Terms & Conditions
Legal terms May 17, 2022

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This document describes the USERTOKEN token sale. The following Terms and Conditions (“Terms”) govern your (“you” or the “Purchaser”) purchase of cryptographic tokens (“USERTOKEN”) from UserToken.io Limited, a private limited company registered in the “Pending” (the “Company”). Each of you and the CompanyCompany is a “Party” and, together, the “Parties” to these Terms. This document is not a solicitation for investment and does not pertain to an offering of securities in any jurisdiction.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE USERTOKEN FROM THE COMPANY. BY PURCHASING USERTOKEN FROM THE COMPANY, YOU WILL BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT SUPPORT@USERTOKEN.IO.

By purchasing USERTOKEN, and to the extent permitted by law, you are agreeing not to hold any of the CompanyCompany and its respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “UserToken Team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of USERTOKEN, including losses associated with the terms set forth below.

PURCHASES OF USERTOKEN SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE IN UNDERSTANDING OF THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING BINANCE SMART CHAIN TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLE TO ASSIST PURCHASERS OF USERTOKEN DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF BTC, ETH, OR USERTOKEN RESULTING FROM ACTIONS TAKEN BY OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, YOU SHOULD NOT PURCHASE USERTOKEN OR PARTICIPATE IN THE SALE OF USERTOKEN. YOUR PARTICIPATION IN USERTOKEN SALE IS DEEMED TO BE UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.

PURCHASER AGREES TO BUY, AND COMPANY AGREES TO SELL, THE USERTOKEN TOKENS IN ACCORDANCE WITH THE FOLLOWING TERMS:

#1 The conditions of the USERTOKEN token sale

YOU MAY NOT MAKE A ACQUIRE A USERTOKEN TOKEN IF YOU ARE A CITIZEN, RESIDENT (TAX OR OTHERWISE), OR GREEN CARD HOLDER OF THE UNITED STATES OF AMERICA OR OTHER COUNTRIES WHERE THE CRYPTOCURRENCIES ARE PROHIBITED BY LAW.

#2 All purchases of USERTOKEN are final

BY PURCHASING USERTOKEN, THE PURCHASER ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY ITS AFFILIATES, DIRECTORS, OR SHAREHOLDERS ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON. ALL PURCHASES OF USERTOKEN ARE FINAL. PURCHASES OF USERTOKEN ARE NON- REFUNDABLE.

#3 Disclaimer of Warranties

THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING USERTOKEN AT THE PURCHASER’S SOLE RISK AND THAT USERTOKEN IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE UserToken TEAM WARRANTS THAT THE PROCESS FOR PURCHASING USERTOKEN WILL BE UNINTERRUPTED OR ERROR-FREE.

#4 Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions, UserToken is uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or utility value, no public insurer or private insurance is arranged by the CompanyCompany to offer recourse to you.

#5 Risk of Losing Access to UserToken cold wallets Due to Loss of Private Key(s), Custodial Error, or Purchaser Error

A private key, or a combination of private keys, is necessary to control and dispose of USERTOKEN stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing USERTOKEN will result in loss of such USERTOKEN. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your USERTOKEN. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store USERTOKEN in, including your own failure to maintain or use such digital wallet or vault properly, may also result in the loss of your USERTOKEN. Additionally, your failure to follow precisely the procedures set forth for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving USERTOKEN, or provide an address that is not BEP20 compatible, may result in the loss of your Tokens.

#6 Risks Associated with the Binance Smart Chain Protocol

Because USERTOKEN and the UserToken platform are based on the Binance Smart Chain protocol, any malfunction, breakdown, or abandonment of the Binance Smart Chain protocol may negatively affect the platform USERTOKEN. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the USERTOKEN and the platform, including the utility of the USERTOKEN for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.

#7 Risk of Mining Attacks

As with other decentralized cryptographic tokens based on the Binance Smart Chain protocol, USERTOKEN is susceptible to attacks by miners in validating USERTOKEN transactions on the Binance Smart Chain blockchain, including, but not limited to, double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the platform and USERTOKEN, including, but not limited to, accurate execution and recording of transactions involving USERTOKEN.

#8 Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with the platform or USERTOKEN in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and USERTOKEN, including the utility of USERTOKEN for obtaining services.

THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING USERTOKEN AT THE PURCHASER’S SOLE RISK AND THAT USERTOKEN IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE PRECEDING, NONE OF THE

UserToken TEAM WARRANTS THAT THE PROCESS FOR PURCHASING USERTOKEN WILL BE UNINTERRUPTED OR ERROR-FREE.

UserToken INVESTMENTS RISKS:

By purchasing, owning, and using USERTOKEN, you expressly acknowledge and assume the following risks:

#1 Risk of Losing Access to USERTOKEN Due to Loss of Private Key(s), Custodial Error or Purchaser Error

A private key, or a combination of private keys, is necessary to control and dispose of USERTOKEN stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing USERTOKEN will result in loss of such USERTOKEN. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your USERTOKEN. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store USERTOKEN in, including your own failure to maintain or use such digital wallet or vault properly, may also result in the loss of your USERTOKEN. Additionally, your failure to follow precisely the procedures set forth for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving USERTOKEN, or provide an address that is not BEP20 compatible, may result in the loss of your Tokens.

