This document (hereinafter referred to as "Terms") constitutes conditions for the provision of Services (as defined below in Sections 1.2 and 5) by Skyline Digital AG ("Skyline") to you. In addition to the Terms, relationships pertaining to the provision of Services or any additional services, as the case may be, shall also be governed by separate individual agreements between you and Skyline as well as mandatory laws and other legal acts of Switzerland. The Privacy Policy and other additional policies as may be available on Skyline's website are deemed to form part of these Terms. You can access those documents through the Skyline's website. Please read these documents carefully.
1.1 Skyline is a corporation (aktiengesellschaft) existing and organized under the laws of Switzerland, legal entity code CHE-382.867.550, with registered office in the Canton of Zug.
1.2 Skyline is not a bank. Instead, Skyline is a regulated financial intermediary and operates under the Registration to provide its services in a non-custodial manner. Skyline does not deal with securities or Digital Assets representing securities. Skyline shall provide Client with the following services (hereinafter the "Services"):
1.3 You may contact Skyline by the means of communication listed on the Skyline's website under the menu item "Contact Us".
In these Terms, the following capitalized terms shall have the meaning set forth below:
"Account" means the Client's non-custodial, virtual interface registered before Skyline by means of which the Client may access the Services.
"AML" means anti-money laundering and anti-terrorist financing pursuant to the Laws.
"Authorized Person" means an employee or officer of the Client (or one of its affiliates, nominees, or agents) who has been designated by Client to be an authorized party of the Client to access and use the Account, to issue valid Instructions to Skyline as well as to send Digital Assets and Fiat for deposit into the Account and withdraw Digital Assets and Fiat from such Account under these Terms. Such persons will continue to be Authorized Persons of Client until such time as Skyline receives Instruction from Client that any such person is no longer an Authorized Person of Client.
"Client" and "you" means the account holder of record, either individually or on behalf of an entity as identified in the "Know-Your-Client" (KYC) process.
"DBA" means a double taxation agreement.
"Digital Assets" means a digital representation of value that can be digitally traded, or transferred, and can be used for payment or utility purposes (including, but not limited to cryptocurrencies such as Bitcoin and Ethereum), as well as stablecoins (including, but not limited to DAI, USDC, USDT) that do not include digital representations securities and other corresponding financial assets, and that is accepted by Skyline.
"Effective Date" has the meaning set forth in Section 8.
"Fees" has the meaning set forth in Section 7.1.
"Fiat" means currency of legal tender in accordance with valid laws.
"Final Exchange Rate" has the meaning set forth in Section 5.2.
"Indicative Exchange Rate" has the meaning set forth in Section 5.2.
"Instruction" means an instruction by the Client or an Authorized Person to Skyline with regard to the Digital Assets or any other aspect of the Services provided under the present Terms and that has been verified in accordance with a Security Procedure as described herein or, if no Security Procedure is applicable, which Skyline believes in good faith to have been given by an Authorized Person.
"Intellectual Property Rights" means all intellectual property and proprietary rights, registered or unregistered, arising out of or associated therewith (i) all patents and applications therefor and all reissues, reexaminations, divisions, renewals, extensions, provisionals, continuations and continuations-in-part thereof; (ii) all inventions (whether patentable or not), invention disclosures, improvements, mask works, trade secrets, proprietary information, know-how, technology, technical data and lists, and all documentation relating to any of the foregoing throughout the world; (iii) all works of authorship (whether copyrightable or not), all copyrights, copyright registrations and applications therefor, and all other rights corresponding thereto throughout the world; (iv) all industrial designs and any registrations and applications therefor throughout the world; (v) all software, source codes, and related documentation, and all rights therein throughout the world; (vi) all moral and economic rights of authors and inventors, however denominated, throughout the world; and (vii) any similar or equivalent rights to any of the foregoing anywhere in the world.
"Laws" means any and all regulations that are or may be applicable to Skyline, the Services and the Terms.
"Login Credentials" has the meaning set forth in Section 6.1.
"Order" has the meaning set forth in Section 5.2.
"OTC Trading" has the meaning set forth in Section 5.2.
"Personal Data" means any information relating to an identified or identifiable natural person pursuant to the applicable data protection and privacy Laws.
"Purchase Funds" has the meaning set forth in Section 5.2.
