TERMS OF USE
1. INTRODUCTION
1.1 Web3Apis, a soon-to-be-established company with its headquarters in Road Town, Tortola, British Virgin Islands (BVI), anticipated address: Quijano & Associates Limited P.O. Box. 3159, and soon-to-be-registered (hereinafter referred to as the “Company”), shall provide the Platform and the Services described hereinbelow to the User, subject to the terms outlined herein.
1.2 The following Terms, together with the Privacy Policy, constitute a legally binding and enforceable contract between the User and the Company. Before accessing or utilizing the Services, the User must thoroughly read and comprehend the entirety of the Terms and the Privacy Policy. By accessing the Platform or utilizing any of the Services, the User acknowledges that he/she has carefully read, comprehended, and accepted to be bound by the Terms and the Privacy Policy.
1.3 IF THE USER DOES NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, HE/SHE MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.
2. DEFINITIONS
Capitalized terms in these Terms have the meaning set forth below:
2.1 “Account” – an account of the User created on the Platform;
2.2 “AML” – anti-money laundering;
2.3 “AML/CFT Law” – applicable anti-money laundering and countering the financing of terrorism law(s);
2.4 “Applicable Law” means any relevant documents such as acts, statutes, regulations, ordinances, treaties, guidelines and any other policies issued by any governmental organizations or supervisory authorities, including, but not limited to, the governing law stipulated under the laws of BVI which relate specifically to the Platform and/or the Services;
2.5 “Claim” means a service available by means of the Platform, available on the “Claim” tab, that allows the Purchaser to claim the Purchased Tokens in accordance with the Vesting Schedule, to which right to acquire has been granted to the Purchaser under the SAFT;
2.6 “Consumer” means any natural person who performs legal actions with the Company, which are not directly connected with his/her professional or business activity;
2.7 “Gas Fee” means payment for certain transactions that occurs on the blockchain, which remains out of the Company influence or control;
2.8 “ICT Systems” mean without limitation, all computers, communications, electronic, data processing or cloud systems used by the Company or the User in relation to the use and/or provision of the Services;
2.9 “KYC Procedure” means a “Know-Your-Customer” procedure that the Company carry out by means of the Third-Party Services to identify the User and obtain the relevant information as regulated under the Applicable law concerning AML and combating the financing of terrorism (“AML/CFT Law”);
2.10 “Platform” means an online platform operated by the Company on which the Services are provided, available at: https://presale.vtncommunity.xyz/
2.11 “Purchase Amount” as defined in the Token Purchase Terms;
2.12 “Purchase Term Sheet” means the form setting out the commercial terms of the SAFT described in Clause 11.5., which is an integral part of the SAFT;
2.13 “Privacy Policy” means all documents regulating privacy policy for the Platform and its Services, available at: https://presale.vtncommunity.xyz/privacy-policy
2.14 “Prohibited Jurisdictions” means any country or jurisdiction in which, conducting any activity related to crypto-assets is prohibited or restricted;
2.15“Purchased Tokens” as defined in the Token Purchase Terms;
2.16 “Purchaser” means the User that has concluded SAFT Agreement with the Company;
2.17 “SAFT – Simple Agreement for Future Tokens; an agreement which may be concluded between the User and the Company by the means of the Platform, under which: i) the User undertakes to transfer certain Purchase Amount and ii) the Company undertakes to grant the right for future $VTN Token(s), to generate and transfer to the User certain number of $VTN Token(s). The text of SAFT consists of (i) the Token Purchase Terms, and (ii) the Purchase Term Sheet;
2.18 “SAFT Uploaded” means simple agreement for future tokens concluded between the given Purchaser and the Company outside the Platform’s ecosystem, uploaded on the Platform;
2.19 “Services” means any services provided by the Company to the Users on the Platform. Types of Services are (i) Access to the Platform; (ii) Wallet connection; (iii) KYC Procedure; (iv) Creation of Account, (v) SAFT Conclusion; (vi) Claim;
2.20 “Token Purchase Terms” means a document setting general terms and conditions constituting part of the SAFT, available under the address https://presale.vtncommunity.xyz/token-purchase-terms;
2.21 “Third-Party” means any party other than the Company;
2.22 “Third-Party Service” means software or services provided by the Third-Party that are the part of the Platform or the Services;
2.23 “Transaction Fee” means a handling fee resulting from the use of the Blockchain technology in transactions carried out on the Platform as part of the Claim service. The User will be informed of the amount of this fee before participating in the given transaction;
2.24“Vesting Schedule” means vesting schedule of the $VTN Tokens;
2.25“Virtual Assets” means collectively cryptocurrencies available on the Platform;
2.26“User” means any natural person or entity using the Services described in these Terms;
2.27 “Wallet” means a cryptocurrency wallet or wallets owned by the User and connected by the User to the Platform;
2.28 “Web3 Services” means the following Services: (i) SAFT Conclusion, (ii) Claim;
2.29 “$VTN Token” means a cryptographic token which functions as the Platform’s native token, giving its owners certain utilities related to the Platform and its Services, and which are generated by the Company.
