Version 2.6 — Effective September 12, 2026 · Governed strictly by Swiss Law.

1. Operator and Scope
1.1 Operator 
These Terms of Service ("Terms") govern the contractual relationship between Alexander Baum, sole proprietor, trading as LuxuryBroker.com, c/o RA Matutis, Rheinstrasse 71, CH-7012 Felsberg, Switzerland (the "Operator"), and any entity or individual accessing or using the web-based digital marketplace and platform operated at https://www.luxurybroker.com/ (the "Platform").

1.2 Scope of the Platform
The Platform is a digital web platform and B2B listing infrastructure for professional brokers, dealers, and advisory firms offering high-value assets to an international audience. The Operator is domiciled in Switzerland and the Platform is operated under Swiss law.

1.3 B2B Listing Platform
Membership and listing capabilities are exclusively available to commercial entities, licensed brokers, authorized dealerships, and verified professional firms. Consumers ("Konsumenten" within the meaning of Swiss law and EU consumer directives) cannot acquire Membership or publish listings. Consumers may submit buying or placement requests through the Off-Market Desk; such requests are routed to Members as a technical introduction and do not create a contractual relationship with the Operator.

1.4 Acceptance
Members accept these Terms upon submitting an application for accreditation, creating an account, or uploading listing materials. Visitors accept them by browsing, navigating, or utilizing any functionality of the Platform.

2. Nature of the Infrastructure & Legal Status
2.1 Swiss Web Platform & Digital Infrastructure
The Operator provides an online B2B listing directory, digital portfolio infrastructure, and request-routing platform for high-ticket assets across four core categories: Prime Real Estate, Business Aviation, Superyachts, and Automobiles.

2.2 Pure Hosting Provider & Marketplace Operator Status
The Operator functions solely as an information society service provider, web platform host, and technical intermediary. The Operator is not a licensed real estate broker, financial intermediary, agent, escrow service, or party to any transaction. The Operator is never a party to any negotiation, agreement, purchase contract, or transaction concluded between Users or third parties, holds no client transaction funds, and claims zero commission, finder's fees, or transaction revenue share.

2.3 Direct Inquiry Routing & Seller Lead Forwarding
Any buyer, seller, or placement request submitted via listing contact forms, WhatsApp, Email, or the Off-Market Desk is processed and forwarded strictly as an automated or unmediated technical relay to the respective listing Member. The Operator assumes no responsibility or liability for the responsiveness, qualification, financial standing, or outcome of interactions between counterparties. Upon receiving forwarded inquiry data, the Member becomes independently responsible for all further communication and statutory compliance. The Operator does not guarantee asset availability, counterparty response times, or the outcome of any introduction.

2.4 No Asset Inspection or Verification
The Operator conducts basic administrative checks for completeness but does not inspect, appraise, audit, or verify legal title (Eigentumsverhältnisse), ownership structure, or technical condition of any listed asset. Statements regarding an asset are exclusively the representations of the Member who provided the listing materials.

2.5 Availability, Pricing and No Investment Advice
All listings are subject to prior sale, lease, withdrawal or change of status without notice. Asking prices and availability are set by the Member and may change at any time. Information published on the Platform does not constitute financial, investment, legal or tax advice.

3. Accreditation & Admission
3.1 Eligibility
Admission is strictly limited to licensed brokers, established dealerships, corporate fleet operators, and corporate advisory entities with demonstrable commercial activity in Switzerland or recognized international luxury markets.

3.2 Verification Protocols
Prior to account activation, the Operator verifies the applicant's business details and evidence of active commercial trading in the relevant asset category. The Operator may, at its discretion, request an extract from a commercial register or equivalent foreign corporate registry, proof of professional licensing, or identification of the authorized representative, and may carry out sanctions screening under Clause 7.

3.3 Discretion
The Operator reserves the right to reject any membership application at its sole discretion without providing written reasons.

4. Membership, Fees and Swiss VAT
4.1 Scope
Active Membership entitles the Member to publish an unlimited number of assets across all four verticals with no per-listing fees or portfolio restrictions.