"Registration" means VQF supervised Swiss financial intermediary license to act as a financial intermediary and virtual asset service provider (VASP) under the member number 100998.
"Security Procedures" has the meaning set forth in Section 6.1.
"Services" has the meaning set forth in Section 1.2.
"Skyline" has the meaning set forth in the introduction.
"Target Funds" has the meaning set forth in Section 5.2.
"Term" has the meaning set forth in Section 8.
"Transaction" means any transaction related to and in connection with the Services and pursuant to these Terms.
"Waiting Period" has the meaning set forth in Section 5.1.
"Web Portal" means the platform, comprising the technology, hardware, and software, through which the Services are provided, including any code or software (such as payment pages, SDKs, and APIs) made available to the Client or for the Client's use under these Terms.
"Website" means https://www.skylinedigital.xyz or any of its sub-domains.
3.1 The onboarding process can vary in scope depending on the type of Client and can be changed or amended as needed due to internal risk policies of Skyline, change of legal framework, market conditions, or other circumstances relevant for Skyline to assess the Client. The Client must provide Skyline with all documentation and information requested as part of the onboarding process or any time thereafter. Skyline is entitled to request any type of information or documentation from the Client or the Authorized Persons necessary or useful for the provision of the Services. Client and its Authorized Persons are requested to go through a compliance process when registering with Skyline including Know-Your-Client (KYC) checks. Client is obliged to at any time provide further documents, information and updates of information upon Skyline's request and to inform Skyline on any material changes of documentation or information provided to Skyline as part of the onboarding process or which have been requested by Skyline thereafter.
3.2 There is no obligation of Skyline to onboard a Client within a certain time and Skyline reserves the right to reject any potential Client or cease the provision of the Services for compliance or other reasons at any time in accordance with internal rules and policies. Skyline is not obliged to provide any reasons for its decision. Skyline shall under no circumstances be liable for any loss or any unrealized gain of a Client because of an unfinalized or rejected onboarding.
4.1 After successful completion of the onboarding process, the Client may access the Account to use the Services via the Web Portal. The credentials to access the Account confer access the authorization to provide valid Instructions to Skyline. The Client shall not disclose Account credentials to anyone who is not authorized to provide valid Instruction to Skyline. Client is responsible for all activities that occur under the Account or are otherwise referable to the Account credentials. Skyline reserves the right to suspend or terminate the Account if the Client provides inaccurate, untrue, or incomplete information, or fails to comply with the Account registration/onboarding requirements as outlined in the present Terms.
4.2 The Web Portal, together with all its content, is provided "as is", without warranties or representations of any kind and may not be up to date. The Web Portal and the Account may be unavailable from time to time for any reason, including routine maintenance. The Client understands and acknowledges that due to circumstances both within and outside of Skyline's control, access to the Web Portal respectively the Account may be interrupted, suspended, or terminated from time to time due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet. The internet connection from the Client to the Web Portal is not in the responsibility of Skyline. The Client is responsible for the connectivity from his devices to the Web Portal and all security issues outside the Web Portal.
The Web Portal may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Client shall verify all information before relying on it, and all decisions based on information contained on the Web Portal are in the sole responsibility of the Client and Skyline shall have no liability for such decisions.
The Web Portal may contain third-party content or links to third-party websites. Skyline does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness. Any material downloaded or otherwise obtained through the use of the Services or the Web Portal is accessed at the Client's own discretion and risk.
Skyline is not a bank and performs all its Services in a non-custodial manner pursuant to this Agreement. Skyline does not deal with securities or Digital Assets representing securities. By processing a Transaction, Skyline may accept and hold Digital Assets and/or Fiat from the Client for a period of less than sixty (60) days but shall, in no case, custody such Digital Assets or Fiat. Skyline does not store Digital Assets nor the Digital Assets private keys of the exchanges or wallets in which such Digital Assets are held by the Client. Skyline will process transactions in accordance with the Instructions. Before submitting Instructions to Skyline, the Client should verify all Transaction information.
5.1(a) A Client or Authorized Person may initiate any Transactions via the Web Portal or other available communication channels. Such an initiation consists of an Instruction to Skyline to execute the respective Transaction. Skyline:
By initiating a Transaction, Client authorizes Skyline to submit Client's Transaction request to the Digital Asset network in accordance with the Instructions Client provides.