3. CONTACT
3.1 The User can contact the Company in matters relating to the Platform or the Services using one of the following channels:
a) e-mail: [email protected] ;
b) Telegram: https://t.me/vottuncommunity/1 – to use this channel, the User shall have an active Telegram account;
c) Discord: https://discord.gg/UMQNfZrm – to use this channel, the User shall have an active Discord Account
3.2 The Company may contact the User using the same contact channels as set out in Clause 3.1. above. If the User uses these communication channels, the User agrees that the Company may communicate with the User through these channels in response.
3.3 The Company may also communicate with the User i) by posting an information on the Platform, ii) via the Platform’s interface to the account assigned to the User, or iii) by sending the User an e-mail to the e-mail address that the User has previously provided to the Company.
4. PURPOSE OF THESE TERMS
4.1 The Terms govern the terms and conditions for the conclusion of SAFT regarding purchase transaction of the $VTN Tokens between the Company as the issuer of the $VTN Tokens and the User of the Platform.
4.2 The Platform enables the Users to use the Platform and its Services which consists of: (i) Access to the Platform, (ii) Wallet connection, (iii) Access to KYC Procedure, (iv) Creation of Account, (v) SAFT Conclusion, (vi) Claim, which are fully integrated with each other. These Terms sets out the principles of the Services.
5. REQUIREMENTS TO USE THE PLATFORM AND/OR THE SERVICES
[Technical requirements]
5.1 The technical requirements necessary to work with the Platform are as follows:
a) a device connected to the Internet with the latest, full version of Chrome, Safari browser;
b) cookies (optional) and javascript (obligatory) enabled in the browser;
c) screen resolution when displaying the Platform is at least 1280×720 pixels.
[Additional technical requirements for Web3 Services]
5.2 The additional technical requirements necessary to use the Web3 Services:
a) having an active email address,
b) possession of a Wallet.
[Other requirements]
5.3 The User must:
a) be at least 18 years old or of the legal age in accordance with the law of the User’s residence at the time of the registration;
b) have the full legal capacity to conclude the contract between the User and the Company on the use of the Platform and the Services;
c) if the User intends to conclude the SAFT with the Company – (i) have the full legal capacity to perform such agreement;
d) if applicable – be entitled to represent a legal entity to conclude the contract between such legal entity and the Company, as well as to conclude – if any – the SAFT. Such User represents that he/she has all consents required by the Applicable law in order to conclude the contract on behalf of the legal entity.
5.4 In order to use the Web3 Services, the User shall meet the following technical conditions: i) connecting the Wallet(s) to the Platform and (ii) undergoing the KYC Procedure – in accordance with the provisions below. For avoidance of doubt, the conditions referred to in the preceding sentence are not legal conditions within the meaning of the civil law.
5.5 IF THE USER IS NOT OF THE LEGAL AGE OR HAS NOT FULL LEGAL CAPACITY, THE USER SHALL BE OBLIGED TO REFRAIN FROM ACCESSING AND USING THE PLATFORM AND SERVICES UNTIL THE USER REACHES THE LEGAL AGE OR GAINS THE FULL LEGAL CAPACITY.
6. TYPES AND SCOPE OF THE SERVICES
6.1 The types of the Services are as following:
a) Access to the Platform;
b) Creation of Account;
c) Wallet connection;
d) KYC Procedure;
e) SAFT Conclusion,
f) Claim.
