Dated: 01.11.2025
A. General Terms and Conditions for the Platform (GTC Platform)
1. Scope and Agreement
These General Terms and Conditions govern the use of the Monty Capital SA platform (CapiWell), operated from Rue Du-Roveray 20, 1207 Geneva. By accessing and using the CapiWell Platform, users (the “Members”) agree to these Terms, which apply to all users, including Borrowers and Investors.
2. Membership
Membership is personal and non-transferable. Only natural persons aged 18 or older or legal entities meeting regulatory requirements may Monty Capital SA reserves the right to accept or reject membership applications without obligation to provide reasons. Members must provide complete, accurate, and truthful information and update it promptly. Membership may be terminated by the Member in writing; termination is effective only once all obligations toward the Platform and other Members have been fulfilled.
3. Use of the Platform
Members act at their own risk and responsibility in using the CapiWell Platform, including entering into loan agreements, purchasing shares, or purchasing loan Monty Capital SA does not grant loans, provide investment advice, or assume risk of default. Monty Capital SA may suspend or exclude a Member for violations or non- compliance without prior notice.
4. Fees
Usage fees are governed by the applicable fee schedule published on the CapiWell Platform and are subject to change with Members are responsible for paying applicable fees in a timely manner.
5. Data Protection and Privacy
Members consent to the collection, processing, and transfer of their personal data as described in the Privacy Policy, necessary for service provision and legal Monty Capital SA complies with all Swiss regulatory and data protection requirements.
6. Intellectual Property
All intellectual property rights in the content and technology of the CapiWell Platform remain with Monty Capital SA or its licensors. Members may use Platform content only for its intended purpose.
7. Liability
Liability of Monty Capital SA is excluded except for damages arising from intentional misconduct or gross negligence. No liability is accepted for technical disruptions or downtime.
8. Amendments and Notifications
Changes to these Terms will be announced on the CapiWell Platform or via Member Members have 30 days to object; absent objection, changes are deemed accepted.
9. Governing Law and Jurisdiction
Swiss substantive law Exclusive jurisdiction lies with the courts in Geneva, Switzerland.
10. Contact Information
Monty Capital SA
Rue Du-Roveray 20
1207 Genève
Switzerland.
Email : info@capiwell.ch
Phone : +41 22 35 50 076
B. General Terms and Conditions for Borrowers (GTC Borrower)
1. Loan Application and Agreement
Borrowers may apply for a loan via the CapiWell Platform by submitting accurate and complete information. Monty Capital SA conducts credit evaluations (Scoring) based on submitted documents and credit reports. Loan agreements are concluded solely between Borrowers and Monty Capital SA, after full refinancing by Investors. Borrowers agree to the use of their data for creditworthiness evaluation; data may be shared with credit bureaus (IKO, ZEK) and insurance companies as applicable.
2. Use of Personal Data
Borrowers consent to data processing, including sharing data with Investors or partners for service improvement and risk prevention. Borrowers may withdraw marketing consent in writing, but data necessary for contract execution and legal compliance will continue to be processed.
3. Payment and Fees
Borrowers must make payments using approved payment methods, including direct debit if requested. Fees are governed by the Fee Schedule; Monty Capital SA may apply fees for services, payment protection insurance, or other costs.
4. Rights and Obligations
Borrowers are responsible for timely and complete payments under the loan agreement. Monty Capital SA retains discretion to allocate unpaid amounts as it deems Borrowers authorize Monty Capital SA to grant Investors access to necessary personal and loan data, respecting confidentiality and regulatory limits.
5. Insurance
If payment protection insurance is purchased, Borrowers authorize disclosure of related data to insurers or mandated third parties.
6. Amendments to Terms
Monty Capital SA may update these Terms with prior notice; Borrowers may object within 30 days, otherwise acceptance is assumed.
7. Governing Law and Jurisdiction
Swiss law applies to all loan agreements and the relationship between Borrower and Monty Capital SA, with exclusive jurisdiction in Geneva.
8. Contact
Monty Capital SA,
Rue Du-Roveray 20
1207 Genève
Switzerland.
Email : info@capiwell.ch
Phone : +41 22 35 50 076
C. General Terms and Conditions for Investors (GTC Investor)
1. Investment and Loan Claims
Investors purchase loan claims assigned by Monty Capital SA under loan agreements between Borrowers and Monty Capital SA. No direct contractual relationship exists between Investors and Borrowers. Investments are made at the Investor’s sole responsibility and risk; Monty Capital SA does not provide investment advice.