5.1(b) Calculation of the transferring amount. As soon as the Client instructs Skyline to process a transaction, Skyline will assess the type of transaction, volume, slippage and exchange rate of the pair to be traded. As soon as Skyline provides the final calculation of the amount to transfer, the Client either (i) if the request is initiated via the Web Portal, must authorize Skyline to execute the transfer by either granting an on-chain allowance to Skyline, or (ii) if the request comes through other channels, has thirty (30) minutes calculated from the receipt of the final calculation ("Waiting Period") to transfer the assets to Skyline without having the quote reviewed by Skyline. If the Client transfers the assets after the Waiting Period, Skyline may reject the transaction or request additional payment from Client in order to fulfill the transaction.
5.1(c) Transaction process. Client shall transfer Fiat and/or Digital Assets to Skyline, which will include the Fees, and Skyline may hold such transferred Fiat and/or Digital Assets for a maximum of sixty (60) calendar days. Client agrees that it considers the Instructions satisfied by Skyline once Skyline has transmitted the funds to the account(s)/wallet(s) instructed by Client minus the Fees. Skyline will provide a proof of payment, either a transaction transcript provided by Skyline's partner bank or a transaction ID, in case of a crypto payment. Should payment to the instructed party not be possible, Skyline shall reimburse the Client directly within twenty (20) calendar days, excluding the Fees and potential other costs related to the reimbursement, to the extent that it is technically, legally and commercially feasible.
5.2(a) Skyline offers OTC trading to the Client ("OTC Trading") which is also part of the Services. OTC Trading is offered with respect to a limited number of Fiat currencies and Digital Assets.
5.2(b) Order entry. OTC Trading includes the acceptance and execution of trade orders (each an "Order") placed by the Client (incl. spot trades). Each Order requires the Client to specify the amount of Fiat or Digital Assets the Client intends to sell ("Purchase Funds") and the Fiat or Digital Assets equivalent to be bought with the Purchase Funds ("Target Funds").
5.2(c) Applicable rates. Skyline will indicate the applicable exchange rate for an Order, including the Fee ("Indicative Exchange Rate"), which is an indicative quote. The final exchange rate will be determined at the time Skyline executes the Client's Order at Skyline's sole discretion and based on a best effort basis ("Final Exchange Rate"). Before an Order is executed, the Client — unless otherwise agreed upon — is required to hold a sufficient amount of Purchase Funds.
5.2(d) Execution. The Client must transfer the Purchase Funds within the specified Waiting Period. If the transfer occurs after this period, Skyline may reject the transaction and return the Purchase Funds, or request additional payment to proceed with the transaction.
By placing an Order, the Client unconditionally authorizes Skyline to remit the Purchase Funds to third parties, including affiliated or non-affiliated entities, exchanges, liquidity providers, or counterparties. Skyline retains the right to reject any Order at its sole discretion, without obligation to provide reasons, but will notify the Client accordingly.
Skyline may cancel an Order before final execution in case of an Event of Default, including but not limited to:
In such cases, the Client must compensate Skyline for designated and quantified losses, costs, and fees incurred, including those related to hedging or liquidating positions. However, compensation cannot exceed the Order amount.
If a post-trade settlement on credit was agreed upon and the Purchase Funds are not received on time, Skyline may unwind the transaction, selling the Target Funds or repurchasing the Purchase Funds. The Client must indemnify Skyline for any resulting losses, provided Skyline has not breached its obligations, and pay interest of 1% per month (calculated daily) on any outstanding amounts.
If Skyline cannot settle an accepted Order at the Final Exchange Rate due to a third-party default, Skyline may cancel the trade and refund the Order amount to the Client. If Skyline determines that an Indicative or Final Exchange Rate contained an obvious error, it may retroactively cancel or reverse the transaction within two (2) business days and refund the Client.
Client shall comply with any security procedures with respect to the delivery or authentication of Instructions ("Security Procedures") and shall ensure that any codes, passwords or similar devices ("Login Credentials") with regard to the Account are safeguarded in keeping with security best practices. The Client and the Authorized Persons agree to comply with the following Security Procedures:
The Client shall use the Services for exclusively legal, lawful and proper uses in accordance with these Terms and the Laws. The Client shall not use the Services for the following purposes:
6.3 Skyline reserves the right, without any prior notice or explanation, to refuse any person from using the Services or to terminate an existing relationship with the Client if Skyline has a reasonable doubt about the activity being carried out by the Client.