6.2 The contract between the User and the Company on the use of the Platform and its Services is concluded as regards:
a) Access to the Platform service – when the User accesses the Platform for the first time;
b) the Account Service – when the User (i) clicks on the “Create Account” button (or button with equivalent information), (ii) chooses whether he/she wishes to register via a Third Party Service, i.e. Google, introduce the emai, (iii) declares that he/she familiarizes himself/herself with these Terms and the Privacy Policy and confirms this by clicking on the appropriate checkbox, (iv), completes with a positive result the steps to register the Account;
c) the Wallet connection service – when the User clicks the “Connect Wallet” button;
d) the KYC Procedure – when the User clicks the “KYC” button and proceeds with the KYC Procedure;
e) the SAFT Conclusion – when the User clicks the “SAFT Form” button (or button with equivalent information), fills in the Purchase Term Sheet, accepts the Token Purchase Terms and clicks “Accept” button (only for Users who connected the Wallet and underwent the KYC Procedure);
f) the Claim Service – when the User clicks the “Claim” button (only for Users who concluded SAFT).
6.3 For avoidance of doubt, the access to the Platform does not impose obligation on the User to conclude the SAFT.
6.4 Continued use of the Platform and Services is considered as consent to be bound by these Terms and acknowledgment of the Privacy Policy.
6.5 The User is authorized to use the Platform and/or the Services exclusively for his or her own use or the entity the User represents.
7. ACCESS TO THE PLATFORM
7.1 The access to the Platform is a service which enables the Users to access the content available on the Platform, including the content describing the Services contained on the Platform.
7.2 The Platform’s content, which includes graphical elements, is protected by copyright, trademark protection rights (or priority rights to register trademarks), other intellectual property. It is important to note that the Company does not assign any copyrights or provide any licenses to use the content available on the Platform or Services outside of the license set out in the Chapter 15 of these Terms. Therefore, any use of the Platform’s content, outside of the scope of the license, may constitute a breach of the Company’s intellectual property rights.
7.3 The access to the Platform service is free of charge.
8. WALLET CONNECTION
8.1 The Wallet connection service enables the Users to connect Wallet to his/her account on the Platform.
8.2 In order to connect the Wallet, the User must:
a) click on the proper button on the Platform, i.e. “Connect Wallet”; and then
b) proceed with the Third-Party provider’s form in order to connect the Wallet (for instance, the User will be obliged to provide the Wallet address, as well as may be obliged to undergo the KYC Procedure).
8.3 Each User may connect [entirely one Wallet].
8.4 The User acknowledges and understands that the Wallet is an external tool, specifically an electronic wallet, provided by the Third-Party that allows the User to engage in blockchain transactions on the Platform. It is important to note that the Company does not exercise any control over the operation of the Wallet(s) and cannot be deemed as a provider of such solutions. The provision of the Chapter 17 shall apply accordingly.
8.5 The Wallet connection service is free of charge.
9. CREATION OF ACCOUNT
9.1 To create an Account, the User must:
9.1.1 click on the “Register to Whitelist” button (or button with equivalent information),
9.1.2 User will receive an email with an access code and a link to access presale platform
9.1.3 declare that he/she familiarizes himself/herself with these Terms and the Privacy Policy and confirms this by clicking on the appropriate checkbox;
9.1.4complete with a positive result the necessary steps to register the Account.
9.2 The User is obliged to provide true and correct data.
9.3 The User can only create one Account.
9.4 The User is obliged to ensure that the data she/he has used to create your
9.5 Account is used exclusively by the User and kept confidential.
9.6 The Account is active after its creation.
The creation of the Account is free of charge.
10. KYC PROCEDURE
10.1 Due to the risks associated with the conclusion of the SAFTs and the risks of potential fraud, the Company implemented voluntarily the KYC Procedure in order to maintain a due diligence when concluding the SAFT via the Platform.
10.2 The KYC Procedure was implemented to ensure the integrity and transparency of the Users’ activities and the certainty of the Company’s operations. In addition, the KYC Procedure helps the Company to identify the Users by obtaining their personal data, which is necessary to e.g. enter into the SAFT and determine the parties of that agreement. Information on processing of the personal data is described in the Privacy Policy.