2. Loan Claims Management
The operator manages loan claims comprehensively on behalf of Investors, including payments, communications, and enforcement.
Investors authorize the operator to act on their behalf regarding these loan claims.
3. Use of Personal Data
Investors consent to data processing necessary for Platform operation, including creditworthiness evaluations and reporting.
Limited disclosure of Borrower information to Investors is made only as necessary for legitimate interests and subject to regulatory guidelines.
4. Fees
Investors agree to pay fees according to the published fee schedule.
5. Liability
The operator’s liability is limited to cases of intentional misconduct or gross negligence; liability for slight negligence or indirect damages is excluded.
No guarantee is given regarding the performance of investments or loan repayments.
6. Amendments
The operator may amend these Terms with 30 days’ prior notice.
7. Governing Law and Jurisdiction
Swiss law governs, with Geneva as the exclusive jurisdiction.
8. Contact
Monty Capital SA
Rue Du-Roveray 20
1207 Genève
Switzerland
Email: info@capiwell.ch
Phone: +41 22 35 50 076
D. Definitions and Scope of Crowdfunding Models
D.1
The term Crowdfunding shall refer to all forms of participatory financing made available through the CapiWell Platform. This includes, without limitation:
- Donations-based crowdfunding, where contributions are made voluntarily, with or without consideration;
- Crowdlending, where investors provide repayable funds under a loan agreement in exchange for interest; and
- Crowdinvesting, where investors acquire participation rights or equity interests in the capital of a company.
D.2
These distinctions are of material importance and are hereby brought to the attention of all Users and potential Investors of the Platform.
E. Crowdfunding – Donations With or Without Consideration
E.1
Crowdfunding in the form of donations allows project initiators to seek financial contributions from the public for the realization of a project or initiative.
Where the predefined funding objective is achieved, the contributions shall be transferred to the project initiator; otherwise, the contributions shall be returned to the contributors.
E.2
Two principal categories of donation-based crowdfunding exist:
- Reward-based crowdfunding: Contributors receive non-financial rewards, such as symbolic gifts, products, or promotional items, as recognition for their support.
- Pure donation crowdfunding: Contributions are made without any form of compensation, akin to sponsorship or charitable giving. Such donations may, where applicable, give rise to tax benefits for the contributor under the relevant legal provisions.
F. Crowdlending – Loans With a Defined Return
F.1
Crowdlending refers to a model in which private individuals or institutional investors provide funds to Borrowers under a loan arrangement that specifies a fixed interest rate and repayment schedule.
F.2
The Borrower shall disclose, prior to any investment decision, the duration, interest rate, and repayment terms applicable to the loan. The Investor shall receive periodic repayments consisting of both principal and accrued interest.
F.3
The Platform operated by CapiWell facilitates crowdlending transactions between Borrowers, such as real estate developers or commercial entities, and Investors. Borrowers may utilize the funds raised as quasi-equity to finance real estate or development projects. Investors shall receive repayment of capital and interest upon completion or sale of the underlying project, as set out in the specific contractual terms of each transaction.
G. Crowdinvesting – Equity-Based Financing
G.1
Crowdinvesting enables Investors to acquire equity interests, participation certificates, or similar ownership rights in companies listed on the Platform.
G.2
This form of financing is primarily intended for start-ups and small or medium-sized enterprises seeking capital to expand their operations, particularly where access to conventional bank credit is limited.
G.3
In consideration of their investment, Investors receive equity instruments representing a proportional ownership interest in the company. Such investments may entitle the Investor to dividends in the event of distributable profits, as well as potential capital gains upon the transfer or sale of their participation.
H. Comparison Between Crowdinvesting and Crowdlending
H.1
Investments made through Crowdinvesting are subject to higher levels of risk, as neither the return nor the invested capital is guaranteed. The value of such investments depends on the operational and financial performance of the issuing company.
H.2
In contrast, Crowdlending provides a higher degree of predictability and contractual protection, as Borrowers are legally obliged to repay the loaned amount and any applicable interest in accordance with the loan agreement.
H.3
All investments involve an inherent risk of financial loss. The Platform operates in accordance with applicable Swiss regulations, providing Investors and Borrowers with a transparent and structured framework for participatory financing. Users are advised to assess their own financial situation and risk tolerance before engaging in any transaction.