7.1 The Services are provided subject to payment of the respective fees set forth in separate agreements, fee schedule and/or the Web Portal (the "Fees"). All Fees payable by you to Skyline under these Terms will be paid net and free and clear of any taxes, deductions, withholdings, fees, commissions and duties whatsoever, including but not limited to blockchain "gas" fees and beneficiary and/or intermediary and/or correspondent bank fees.
7.2 Promotional Offers. Skyline may, from time to time, offer special promotional offers, plans or memberships. Offer eligibility is determined by Skyline at its sole discretion. The eligibility requirements and other limitations and conditions will be disclosed in communications made available to you.
8.1 These Terms shall become effective upon successful acceptance by the Client ("Effective Date") and shall remain in effect until terminated pursuant to these Terms ("Term").
8.2 Suspension. Skyline has the right to suspend or restrict the provision of the Services and/or refuse to complete, block or reverse any instructed transaction, or terminate these Terms unilaterally and without resorting to court where so required by Law and/or by any competent authorities with jurisdiction over Skyline or the Services.
Skyline has the right to suspend or restrict the provision of the Services immediately for at least one of the following reasons:
8.3 Skyline and the Client both may terminate the contractual relationship governed by these Terms at any time and without a requirement to state a reason. Termination shall be notified in writing (including electronic text) and is effective upon the receiving Party's receipt of such notice.
8.4 Upon termination of these Terms for whatever reason: (i) all rights granted herein shall terminate immediately; (ii) shall not exempt a Party from the due discharge of all obligations to the other Party arising before the date of termination; (iii) Transactions initiated before termination shall be completed in accordance with the provisions of these Terms before termination, unless otherwise agreed by the Parties; and (iv) all other performance obligations of both Parties shall cease. Within ten (10) days after the termination of these Terms, each Party shall return to the other Party, or shall destroy all physical and electronic copies of confidential information of the other Party.
8.5 Unless intentional, upon willful misconduct or gross negligence, Skyline shall not be liable for consequences arising out of the legal suspension or restriction of the provision of the Services and/or for refusing to complete, block or reverse a transaction initiated by the Client.
9.1 Exclusion of Liability. Skyline shall not be responsible for any loss or damage suffered by Client related to the Services unless this loss or damage is the result of intent, willful misconduct or gross negligence of Skyline. The liability exclusion also includes, without limitation, the following:
Neither Skyline nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, loss of profit, loss of data, loss of income or business opportunity arising out of these Terms.
In no event shall Skyline be liable for any damage, costs, or other liability in the event of downtime, systems failure, error, interruption, delay or other circumstances resulting in the inability to access the Web Portal or Account.
9.2 No-Warranty. Except as otherwise set forth in these Terms, the Services are provided "as is" and "as available", and the Client's use of the Services is at its own risk. To the maximum extent permitted by Law, the Services are provided without warranties of any kind, whether express or implied. Skyline does not warrant that the Services will operate error-free or that defects or errors will be corrected, will meet your requirements or will be available, uninterrupted or secure at any particular time or location.
9.3 Indemnification. The Client shall indemnify Skyline, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with the Services, any claim, complaint, action, audit, investigation, inquiry, or other proceeding that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms.
10.1 Title to and ownership of all Intellectual Property Rights in and to the Web Portal and other material which Skyline may provide to the Client for the provision of Services, including but not limited to all new versions, developments, enhancements, modifications, and/or derivative works relating to the Web Portal and the Services, shall remain vested absolutely in Skyline and/or its licensors. The Client shall not acquire any interest therein except to the extent that the Client is granted a license hereunder.
10.2 For the term of these Terms, Skyline grants to the Client a personal, limited, non-transferable, non-assignable, non-exclusive right to use the Web Portal and Services for internal purposes. Any other usage is strictly prohibited, including but not limited to:
10.3 The Client agrees that any and all rights resulting from the performance of these Terms shall be in the sole property of Skyline. The Client hereby assigns and transfers to Skyline its entire right, title and interest in any and all work results and Intellectual Property Rights resulting from the performance of or in connection with these Terms.