4.2 Zero Commission Policy
100% of any earned commission or transaction value remains with the Member. The Operator claims zero transaction percentage or revenue split.

4.3 Contractual Currency & Standard Fee Structure
CHF (Swiss Francs) is the contractual and invoicing currency for membership fees. Asset prices displayed on the Platform are set by Members and shown in USD; they are not part of the contractual relationship between Member and Operator. Standard membership fees following any promotional phase are communicated to the Member in writing prior to the expiration of complimentary access. All fees are flat-fee structures billed on a monthly or annual basis and charged net of statutory tax.

4.4 Swiss Value Added Tax (MWST)
For services provided to Swiss-domiciled entities, statutory Swiss Value Added Tax (Mehrwertsteuer / MWST) will be added to the invoice where legally required under the Swiss Value Added Tax Act (MWSTG). Foreign entities are responsible for accounting for tax under the reverse-charge mechanism in their respective jurisdictions.

4.5 Founding Membership Guarantee
Accounts approved during the launch phase receive a Founding Membership:
a) Complete, unlimited access complimentary for six (6) months from account activation;
b) No credit card or payment details are required to start;
c) Founding Members lock in preferential pricing terms and priority status prior to public membership pricing;
d) The Operator shall notify the Member in writing at least thirty (30) days prior to the end of the complimentary period regarding continuation options and exclusive upgrade terms;
e) Membership converts to a paid subscription only upon express written confirmation or opt-in by the Member. Without confirmation, the account is downgraded, listings are unpublished, and no fees are charged.

5. Content, Intellectual Property, Social Media Rights & Formatting Assistance
5.1 Content Ownership & Warranty
The Member retains all underlying intellectual property rights in and to all submitted text, specifications, photographs, floor plans, brochures, video materials, and audio-visual assets ("Member Content"). The Member expressly warrants that it owns or holds all necessary licences, third-party permissions, model releases, and author authorizations required to publish and commercialize the Member Content. The Member hereby fully indemnifies and holds harmless the Operator against any third-party claims, legal expenses, licensing demands, or copyright actions arising out of published Content. The same warranty and indemnity apply to any party submitting materials through the Off-Market Desk in respect of those materials.

5.2 Worldwide Operating & Marketing Licence (Including Social Media Distribution)
The Member grants the Operator a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence for the duration of the listing to:
a) Host, cache, format, display, distribute, translate, and index Member Content across the Platform;
b) Utilize, publish, excerpt, edit, reformat, and distribute Member Content (including photographs, video reels, and asset descriptions) across the Operator’s official external business channels and social media networks (including, but not limited to, Instagram, TikTok, YouTube, LinkedIn, X, Facebook, and WhatsApp Channels) for promotional, editorial, and syndication purposes. This licence does not extend to listings or materials marked as Off-Market or Confidential, which the Operator will not distribute outside the Platform without the Member's prior written consent;
c) Sublicense these materials to third-party social media platforms to the extent technically necessary under their respective standard terms of service.

5.3 Formatting Assistance & Direct Publishing
a) Where the Operator, at the Member's request, assists in formatting a listing from raw files, PDFs or links, the Operator structures the listing on behalf of the Member. Such assistance is offered at the Operator's discretion and is not a guaranteed component of Membership;
b) Direct Live Publishing: Listings formatted by the Operator are published directly live upon completion;
c) 24/7 Dashboard Control: The Member receives instant dashboard access to review, update, edit, or unpublish any listing at any time;
d) The Member bears ultimate legal responsibility for the factual accuracy, completeness, legal compliance, and authorization of all published assets.

6. Permitted Indexing, Prohibited Scraping & AI Exploitation
6.1 Permitted Search & AI Indexing vs. Prohibited Data Scraping
a) Permitted Indexing: Legitimate search engines and public generative AI discovery agents (e.g., Googlebot, GPTBot, PerplexityBot, ClaudeBot) are permitted to index and cite public Platform URLs strictly in accordance with our published robots.txt file and standard indexing protocols.
b) Prohibited Scraping & Mining: Systematic harvesting, mass data scraping, automated extraction of member directories, unapproved copying of listing media for competing commercial databases, or the unauthorized use of Platform data for training proprietary closed machine learning/AI models without prior written consent is strictly prohibited.

