Terms of Service | LuxuryBroker.com – Swiss Legal Standard

Version 2.4 — Effective August 1, 2026 · Governed strictly by Swiss Law.


1. Operator, Target Market and Scope

1.1 Operator. These 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 using the platform operated at https://www.luxurybroker.com/ (the "Platform").

1.2 Primary Focus on the Swiss Market. The Platform is a digital software infrastructure designed primarily for professional brokers, dealers, and advisory firms operating in or from Switzerland and Liechtenstein, as well as international entities offering high-value assets to the Swiss market and global buyers.

1.3 B2B Only (Exclusion of Consumers). The Platform is strictly a business-to-business (B2B) infrastructure. Membership and listing capabilities are exclusively available to commercial entities, licensed brokers, and verified professional firms. Consumers (Konsumenten within the meaning of Swiss law) are expressly excluded from acquiring Membership or publishing listings.

1.4 Acceptance. Members accept these Terms upon submitting an application for accreditation or uploading listing materials. Visitors accept them by browsing or using the Platform.


2. Nature of the Infrastructure

2.1 Swiss Software & Listing Infrastructure. The Operator provides a digital B2B listing directory and portfolio management software for high-ticket assets across four core categories: Prime Real Estate, Business Aviation, Superyachts, and Fine Automobiles.

2.2 No Brokerage, No Agency, No Transaction Involvement. The Operator acts purely as a software provider. The Operator is not a licensed real estate broker, intermediary, agent, or escrow service. The Operator is never a party to any negotiation or transaction concluded between Users, holds no client transaction funds, and claims zero commission or transaction revenue share.

2.3 No Asset Inspection. The Operator conducts formal checks for basic completeness but does not inspect, appraise, or verify legal title (Eigentumsverhältnisse) to any listed asset. Statements regarding an asset are exclusively the representations of the Member who listed it.


3. Accreditation & Admission

3.1 Eligibility. Admission is strictly limited to licensed brokers, established dealerships, and corporate advisory entities with demonstrable commercial activity in Switzerland or recognised international luxury markets.

3.2 Verification. Prior to account activation, the Operator verifies:

  • a) Official registration in the Swiss Commercial Register (Handelsregister) or equivalent foreign corporate registry;

  • b) Proof of active commercial trading in the relevant asset category;

  • c) Identity of the authorized corporate representative;

  • d) Screening of the entity and its ultimate beneficial owners against official Swiss (SECO) and international sanctions lists 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 categories with no per-listing fees or portfolio restrictions.

4.2 Zero Commission. 100% of any earned commission remains with the Member. The Operator claims no transaction percentage.

4.3 Contractual Currency & Standard Fees (Applicable from September 1, 2027).

CHF (Swiss Francs) is the sole contractual currency. All fees are stated net:

  • Monthly Subscription: CHF 990 / month

  • Annual Subscription: CHF 9,900 / year (Includes 2 months free)

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. Accounts approved during the 2026/2027 launch phase receive a Founding Membership:

  • a) Complete, unlimited access complimentary through August 31, 2027;

  • b) No credit card or payment details are required to start;

  • c) The Operator shall notify the Member in writing at least sixty (60) days prior to August 31, 2027, regarding continuation options;

  • d) Membership converts to a paid subscription only upon express confirmation by the Member. Without confirmation, the account is downgraded, listings are unpublished, and no fees are charged.


5. Content, Intellectual Property & Concierge Execution

5.1 Content Rights. The Member retains full intellectual property ownership of all submitted text, images, video, floor plans, and documentation ("Member Content").

5.2 Operating Licence. The Member grants the Operator a non-exclusive, worldwide, royalty-free licence to host, format, display, and index Member Content solely for operating and promoting the Platform.

5.3 Concierge Service & Direct Live Publishing.

  • a) Where the Member utilizes the Concierge Service (submitting raw files, PDFs, links, or voice notes), the Operator formats and structures the listing.

  • b) Direct Live Publishing: To eliminate administrative bottlenecks and time-zone friction, Concierge-engineered listings 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, and authorization of all published assets.


6. Prohibited Conduct & Data Scraping Prohibition

6.1 Data Scraping Prohibited. Systematic harvesting, automated web scraping, or extraction of listing data or contact details for commercial purposes or competing databases is strictly prohibited.

6.2 Contractual Penalty (Konventionalstrafe). Any Member who breaches Clause 6.1 shall pay a contractual penalty of CHF 10,000 per violation under Art. 160 ff. of the Swiss Code of Obligations (OR). Payment of the penalty does not preclude the Operator from claiming further damages or obtaining injunctive relief.


7. Sanctions & Anti-Money Laundering (AML) Compliance

7.1 SECO Sanctions Warranty. The Member warrants that neither its corporate entity, beneficial owners, nor clients represented are subject to economic sanctions administered by the Swiss State Secretariat for Economic Affairs (SECO).

7.2 AML Compliance. The Member is solely responsible for fulfilling its own statutory obligations under the Swiss Anti-Money Laundering Act (Geldwäschereigesetz / GwG) or foreign equivalents concerning transactions executed with end-buyers.


8. Data Protection (Swiss FADP)

8.1 Swiss Sovereign Data Processing. Personal data is processed strictly under the Swiss Federal Act on Data Protection (Datenschutzgesetz / FADP). Primary databases supporting the application are hosted on dedicated server infrastructure physically located in Switzerland.

8.2 Data Privacy Inquiries. All data protection requests, access inquiries, or deletion requests must be submitted directly to the Operator at [email protected].


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 Exclusion of Liability. To the maximum extent permitted by Swiss law, liability for slight or medium negligence, indirect damages, lost profits, or business interruption is 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. Governing Law and Exclusive Swiss Jurisdiction

10.1 Governing Law. These Terms and all legal relations arising between the Operator and Users 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).

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

Last Updated: August 1, 2026

Operator: Alexander Baum, Felsberg, Switzerland

Contact: [email protected]