10.3 The access to the KYC Procedure service enables the Users to undergo the KYC Procedure, which is necessary to use the Web3 Services. The KYC Procedure is provided by the Third-Party provider, i.e. SumSub (Sum and Substance Ltd).
10.4 The Company does not hold any control over the functioning of the KYC Procedure and cannot be considered as a provider of such a solution. The provision of the Chapter 17 shall apply accordingly.
10.5 The KYC Procedure service is free of charge.
[General provisions of KYC Procedure]
10.6 The Company strictly prohibits and rejects the use of the Web3 Services:
a) by the Users located in the Prohibited Jurisdictions. For the avoidance of doubt, this restriction on the Web3 Services from the Prohibited Jurisdictions applies equally to residents and/or citizens of other nations while located in the Prohibited Jurisdiction. Any attempt to circumvent the restrictions by any person located in the Prohibited Jurisdiction, including providing false information regarding the User’s location, will be considered a breach of these Terms. The User must ensure that their location is not a Prohibited Jurisdiction before using the Web3 Services;
b) in order to perform any form of illicit activity, including money laundering, terrorist financing or violations of trade sanctions. The Web3 Services are not intended for use by individuals or entities on any PEP lists or subject to any United States, European Union, or other global sanctions or watch lists. Any attempt to use the Web3 Services for such purposes shall be considered a violation of these Terms. THE USER REPRESENTS THAT HE/SHE/IT IS NOT ON ANY SUCH LISTS.
10.7 The User warrants that the Virtual Assets on their Wallet(s) connected to the Platform come from legitimate sources and do not originate from illegal activities. The User agrees the Company may require the User to provide or otherwise collect the necessary information and materials as required per Applicable law or government orders to verify the legality of the source and use of the User’s Virtual Assets and/or funds.
10.8 The User acknowledges that the Company shall always cooperate with law enforcement authorities worldwide, without limitation, in connection with any criminal investigation. The Company has right to terminate any agreement with immediate effect if the User fails to comply with the terms of this Chapter.
[Risks associated with cryptography]
10.9 The Company explicitly disclaims any ownership or control over the Virtual Assets held by the Users on their Wallet. The User acknowledges and understands that the Virtual Assets, being beyond the control of the Company, are inherently exposed to various risks and uncertainties.
10.10 The User accepts and acknowledges each of the following risks:
a) the prices of crypto-assets are extremely volatile. Fluctuations in the price of all kinds of crypto-assets could materially and adversely affect the value of the Virtual Assets, which may also be subject to significant price volatility;
b) the Virtual Assets are digital assets that exist only by virtue of the ownership record maintained in the certain blockchain. All smart contracts are conducted and occur on the decentralized ledger. The Company has no control over, and make no guarantees, warranties or promises with in relation to smart contracts;
c) the Company will not be liable to the User for any losses the User incurs as a result of the User’s use of the blockchain technology. This includes, but is not limited to, losses, damages or claims arising from (i) the User error (e.g. forgotten access information (such as private keys, seeds or mnemonics or incorrectly construed smart contracts or other transactions); (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access or activities by the third-parties, including but not limited to the use of viruses, phishing, or other means of attack against the Platform or any other tool connected to the Platform. The Company is also not responsible for losses due to blockchains, or any other tool connected to the Platform, including but not limited to late report (or no report) by developers or representatives of any issues with the blockchain, including forks, technical node issues or any other issues having fund losses as a result;
d) there are inherent security risks in providing information and dealing online over the Internet. The Company implements appropriate technological and organizational safeguards to reduce the risk of any security breaches which could result in the accidental or unlawful destruction, loss, alteration, disclosure or access to the User’s information. The Company also releases periodic updates to reduce the risk of security incidents;
e) there are risks associated with using Internet-based assets, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that the third-parties may obtain unauthorized access to information stored on the Wallet(s). The User accepts and agrees that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays the User may experience when using blockchains, however caused;
f) a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Company ecosystem, and therefore the potential utility or value of Virtual Assets available on the Platform;
g) the Platform, the blockchains and the Virtual Assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Company continue to develop the Platform, or which could impede or limit the User’s ability to access or use the Platform or the blockchains, including access to the Virtual Assets, and new regulations or policies may materially adversely affect the development of the Company ecosystem, and therefore the potential utility of the Virtual Assets;
h) the User acknowledges that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the Platform, which could result in the theft or loss of the Virtual Assets. To the extent possible, it is intended to update the protocol underlying the Platform to account for any advances in cryptography and to incorporate additional security measures but does not guarantee or otherwise represent full security of the system. By using the Platform, the User accepts these inherent risks;
i) the User is aware of and accept the risk of operational challenges. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. The User agrees to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties. The Company does not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, the third-parties may make unauthorized alterations to the Platform or the software underlying the Platform. Accordingly, the User should verify all information on the Platform before relying on it, and all decisions based on information contained on the Platform are the User’s sole responsibility and we will have no liability for such decisions.
