PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
This document describes the USERTOKEN token sale. The followingTerms and Conditions (“Terms”) govern your (“you” or the “Purchaser”) purchaseof cryptographic tokens (“USERTOKEN”) from UserToken.io Limited, a privatelimited company registered in the “Pending” (the “Company”). Each of you andthe CompanyCompany is a “Party” and, together, the “Parties” to these Terms.This document is not a solicitation for investment and does not pertain to anoffering of securities in any jurisdiction.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASEUSERTOKEN FROM THE COMPANY. BY PURCHASING USERTOKEN FROM THE COMPANY, YOU WILLBE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVEANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY ATSUPPORT@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 andassigns (the “UserToken Team”) liable for any losses or any special,incidental, or consequential damages arising from, or in any way connected, tothe sale of USERTOKEN, including losses associated with the terms set forthbelow.
PURCHASES OF USERTOKEN SHOULD BE UNDERTAKEN ONLY BYINDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE INUNDERSTANDING OF THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDINGBINANCE SMART CHAIN TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PURCHASERSSHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMSASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLETO ASSIST PURCHASERS OF USERTOKEN DURING THE SALE, THE COMPANY WILL NOT BERESPONSIBLE IN ANY WAY FOR LOSS OF BTC, ETH, OR USERTOKEN RESULTING FROMACTIONS TAKEN BY OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCEOR EXPERTISE, YOU SHOULD NOT PURCHASE USERTOKEN OR PARTICIPATE IN THE SALE OFUSERTOKEN. YOUR PARTICIPATION IN USERTOKEN SALE IS DEEMED TO BE UNDERTAKINGTHAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.
PURCHASER AGREES TO BUY, AND COMPANY AGREES TO SELL, THEUSERTOKEN 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 ACITIZEN, RESIDENT (TAX OR OTHERWISE), OR GREEN CARD HOLDER OF THE UNITED STATESOF AMERICA OR OTHER COUNTRIES WHERE THE CRYPTOCURRENCIES ARE PROHIBITED BY LAW.
#2 All purchases of USERTOKEN are final
BY PURCHASING USERTOKEN, THE PURCHASER ACKNOWLEDGES THATNEITHER THE COMPANY NOR ANY ITS AFFILIATES, DIRECTORS, OR SHAREHOLDERS AREREQUIRED TO PROVIDE A REFUND FOR ANY REASON. ALL PURCHASES OF USERTOKEN AREFINAL. PURCHASES OF USERTOKEN ARE NON- REFUNDABLE.
#3 Disclaimer of Warranties
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER ISPURCHASING USERTOKEN AT THE PURCHASER’S SOLE RISK AND THAT USERTOKEN ISPROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIEDWARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TOTHE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTYPERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIODREQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE UserToken TEAM WARRANTSTHAT THE PROCESS FOR PURCHASING USERTOKEN WILL BE UNINTERRUPTED OR ERROR-FREE.
#4 Risk of Uninsured Losses
Unlike bank accounts or accounts at some other financialinstitutions, UserToken is uninsured unless you specifically obtain privateinsurance to insure them. Thus, in the event of loss or utility value, nopublic insurer or private insurance is arranged by the CompanyCompany to offerrecourse to you.
#5 Risk of Losing Access to UserToken cold wallets Due toLoss of Private Key(s), Custodial Error, or Purchaser Error
A private key, or a combination of private keys, isnecessary to control and dispose of USERTOKEN stored in your digital wallet orvault. Accordingly, loss of requisite private key(s) associated with yourdigital wallet or vault storing USERTOKEN will result in loss of suchUSERTOKEN. Moreover, any third party that gains access to such private key(s),including by gaining access to login credentials of a hosted wallet service youuse, may be able to misappropriate your USERTOKEN. Any errors or malfunctionscaused by or otherwise related to the digital wallet or vault you choose toreceive and store USERTOKEN in, including your own failure to maintain or usesuch digital wallet or vault properly, may also result in the loss of yourUSERTOKEN. Additionally, your failure to follow precisely the procedures setforth for buying and receiving Tokens, including, for instance, if you providethe wrong address for the receiving USERTOKEN, or provide an address that isnot 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 onthe Binance Smart Chain protocol, any malfunction, breakdown, or abandonment ofthe Binance Smart Chain protocol may negatively affect the platform USERTOKEN.Moreover, advances in cryptography, or technical advances such as thedevelopment of quantum computing, could present risks to the USERTOKEN and theplatform, including the utility of the USERTOKEN for obtaining services, byrendering ineffective the cryptographic consensus mechanism that underpins theBinance Smart Chain protocol.
#7 Risk of Mining Attacks
As with other decentralized cryptographic tokens based onthe Binance Smart Chain protocol, USERTOKEN is susceptible to attacks by minersin validating USERTOKEN transactions on the Binance Smart Chain blockchain,including, but not limited to, double-spend attacks, majority mining powerattacks, and selfish-mining attacks. Any successful attacks present a risk tothe platform and USERTOKEN, including, but not limited to, accurate executionand recording of transactions involving USERTOKEN.
#8 Risk of Hacking and Security Weaknesses
Hackers or other malicious groups or organizations mayattempt 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 athird party or a member of the Company team may intentionally or unintentionallyintroduce weaknesses into the core infrastructure of the platform, which couldnegatively affect the platform and USERTOKEN, including the utility ofUSERTOKEN for obtaining services.
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER ISPURCHASING USERTOKEN AT THE PURCHASER’S SOLE RISK AND THAT USERTOKEN ISPROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIEDWARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TOTHE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTYPERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIODREQUIRED). WITHOUT LIMITING THE PRECEDING, NONE OF THE
UserToken TEAM WARRANTS THAT THE PROCESS FOR PURCHASINGUSERTOKEN WILL BE UNINTERRUPTED OR ERROR-FREE.
