module or the entire Platform with no less than ninety (90) days’ notice, in which case Members will be provided with a reasonable opportunity to export Member Content prior to discontinuation.

Member acknowledges that decisions of significant economic, legal or fiscal consequence — purchase, sale, insurance, valuation for inheritance or tax, or any litigation — must not be based solely on Platform output. Member is responsible for obtaining independent professional advice as appropriate.

Hiconium is not liable for indirect, consequential, incidental, special, exemplary, or punitive damages — including lost profits, lost revenue, lost business opportunities, lost or corrupted data, loss of goodwill, loss of anticipated savings, or substitute service costs.

These limitations do not apply to liability for personal injury or death caused by Hiconium’s gross negligence or willful misconduct, liability under mandatory product-liability law, or any other liability that cannot be lawfully excluded. Any claim must be asserted in writing within twelve (12) months of the event, except where mandatory law provides for a longer period.

Member will defend, indemnify and hold harmless Hiconium, its Affiliates, and their respective directors, officers, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty or expense — including reasonable legal fees — arising out of Member’s breach of these Terms, Member Content, transactions concluded between Member and any other party, or Member’s violation of any law, regulation or third-party right.

Hiconium will notify Member promptly of any indemnifiable claim, cooperate reasonably in the defence, and not settle without Member’s prior consent — such consent not to be unreasonably withheld. Hiconium may participate in the defence with counsel of its choice at its own expense.

Member may terminate the Account at any time by following the in-Platform termination procedure or by written notice to support@hiconium.com. Termination takes effect at the end of the current paid billing period, where applicable.

On termination, Member’s right to use the Platform ceases immediately. Member may export Member Content during a thirty (30)-day window following termination, after which Member Content will be deleted, subject to applicable retention obligations. Encrypted Sensitive Documents are deleted with the corresponding storage records — Hiconium does not retain any decryption capability.

Sections on Definitions, the licence to Hiconium with respect to Content used prior to termination, Aggregated Data, Intellectual Property, Warranties, Limitation of Liability, Indemnification, the Effects of Termination and Governing Law survive termination.

Notice is provided by email to the address registered with the Account or by prominent in-Platform notice. The notice period is thirty (30) days for non-material modifications and sixty (60) days for material modifications — including changes to fees, scope of liability, scope of services, or governing law and jurisdiction.

Continued use of the Platform after the effective date of a modification constitutes acceptance. If Member does not accept a modification, Member must terminate the Account before the effective date. Material modifications during a paid subscription period give Member the right to terminate that subscription effective on the date of the modification, with refund of pre-paid fees for the unused portion.

Modifications required by applicable law or by an order of a competent authority may take effect with shorter notice or immediately, as required.

The substantive laws of Switzerland apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Swiss conflict-of-laws rules. The courts of the city of Zürich have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Hiconium may, at its option, alternatively bring proceedings against Member at Member’s place of business.

To the extent that, contrary to the representation in Article III, a Member is determined by a competent authority to be a consumer under the mandatory law of its country of habitual residence, the mandatory consumer-protection provisions of that country remain unaffected.

Before initiating litigation, the parties will attempt in good faith to resolve disputes through written negotiation between authorized representatives for a period of at least thirty (30) days, except where urgent injunctive relief is required.