11. SAFT CONCLUSION
[General overview]
11.1 The SAFT Conclusion service allows filling in the Purchase Term Sheet, familiarizing with the Token Purchase Terms and conclusion of the SAFT. The User can decide on: (i) the Purchase Amount the User intends to pay under the SAFT, or (ii) the number of the Purchased Tokens the User intends to purchase under the SAFT.
[General provisions of concluding the SAFT on the Platform]
11.2 The User may conclude the SAFT with the Company on the Platform. Once the User concludes the SAFT he/she is bound by the SAFT (for the purposes of that SAFT such User is called “Purchaser” in accordance with the Purchase Token Terms).
11.3 The SAFT Conclusion process is initiated if the Purchaser enters the Platform and navigates to the tab “SAFT Form”.
11.4 Before entering into the SAFT the User has to pass the KYC verification in compliance with applicable AML/CFT legislation with a positive result and connect his/her Wallet to the Platform. This interaction is available also from the level of the User Account. In this case the data provided by the User when creating the Account will be automatically copied to the Purchase Term Sheet.
11.5 Once the User is positively verified under the KYC Procedure and has connected the Wallet(s), a pop-up window appears enabling to enter i.a. the Purchase Amount or the number of Purchased Tokens and other obligatory data of the User (“Purchase Term Sheet”). If the User created the Account the data provided by the User when creating the Account will be automatically copied to the Purchase Term Sheet.
11.6 A content displayed in the filled-in Purchase Term Sheet includes in particular:
a) the Purchase Amount or the number of the Purchased Tokens (set by the Purchaser) and the wallet address of the Purchaser to which the $VTN Tokens shall be transferred under the Claim Service;
b) specific commercial terms of the SAFT (set by the Company):
- Vesting Schedule,
The cliff period is 2 months and the Vesting period is 12 months from the TGE (Token Generation Event). The Vesting period starts once the cliff has ended. - Transaction Fee: The transaction fee or GAS fee is paid by the client.
- Wallet Address of the Company: 0x5cE589976d983a93781671F3ca48351559F9c3F4
c) checkbox to collect User’s declaration of intent as regards entering into the SAFT subject to the specific terms of the Purchase Term Sheet and the Token Purchase Terms.
11.7 Checking the checkbox agreeing to the SAFT and clicking on the “Accept” button means that the User sends an offer to the Company to conclude the agreement under the conditions set out in the Purchase Term Sheet and the Token Purchase Terms (collectively the SAFT). Please review the Token Purchase Terms provided here: https://presale.vtncommunity.xyz/token-purchase-terms before clicking the “Accept” button.
11.8 BEFORE CLICKING ON THE “ACCEPT” BUTTON THE USER IS OBLIGATED TO ACKNOWLEDGE THAT HE/SHE HAS BEEN EXPRESSLY INFORMED AND ACCEPTS THAT HE/SHE DOES NOT HAVE THE RIGHT TO WITHDRAW FROM THE CONTRACT AND CONFIRMS THIS BY CLICKING ON THE APPROPRIATE CHECKBOX.
11.9 The SAFT shall be perceived as concluded between the User and the Company upon the Company’s declaration of acceptance of the offer to enter into the SAFT, made in documentary form by sending an e-mail to the User confirming the conclusion of the SAFT. The place of conclusion of the SAFT shall be the place of the Company’s registered office.