#2 Risks Associated with the Binance Smart Chain Protocol

Because USERTOKEN and the USERTOKEN platform are based on the Binance Smart Chain protocol, any malfunction, breakdown, or abandonment of the Binance Smart Chain protocol may negatively affect the platform USERTOKEN. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the USERTOKEN and the platform, including the utility of the USERTOKEN for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.

#3 Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with the platform or USERTOKEN in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and USERTOKEN, including the utility of USERTOKEN for obtaining services.

#4 Risks Associated with Markets for USERTOKEN

If third-party exchanges facilitate secondary trading of Tokens, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties ascribe an external exchange value to USERTOKEN (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.

#5 Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions, USERTOKEN are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or utility value, no public insurer or private insurance is arranged by the CompanyCompany to offer recourse to you.

#6 Risks Associated with Uncertain Regulations and Enforcement Actions

The regulatory status of USERTOKEN and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulations with respect to such technology and its applications, including the UserToken platform and USERTOKEN. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to laws and regulations affecting distributed ledger technology and its applications, including the platform and USERTOKEN. Regulatory actions could negatively impact the platform and USERTOKEN in various ways, including, for purposes of illustration only, through a determination that the purchase, sale, and delivery of USERTOKEN constitute unlawful activity or that USERTOKEN is a regulated instrument that requires registration or licensing of those instruments or some or all of the parties involved in the purchase, sale, and delivery thereof. The CompanyCompany may cease operations in a jurisdiction if regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

#7 Risks Arising from Taxation

The tax characterization of USERTOKEN is uncertain. You must seek your own tax advice concerning purchasing USERTOKEN, which may result in adverse tax consequences for you, including withholding taxes, income taxes, and tax reporting requirements.

#8 Risk of Competing platforms

It is possible that alternative platforms could be established that utilize the same open-source code and protocol underlying the platform and attempt to facilitate services materially similar to the UserToken services.

#9 Risks Arising from Lack of Governance Rights

Because USERTOKEN confers no governance rights of any kind with respect to the UserToken platform or the CompanyCompany, all decisions involving the Company’sCompany’s products or services within the platform or the CompanyCompany itself will be made by the CompanyCompany at its sole discretion. These decisions could adversely affect the platform and the utility of any USERTOKEN you own, including their utility for obtaining services.

#10 Unanticipated Risks

Cryptographic tokens such as USERTOKEN are new and untested technology. In addition to the risks included in this Annex A of these Terms, there are other risks associated with your purchase, possession, and use of USERTOKEN, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex A. Further Information

Who we are and how to contact us

Usertoken.io is a site operated by USER Technologies, a limited company registered in “Pending” (US).

To contact us, please email support@usertoken.io.

Using our site, you confirm that you have read and acknowledged the Risk Disclaimer, accept these terms of use, and agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

Other terms may apply to you.

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy and Cookies Policy, Click here.

If you purchase products through our site, the Online Store Terms and Conditions will apply to the sales.

If you use to download a copy of the UserToken Wallet, the [EULA] will apply to you and govern your use of the UserToken Wallet.

FURTHERMORE, PLEASE NOTE THAT YOUR ENTRY INTO THE EULA (AND USE OF OUR SERVICES) IS CONDITIONAL ON YOUR ENTRY INTO WYRE PAYMENTS, INC.  USER AGREEMENT AND  PRIVACY POLICY

TO THE WIDEST EXTENT PERMITTED BY LAW, USER TOKEN SHALL NOT BE A PARTY TO NOR RESPONSIBLE FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH YOUR ENTERING INTO AN AGREEMENT WITH WYRE PAYMENTS, INC., INCLUDING ANY TRANSACTION MADE PURSUANT TO THE AGREEMENT BETWEEN YOU AND WYRE.

We may make changes to these terms.

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site.

We may update and change our site from time to time to reflect changes to our products, users’ needs, and business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection know these terms of use and other applicable terms and conditions and comply with them.

It is your responsibility to determine whether your access and use of our site align with all legal and regulatory obligations that apply to you. Our site is directed to people residing in the United States, and we do not represent that content available on or through our site is appropriate for use or available in your particular location.

We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under the contract.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights on our site and in the material published. All such rights are reserved. Those works are protected by copyright laws and treaties around the world.

You may print off one copy and download extracts of any page(s) from our site for your personal use, and you may draw the attention of others within your organization to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on the information on this site.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites, services, and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites, quality of services, or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit our liability to you where it would be unlawful. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising from the supply of any products to you, set out in the specific terms governing your use of any such product.

If you are a business user

We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use our site; or

use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill, or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user

Please note that we only provide our site for UserTokenstic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you, caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage caused by you failing to follow installation instructions correctly or having in place the minimum system requirements advised us.

How we may use your personal information

We will only use your personal information as set out in our Privacy policy.

We are not responsible for viruses, and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs, and platform to access our site. It would be best if you use your virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. You would commit a criminal offense under the relevant US law by breaching this provision. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. Your right to use our site will cease immediately in such a breach.

Rules about linking to our site

You may link to our home page, provided you do so fairly and legally and not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our site on any website you do not own.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter, and their formation are governed by the law of “Pending” (US). You and I agree that the courts of “Pending” (US) will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the law of “Pending”. We both agree to the exclusive jurisdiction of the courts of “Pending” (US).