6.2 Contractual Penalty (Konventionalstrafe)
Any Member, User, or third party who wilfully breaches Clause 6.1(b) shall pay a contractual penalty of CHF 10,000 per violation or per day of unauthorized data processing pursuant to Art. 160 ff. of the Swiss Code of Obligations (OR). Payment of the penalty does not preclude the Operator from asserting claims for additional statutory damages or seeking immediate injunctive relief.

6.3 External Links
The Platform may contain links to third-party websites, virtual tours, or documentation hosted by Members. The Operator exercises no control over external sites and accepts no liability for their content, privacy practices or security.

7. Sanctions & Anti-Money Laundering (AML) Compliance
7.1 SECO Sanctions Warranty
The Member warrants that neither its corporate entity, beneficial owners, key personnel, nor the asset owners represented are subject to economic sanctions or trade embargoes administered by the Swiss State Secretariat for Economic Affairs (SECO) or equivalent international bodies (UN, EU, OFAC).

7.2 AML Compliance Responsibility
The Member is solely responsible for fulfilling its own statutory know-your-customer (KYC) and anti-money laundering obligations under the Swiss Anti-Money Laundering Act (Geldwäschereigesetz / GwG) or applicable international legislation concerning transactions executed with counterparties or end-buyers.

8. Data Protection & Confidentiality
8.1 Swiss Sovereign Data Processing
Personal data is processed strictly in accordance with the Swiss Federal Act on Data Protection (FADP / revDSG) and, where applicable, the EU GDPR. Application databases are hosted on secured server infrastructure physically located in Switzerland. Full details are governed by our Privacy Policy (https://www.luxurybroker.com/post/privacy).

8.2 Confidentiality of Off-Market Mandates
Where assets or requests are marked or communicated as "Off-Market" or "Confidential", the receiving party agrees to maintain strict confidentiality and refrain from publicly disseminating the information or bypassing the listing Member or submitting party without authorization. The Operator discloses the identity of a party submitting an Off-Market request only with that party's consent.

9. Liability & Warranties
9.1 Mandatory Swiss Law
Nothing in these Terms excludes or limits liability for unlawful intent (Absicht) or gross negligence (Grobe Fahrlässigkeit) pursuant to mandatory Swiss law (Art. 100 Swiss Code of Obligations / OR).

9.2 General Exclusion of Liability
To the maximum extent permitted by Swiss law, liability for slight or medium negligence, indirect or consequential damages, lost profits, reputational harm, data loss, or business interruption is fully excluded.

9.3 Aggregate Liability Cap
The Operator’s aggregate annual liability per contract year is capped at the higher of:
a) The total fees paid by the Member to the Operator in the preceding twelve (12) months; or
b) CHF 5,000.

10. Termination & Suspension
10.1 Ordinary Termination
Members may cancel their membership at any time via the account dashboard or by written notice (email to [email protected]) with effect from the end of the current billing or promotional period.

10.2 Suspension and Extraordinary Termination
The Operator reserves the right to immediately suspend access or terminate membership without notice if:
a) A Member breaches material provisions of these Terms (including Clauses 5.1, 6.1, or 7);
b) A Member becomes subject to official regulatory sanctions or insolvency proceedings;
c) Copyright infringement or unlawful third-party content claims are credibly raised against published listings.

11. Governing Law and Exclusive Swiss Jurisdiction
11.1 Governing Law
These Terms and all legal relations arising between the Operator and Users/Members are governed strictly and exclusively by substantive Swiss law (Schweizerisches Materielles Recht), excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 Exclusive Legal Jurisdiction
The exclusive place of jurisdiction (Ausschliesslicher Gerichtsstand) for all disputes arising out of or in connection with these Terms is Chur (Canton of Graubünden, Switzerland), being the competent court for the legal domicile of the Operator.