11.10 The Company undertakes to submit the User with the confirmation of the conclusion of the SAFT together with a copy of such in a durable medium, i.e. via e-mail upon conclusion of the SAFT – the Token Purchase Terms and the Purchase Term Sheet.
[SAFT Uploaded]
11.11 The SAFT Conclusion service is a function of the Platform that enables the Users who concluded the SAFT with the Company outside the Platform to upload the SAFT on the Platform which would allow them to advantage from the Claim Service.
11.12 This process is initiated if the Purchaser enters the Platform and navigates to the tab “Upload your SAFT”.
[Fees]
11.13 The Parties agree that the Purchaser shall pay the costs of concluding the SAFT in the form of: (i) Gas Fee which may be charged and paid to network validators for each blockchain transaction and (ii) Transaction Fee (together as the “Fees”). The Purchaser hereby acknowledges that under no circumstances any transaction that occur on the Platform (i.e. payment of the Purchase Amount) becomes invalid, revocable, retractable, or unenforceable on the basis that the given Fee for given transaction was unknown, too high, or otherwise unacceptable.
11.14 The Company is not responsible for the amount of the Gas Fees as they remain out of the Company control. Due to the limitations and features of the blockchain technology, the Gas Fee amount may vary slightly from those indicated in the pre-transaction summary which remains beyond control of the Company (the Company shall not be responsible for such variations of the Gas Fee).
12. CLAIM
12.1 The Claim service enables the Purchasers to claim the Tokens in accordance with the Vesting Schedule to which the right to acquire has been granted to the Purchaser under the SAFT after clicking on the “Claim” button.
12.2 The Claim service is free of charge.
13. WITHDRAWAL RIGHT
13.1 In the event that the User is a Consumer, he or she generally possesses the right of withdrawal from a contract, which can be exercised within a period of fourteen (14) days following the contract’s conclusion, that is the day when the token allocation of the round is confirmed.
13.2 In consideration of the inherent volatility of Virtual Assets, the price of which cannot be controlled by the Company, and which may occur during withdrawal period, Consumers expressly waive and forfeit any right of withdrawal mentioned in Section 13.1 while using the Platform’s Services involving Virtual Assets.
14. USER’S CODE OF CONDUCT
14.1 The User is required to utilize the Platform and its Services strictly in accordance with the present Terms, as well as with the Applicable law and ethical standards, while being mindful of personal rights and intellectual property rights, particularly copyrights which are the property of the Company or any Third Parties. Additionally, the User must adhere to the regulations detailed below.
14.2 With regards to the Platform, the Services, or any of their components or features made accessible to Users by the Company, the User is obligated not to:
a) use of them in a manner contrary to their nature or scope, including in particular the use of the user support provided by the Company by submitting questions infringing the rights of the Third-Parties, employees of the Company or other Users;
b) utilize, or take part in the use of, cheats, exploits, automation software, bots, hacks, mods, or any Third-Party software which has not been authorized, designed to modify or disrupt the Platform, the Services, or any of their components or features made accessible to the Users by the Company;
c) modify or participate, in whatever form, in the modification of any files that are part of the Platform, the Services or any elements or features thereof made available to the Users by the Company;
d) hinder, or take part in hindering, the regular operation of the Platform, the Services, or any of their components or features made accessible to the Users by the Company, which may have adverse effects on the experience of other Users;
e) interfere with, or participate in interfering with, or overloading, any computer or server employed in any manner for the Platform, the Services, or any of their components or features made accessible to the Users by the Company;
f) engage in, or participate in any manner in, reverse-engineering, decompiling, disassembling, deciphering, or any other method of acquiring the source code of any software or other intellectual property utilized in the Platform, the Services, or any of their components or features made accessible to the Users by the Company;
g) execute or participate in, in any way, the execution of any attack or the distribution of any virus aimed at the Platform, the Services, or any of their components or features made accessible to the Users by the Company;
h) carry out or participate in, in any form, activities designed to obtain unauthorized access to the Platform, the Services, or any of their components or features made accessible to Users by the Company, including specifically the accounts of other Users or their computers, servers, wallets, or networks connected to the Platform, by any means other than through the interface provided to the Users by the Company.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 The User recognizes and accepts that the Platform may include content or characteristics that are safeguarded by copyright, patent, trademark, trade secret, or other exclusive rights and laws. The User may not modify, copy, frame, scrape, rent, lease, loan, publish, sell, distribute, remove any proprietary notices or labels, or develop derivative works based on the Platform, the Services, in whole or in part, except as explicitly authorized by the Company.