11.1 Skyline and the Client agree to treat all Confidential Information exchanged in connection with their business relationship as strictly confidential. This obligation remains in effect for three (3) years following the termination of the relationship, unless otherwise required by law or regulatory obligations.
Neither party shall disclose or use Confidential Information for any purpose other than to fulfill their obligations under these Terms, except where disclosure is:
Each party must take reasonable steps to prevent unauthorized disclosure by its employees, agents, or third-party service providers.
11.2 Confidential Information refers to any material or information obtained by either Party in connection with its obligations under these Terms that is considered confidential in the ordinary course of business. Confidential Information does not include information that: (a) becomes publicly available through no fault of the receiving Party; (b) was lawfully in the receiving Party's possession before disclosure; (c) is lawfully received from a third party without confidentiality restrictions; (d) is independently developed by the receiving Party; or (e) must be disclosed by law, regulation, or order of a competent authority.
12.1 The Client acknowledges that Skyline collects, stores, and processes data, including Personal Data, in accordance with applicable data protection laws. The principles governing such processing are outlined in Skyline's Privacy Policy, which forms an integral part of these Terms.
12.2 Skyline treats all business relationship data, including Personal Data, as confidential. However, the Client agrees that Skyline may disclose such data to comply with legal or regulatory obligations or to safeguard its legitimate interests. This includes disclosures required for transactions involving foreign jurisdictions.
12.3 Skyline may be required by law, market practices, or third-party service providers to disclose transaction-related data, including Client and beneficial owner information. The Client authorizes such disclosures, including on behalf of affected third parties, and acknowledges that recipients may not be subject to Swiss data protection laws or confidentiality rules.
12.4 The Client consents to Skyline processing and analyzing Personal Data, including third-party data, for service optimization, compliance, and marketing purposes. Skyline may record and analyze communications without prior notice, and such recordings may be used as evidence in disputes or for regulatory compliance.
13.1 In addition to other representations, warranties and acknowledgements made by the Client in these Terms, the Client specifically represents and warrants the following:
13.2 All information provided to Skyline is and shall continue to be true and complete, and shall be timely updated and corrected to maintain its status as true and complete.
14.1 Skyline has a right of lien at any given point in time for all of its current or future claims against the Client in connection with the Services with respect to all Digital Assets, Fiat balances, claims and other rights Skyline holds for the account of the Client. Immediately upon default by the Client, Skyline shall be entitled, with notice to the Client, to dispose of any assets over which it has a right of lien.
14.2 Skyline has the right to set-off any claims the Client may have against Skyline with any claims Skyline has against the Client provided the claims are arising from these Terms or which are related to Services in general. If amounts subject to set-off are denominated other than in Swiss Francs or the Client's reference Fiat, Skyline will convert such amounts in its discretion using a conversion rate selected at its sole discretion.
15.1 Outsourcing. Skyline may fully or partially outsource business areas and Services to group companies or to third party service providers within Switzerland and abroad. The outsourcing of business areas and Services may require the transfer of data, including client identifying data and data relating to the client relationship with Skyline, to third-party service providers. All group companies and third-party service providers are required to comply with confidentiality obligations; they may not use client identifying data for own or other purposes without the consent of Skyline.
15.2 Sub-contractors. The Client understands that Skyline may perform any of its duties or obligations under these Terms through subcontractors, agents or sub-custodians (including affiliates), whenever and on such terms and conditions as Skyline deems necessary or appropriate.
15.3 No Asset Management or Investment Advice. Skyline is not acting under these Terms as manager or investment adviser to the Client, and responsibility for the selection, acquisition and disposal of the Digital Assets remains with the Client at all times. Skyline shall have no obligation to explain or warn of any risks taken or to be taken by the Client.
The information on the Web Portal or provided via other communication channels does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, trading or selling Digital Assets or Fiat currencies. Skyline recommends seeking advice from legal and financial experts before starting to buy, trade or sell Digital Assets. Digital Assets are volatile and carry a high degree of risk.