UserToken INVESTMENTS RISKS:
By purchasing, owning, and using USERTOKEN, you expresslyacknowledge and assume the following risks:
#1 Risk of Losing Access to USERTOKEN Due to Loss of PrivateKey(s), Custodial Error or Purchaser Error
A private key, or a combination of private keys, isnecessary to control and dispose of USERTOKEN stored in your digital wallet orvault. Accordingly, loss of requisite private key(s) associated with yourdigital wallet or vault storing USERTOKEN will result in loss of suchUSERTOKEN. Moreover, any third party that gains access to such private key(s),including by gaining access to login credentials of a hosted wallet service youuse, may be able to misappropriate your USERTOKEN. Any errors or malfunctionscaused by or otherwise related to the digital wallet or vault you choose toreceive and store USERTOKEN in, including your own failure to maintain or usesuch digital wallet or vault properly, may also result in the loss of yourUSERTOKEN. Additionally, your failure to follow precisely the procedures setforth for buying and receiving Tokens, including, for instance, if you providethe wrong address for the receiving USERTOKEN, or provide an address that isnot 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 onthe Binance Smart Chain protocol, any malfunction, breakdown, or abandonment ofthe Binance Smart Chain protocol may negatively affect the platform USERTOKEN.Moreover, advances in cryptography, or technical advances such as thedevelopment of quantum computing, could present risks to the USERTOKEN and theplatform, including the utility of the USERTOKEN for obtaining services, byrendering ineffective the cryptographic consensus mechanism that underpins theBinance Smart Chain protocol.
#3 Risk of Hacking and Security Weaknesses
Hackers or other malicious groups or organizations mayattempt 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 athird party or a member of the Company team may intentionally or unintentionallyintroduce weaknesses into the core infrastructure of the platform, which couldnegatively affect the platform and USERTOKEN, including the utility ofUSERTOKEN for obtaining services.
#4 Risks Associated with Markets for USERTOKEN
If third-party exchanges facilitate secondary trading ofTokens, such exchanges may be relatively new and subject to little or noregulatory oversight, making them more susceptible to fraud or manipulation.Furthermore, to the extent that third parties ascribe an external exchangevalue to USERTOKEN (e.g., as denominated in a digital or fiat currency), suchvalue may be extremely volatile.
#5 Risk of Uninsured Losses
Unlike bank accounts or accounts at some other financialinstitutions, USERTOKEN are uninsured unless you specifically obtain privateinsurance to insure them. Thus, in the event of loss or utility value, nopublic insurer or private insurance is arranged by the CompanyCompany to offerrecourse to you.
#6 Risks Associated with Uncertain Regulations and EnforcementActions
The regulatory status of USERTOKEN and distributed ledgertechnology is unclear or unsettled in many jurisdictions. It is difficult topredict how or whether regulatory agencies may apply existing regulations withrespect to such technology and its applications, including the UserTokenplatform and USERTOKEN. It is likewise difficult to predict how or whetherlegislatures or regulatory agencies may implement changes to laws andregulations affecting distributed ledger technology and its applications,including the platform and USERTOKEN. Regulatory actions could negativelyimpact the platform and USERTOKEN in various ways, including, for purposes ofillustration only, through a determination that the purchase, sale, anddelivery of USERTOKEN constitute unlawful activity or that USERTOKEN is aregulated instrument that requires registration or licensing of thoseinstruments or some or all of the parties involved in the purchase, sale, anddelivery thereof. The CompanyCompany may cease operations in a jurisdiction ifregulatory actions, or changes to law or regulation, make it illegal to operatein such jurisdiction or commercially undesirable to obtain the necessaryregulatory approval(s) to operate in such jurisdiction.
#7 Risks Arising from Taxation
The tax characterization of USERTOKEN is uncertain. You mustseek your own tax advice concerning purchasing USERTOKEN, which may result inadverse 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 beestablished that utilize the same open-source code and protocol underlying theplatform and attempt to facilitate services materially similar to the UserTokenservices.
#9 Risks Arising from Lack of Governance Rights
Because USERTOKEN confers no governance rights of any kindwith respect to the UserToken platform or the CompanyCompany, all decisionsinvolving the Company’sCompany’s products or services within the platform orthe CompanyCompany itself will be made by the CompanyCompany at its solediscretion. These decisions could adversely affect the platform and the utilityof any USERTOKEN you own, including their utility for obtaining services.
#10 Unanticipated Risks
Cryptographic tokens such as USERTOKEN are new and untestedtechnology. In addition to the risks included in this Annex A of these Terms,there are other risks associated with your purchase, possession, and use ofUSERTOKEN, including unanticipated risks. Such risks may further materialize asunanticipated variations or combinations of the risks discussed in this AnnexA. Further Information
Who we are and how to contact us
Usertoken.io is a site operated by USER Technologies, alimited company registered in “Pending” (US).
To contact us, please email support@usertoken.io.
Using our site, you confirm that you have read andacknowledged the Risk Disclaimer, accept these terms of use, and agree tocomply with them.
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We recommend that you print a copy of these terms for futurereference.
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Our Privacy and Cookies Policy, Click here.
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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.
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Whether you are a consumer or a business user:
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If defective digital content that we have supplied damages adevice or digital content belonging to you, caused by our failure to usereasonable care and skill, we will either repair the damage or pay youcompensation. However, we will not be liable for damage that you could haveavoided by following our advice to apply an update offered to you free ofcharge or for damage caused by you failing to follow installation instructionscorrectly or having in place the minimum system requirements advised us.
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