15.2 When using the Platform, the Services, or any of their components or features made available to the Users, the User may not engage in or utilize any data mining, robots, scraping, or similar data gathering or extraction methods. Any utilization of the Platform or the Services other than as specifically authorized herein is entirely prohibited. The technology and software underlying the Platform or disseminated in connection with it are the property of the Company, its affiliates, and its partners. The User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Platform.
16. DATA PRIVACY
16.1 All data that the Company gathers on the Platform is subject to the Privacy Policy. By accessing or utilizing the Platform or the Services, the User agrees to all actions that the Company carries out concerning the data the User provides, including personal data, and the Company’s collection and utilization of the User’s personal data as specified in the Privacy Policy.
17. THIRD-PARTY SERVICES
17.1 The Platform and the Services could include connections to Third-Party Services.
17.2 The Company does not hold responsibility for any of the Third-Party Services or any affiliated products.
17.3 These Terms do not extend to the Third-Party Services unless clearly stated otherwise. If the User utilizes them, the User acts solely at their own risk and is subject to the applicable terms of service and privacy policies of such Third Parties. It is recommended that the User review such terms of service, end user license agreement and/or privacy policies for additional details before accessing or using the Third-Party Services.
18. THE COMPANY’S LIABILITY
18.1 The User acknowledges that the Company does not provide any investment advice, financial advice, legal advice or any other type of advice. For any legal, financial or tax advice, the User should consult an adviser specialized in the relevant field. The User must be aware that accessing and using the Web3 Services requires to have a basic knowledge of blockchain technology and the risks associated with crypto-assets.
18.2 The Company will upgrade the Platform and Services from time to time, so there may be occasions when the Platform or the ability to use the Services may be interrupted. The Company undertakes to make every effort to inform the Users in advance of the above interruptions to the Platform or the Services.
19. DISPUTES AND ONLINE DISPUTE RESOLUTION
19.1 This Chapter 19 shall apply to the maximum extent permitted by the Applicable law.
19.2 If a dispute, claim or any matter arises in connection with these Terms, the User may contact the Company in the first instance in accordance with the Chapter 3 above. The Company is obliged to make every effort to resolve the dispute amicably. However, this is not an obligation of the User.
19.3 Any dispute, controversy, claim or matter arising out of or connected with these Terms shall be referred to arbitration in BVI in terms of BVI Arbitration Act under the applicable arbitration rules of the BVI International Arbitration Centre. The number of arbitrators shall be one. The language of the proceedings shall be English. The arbitration award shall be final and binding upon the Parties and not subject to appeal.
19.4 The Parties agree to the non-exclusive jurisdiction of the BVI Courts in respect of any dispute, controversy, claim or other matter not settled through arbitration in terms of the Clause 19.3.
[Provisions regarding the Consumers in the European Union]
19.5 If the User is a Consumer within the European Union, this sub-chapter will be applicable.
19.6 The Company wants to make it clear to the Users that it does not utilize any alternative dispute resolution providers or out-of-court redress mechanisms, except when it is required by the Applicable law.
19.7 The Users should be aware that the European Commission has established a specific platform for online dispute resolution related to online sales or services agreements involving EU Consumers and businesses established in the EU. This platform is available at http://ec.europa.eu/consumers/odr. Although the Company is not legally obliged to utilize the Online Dispute Resolution (“ODR”) platform, it may consider this option on a case-by-case basis.
19.8 If the User has a dispute, claim, or any other matter with the Company, he/she may reach out to a municipal or district Consumer ombudsman or Consumer organizations, such as the European Consumer Centre Network, for assistance and advice.
20. COMPLAINT PROCEDURE
20.1 The User, who is the Consumer, may file a complaint regarding any defects or interruptions in the functioning of the Platform or the Services by submitting the complaint. The complaint shall include:
a) the User’s Wallet ID (if applicable);
b) type and date of the event giving rise to the complaint;
c) a detailed description of the event giving rise to the complaint;
d) demands of the User making the complaint.