15.4 AML. Under the Laws, Skyline shall require and retain documents, information and data confirming the Client's identity and any other relevant documents and/or information pertaining to AML. In this regard, Skyline:
15.5 Digital Asset Risks. The Client acknowledges the risks inherent with using the Services. In particular, the Client acknowledges that:
The Client agrees and understands that access and use of the Skyline Services is at the Client's own risk. For further description of risks regarding Digital Assets, refer to the separate document "Digital Asset Risk Disclosure" available on the Website.
16.1 The Client hereby confirms that it and/or the economic beneficiary/beneficiaries have complied and will continue to comply properly at all times with the applicable tax regulations with respect to the Digital Assets, Fiat balances and/or any transactions with such assets. You shall bear the responsibility for the fulfillment of tax obligations and all further requirements with regards to regulatory reporting obligations in connection with your assets, income, or individual transactions.
16.2 If a person is deemed to have full tax liability in more than one contracting state based on the country-specific regulations, any double taxation agreement (DBA) between the two contracting states is consulted for determining tax residence. Please consult your tax advisor for questions regarding your tax residence.
Client complaints relating to execution or non-execution of order of any kind, the Services or any other communication from Skyline must be lodged immediately upon receipt of the relevant communication, but at latest within the applicable notice period stipulated by Skyline. Otherwise, the relevant communication will be deemed to have been approved by the Client.
Skyline has put in place appropriate organizational measures to avoid conflicts of interest with the Client with respect to the provision of Services. Where this is not possible, Skyline shall disclose such conflicts of interest to affected Clients.
Skyline reserves the right to unilaterally amend or modify these Terms by notifying Client by any electronic means. Unless otherwise noted, the amended Terms will be effective immediately, and the Client's continued use of the Services will confirm the Client's acceptance of the changes. If the Client does not agree with the amended Terms, the Client must cease using the Services and terminate the Terms.
Non-performance by Skyline is excused if the non-performance was due to an impediment beyond its control (in particular but not limited to pandemics; breakdown of or damage to plants; shortage of energy; war; fire; work stoppages or other labor difficulties) and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the Terms or to have avoided or overcome it or its consequences. The Party who fails to perform must give notice to the other Party of the impediment and its effect on its ability to perform.
21.1 Entire Agreement. No oral side agreements have been made. Except as provided in Section 19, any modifications to these Terms must be in writing or in the electronic form.
21.2 Severability Clause. The invalidity or unenforceability of any provisions of the Terms shall not affect the validity or enforceability of any other provision of the Terms which shall remain in full force and effect.
21.3 Supervisory Status. Skyline Digital AG is supervised by the Self-regulatory Organization VQF (General-Guisan-Strasse 6, CH-6300 Zug).
21.4 Governing Language. The official text of these Terms and any schedules or exhibits attached hereto, and any notices given hereunder shall be in English. In the event of any dispute concerning the construction or interpretation of these Terms, reference shall be made only to these Terms as written in English.
21.5 Governing Law. All legal relations between the Client and Skyline shall be governed by substantive Swiss law, without regard to conflict of law principles and any international conventions applicable.
21.6 Dispute Resolution. Any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Center. The seat of the arbitration shall be Zurich, Switzerland. The arbitration proceedings shall be conducted in English.
21.7 Acceptance. These Terms will be deemed duly read, understood, acknowledged and accepted in electronic form by the Client if Client ticks the box at Skyline's Web Portal before submitting the onboarding application.
21.8 Assignment. Skyline may assign, in whole or in part, these Terms, or delegate all or any part of its rights, interests or obligations under these Terms without the prior written consent of the Client. The Client may not assign, in whole or in part, these Terms without the prior written consent of Skyline.
21.9 Survival. Any right or obligation of the Parties in these Terms, which by its express terms or nature and context is intended to survive termination, will survive any such termination.
21.10 Relationship of the Parties. The Parties are independent and nothing in these Terms shall be construed as to form a joint venture, partnership, employment relationship, agency or any other representation of the other Party.
21.11 Marketing. The Client acknowledges and agrees that Skyline may use, include and publish the Client's name and any public information concerning the business relationship in lists of Skyline's clients and in other materials (including online) for Skyline's marketing purposes, unless prevented from doing so by any legal or regulatory obligation.
21.12 No Waiver. Any failure or delay by Skyline in exercising any right under these Terms shall not operate or be interpreted as a waiver of Skyline's rights under these Terms. Any waiver of a right must be expressed and in writing.
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