Terms of Use

Last updated: November 1, 2025

1. Acceptance of Terms

By accessing or using ExuComp ("the Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must immediately discontinue use of the Site. These Terms constitute a legally binding agreement between you and Smitteck GmbH ("the Company"), the owner and operator of the Site.

The Company reserves the right to update or modify these Terms at any time without prior notice. Any changes take effect immediately upon publication on the Site. Continued use after such changes indicates your acceptance of the revised Terms.

2. Ownership and Legal Entity

The Site is owned and operated by Smitteck GmbH, a company incorporated and existing under the laws of Switzerland, registered in the Canton of Zurich. All rights, titles, and interests in the Site, including its design, software, and underlying infrastructure, belong to Smitteck GmbH unless explicitly stated otherwise.

Unauthorized use of the Site or its materials may constitute a violation of Swiss intellectual property laws and international treaties.

3. Purpose and Scope

ExuComp is an executive compensation intelligence platform that provides analysis, tracking, and benchmarking of executive compensation trends. The information provided:

  • is for general informational and analytical purposes only,
  • does not constitute or substitute for professional legal, financial, or compensation consulting advice,
  • may not reflect the most current compensation developments, and
  • should not be relied upon for decision-making without consulting qualified professionals.

The Site does not offer personalized legal, financial, or compliance guidance. Any use of the information provided is at your own risk and discretion.

4. No Professional Advice or Relationship

Your use of this Site does not create any form of advisor-client, consultant-client, or fiduciary relationship between you and Smitteck GmbH, its employees, or contributors. Communications sent via the Site or any associated contact forms are not confidential and should not contain sensitive or privileged information.

5. Accuracy and Completeness of Information

Smitteck GmbH strives to ensure that the information presented is accurate and up to date. However, given the evolving nature of executive compensation and regulatory requirements, no guarantee is made as to the accuracy, reliability, or completeness of any content on the Site. The Company expressly disclaims responsibility for:

  • outdated or incomplete information,
  • interpretation errors in AI-generated analysis,
  • or any loss or damage resulting from reliance on the Site's materials.

You are encouraged to verify all information with official company filings, regulatory documents, or qualified professionals.

6. No Warranties

The Site and all its content are provided "as is" and "as available" without warranties of any kind, whether express or implied. Without limitation, Smitteck GmbH makes no warranty that:

  • the Site will be available at all times, error-free, or secure;
  • the information is accurate, reliable, or suitable for any purpose; or
  • any compensation data or analysis is current or complete.

To the fullest extent permitted by law, all implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly excluded.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Smitteck GmbH, its directors, employees, affiliates, contractors, or partners shall not be liable for any losses or damages of any kind—whether direct, indirect, incidental, consequential, or punitive—arising from:

  • access to, use of, or inability to use the Site;
  • reliance on any information contained herein;
  • links to third-party resources; or
  • any technical errors, omissions, interruptions, or data loss.

This limitation applies even if Smitteck GmbH has been advised of the possibility of such damages. You agree that your sole remedy for dissatisfaction with the Site is to discontinue its use.

8. Indemnification

You agree to indemnify, defend, and hold harmless Smitteck GmbH, its officers, employees, affiliates, contractors, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from or related to your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

9. Intellectual Property Rights

All content on the Site—including text, graphics, data, databases, compilations, logos, and design elements—is protected by Swiss and international intellectual property laws. You may:

  • view and temporarily cache materials for personal use; and
  • cite or quote brief excerpts with proper attribution to ExuComp.

You may not reproduce, republish, distribute, modify, scrape, or commercially exploit any material without prior written consent from Smitteck GmbH.

10. Third-Party Links and Content

The Site may include links to external websites, databases, or resources operated by third parties. These are provided for convenience only. Smitteck GmbH does not endorse, control, or assume responsibility for the content, privacy practices, or availability of external sites. Accessing such links is at your own risk.

11. Data and Privacy

ExuComp collects and processes personal data and compensation information as described in our Privacy Policy. We handle all data in accordance with Swiss and EU data protection principles, including the General Data Protection Regulation (GDPR) where applicable.

A separate Privacy Policy provides detailed information about our data practices.

12. User Accounts and Access

To access certain features of the Site, you may be required to create an account. You are responsible for:

  • maintaining the confidentiality of your account credentials,
  • all activities that occur under your account, and
  • notifying us immediately of any unauthorized use.

13. Suspension or Termination

Smitteck GmbH reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate access to the Site or any part of it if it believes that a user has violated these Terms or applicable law. The Company shall not be liable for any resulting loss or inconvenience.

14. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or the use of the Site, shall be governed exclusively by the laws of Switzerland, without regard to conflict of law principles. The competent courts of Zurich, Canton of Zurich, Switzerland, shall have exclusive jurisdiction to resolve all disputes.

15. Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Smitteck GmbH concerning use of ExuComp and supersede any prior agreements, representations, or understandings, whether oral or written.