20.2 To submit a complain, the User can contact the Company using one of the following communication channels:
a) e-mail: [email protected],
b) Telegram: https://t.me/vottuncommunity/1 – to use this channel, the User shall have an active Telegram account;
c) Discord: https://discord.gg/UMQNfZrm – to use this channel, the User shall have an active Discord Account
20.3 The Company shall endeavour to respond to the complaint within 14 days of its receipt. The Company provides the User with response to the complaint on a paper or an electronic document sent via the Platform’s interface to the Account assigned to the User or to the e-mail address provided by the User.
21. TERMINATION OF THE TERMS
21.1 The Company may terminate the contract with the User by suspending his/her profile only in the event of a material breach of these Terms by the User, in particular:
a) the User violates the code of conduct described in the Chapter 14;
b) the User violates the law or infringes the rights of the Third-Parties in connection with the use of the Services, in particular intellectual property rights;
c) the User conducts activities detrimental or harmful to the Company or other Third-Parties which services or content are provided within the Platform, in particular activities that violate or threaten the security of the ICT Systems;
d) the User uses the Services in a manner contrary to their objectives, purposes or scope as set out in these Terms.
21.2 Termination may only take place on condition that the User is first requested to remedy the infringement or consequences of the infringement within an additional appropriate period of 3 calendar days (unless the infringement excludes the possibility of remedying the consequences of the infringement), after the expiry of this period to no avail. The notice to remedy the infringement or the consequences of the infringement may be served to the User by means of an e-mail sent to the User’s address or other means of communication if indicated by the User in his/her Account.
22. CHANGES TO THIS TERMS
22.1 The Company is entitled to unilaterally change provisions of these Terms only if a reasonable need for such changes arises, such as:
a) changes in legislation or other the Applicable laws in BVI that may affect the provisions of these Terms;
b) issuance of decisions, recommendations, obligations or acts of similar nature, by public administration authorities, to the extent to which such administrative acts modify the provisions of Terms or impose an obligation on the Company to modify these provisions;
c) the introduction of new functionalities of the Platform or the Services or a modification of the current scope of the Platform or the Services by the Company – in this case the amendment of the Terms will be limited to the extent concerning such new functionalities;
d) the introduction of new ICT Systems or modification of existing ICT Systems by the Company, in which case the amendments to the Terms will be limited to the extent that is necessary and directly related to the introduction or modification of such ICT Systems;
e) emergence of judicial or administrative case-law which indicates that contractual provisions similar to those applied by the Company may be contrary to the law.
22.2 The Company shall inform the User of the planned amendment to Terms by publication on the Platform or via email at least of the following:
a) the content of the envisaged amendment to these Terms;
b) the effective date of amendment not less than 14 days;
c) the consolidated text of these Terms as amended.
22.3 Any amendment of these Terms shall not affect any contractual rights acquired by the User prior to the amendment.
22.4 An amendment to the Terms, which affects the rights and obligations of the User who is the Consumer and who currently is bound by the SAFT with the Company, shall only apply to new SAFTs (i.e. it does not affect the provisions of the currently binding SAFTs) unless the User and the Company agree otherwise in writing.
23. APPLICABLE LAW
23.1 These Terms will be governed by law of British Virgin Islands, subject to Clause 23.2. below. In matters not regulated by these Terms, the relevant provision of law shall apply.
23.2 These Terms do not restrict any rights that Users may have as Consumers that cannot be excluded or limited by Applicable law. If the User has such rights that cannot be limited, the provisions of the Applicable law will apply.
24. TERM OF AGREEMENT
24.1 The Terms are effective for an indefinite period.
24.2 If any provision of these Terms is declared invalid or ineffective in whole or in part by a court of law or another competent authority, or if the invalidity or ineffectiveness of any provision of these Terms results from binding legal provisions, or if any provisions prove impossible to implement in whole or in part, the remaining provisions of these Terms shall remain in full force and effect.
24.3 All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms to the fullest extent permitted by the Applicable law.
24.4 The Terms enter into force on 3th of April of 2024.