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Terms & Conditions

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.

 

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

 

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

 

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 StoreTerms 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 (ANDUSE 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 NOTBE A PARTY TO NOR RESPONSIBLE FOR ANY MATTER ARISING OUT OF OR IN CONNECTIONWITH YOUR ENTERING INTO AN AGREEMENT WITH WYRE PAYMENTS, INC., INCLUDING ANYTRANSACTION 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 wishto use our site, please check these terms to ensure you understand the termsthat apply at that time.

 

We may make changes to our site.

 

We may update and change our site from time to time toreflect 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 orrestrict the availability of all or any part of our site for business andoperational reasons. We will try to give you reasonable notice of anysuspension or withdrawal.

 

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

 

It is your responsibility to determine whether your accessand use of our site align with all legal and regulatory obligations that applyto you. Our site is directed to people residing in the United States, and we donot represent that content available on or through our site is appropriate foruse or available in your particular location.

 

We may transfer this agreement to someone else.

 

We may transfer our rights and obligations under these termsto 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 thecontract.

 

How you may use material on our site

 

We are the owner or the licensee of all intellectualproperty rights on our site and in the material published. All such rights arereserved. Those works are protected by copyright laws and treaties around theworld.

 

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

 

You must not modify the paper or digital copies of anymaterials you have printed off or downloaded, and you must not use anyillustrations, photographs, video or audio sequences, or any graphicsseparately from any accompanying text.

 

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

 

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

 

If you print off, copy or download any part of our site inbreach of these terms of use, your right to use our site will ceaseimmediately, and you must, at our option, return or destroy any copies of thematerials you have made.

 

Do not rely on the information on this site.

 

The content on our site is provided for general informationonly. It is not intended to amount to advice on which you should rely. You mustobtain professional or specialist advice before taking, or refraining from, anyaction based on the content on our site.

 

Although we make reasonable efforts to update theinformation 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, andresources provided by third parties, these links are provided for yourinformation only. Such links should not be interpreted as approval by us ofthose linked websites or information you may obtain from them.

 

We have no control over the contents of those sites, qualityof 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 itwould be unlawful. This includes liability for death or personal injury causedby our negligence or the negligence of our employees, agents, or subcontractorsand for fraud or fraudulent misrepresentation.

 

Different limitations and exclusions of liability will applyto liability arising from the supply of any products to you, set out in thespecific 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, whetherin contract, tort (including negligence), breach of statutory duty, orotherwise, 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 UserTokensticand private use. You agree not to use our site for any commercial or businesspurposes, and we have no liability to you for any loss of profit, loss ofbusiness, business interruption, or loss of business opportunity.

 

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.

 

How we may use your personal information

 

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

 

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

 

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

 

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

 

You must not misuse our site by knowingly introducingviruses, trojans, worms, logic bombs, or other malicious or technologicallyharmful 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 databaseconnected to our site. You must not attack our site via a denial-of-serviceattack or a distributed denial-of-service attack. You would commit a criminaloffense under the relevant US law by breaching this provision. We will reportany such breach to the relevant law enforcement authorities, and we willco-operate with those authorities by disclosing your identity to them. Yourright 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 andlegally and not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggestany form of association, approval, or endorsement on our part where noneexists.

 

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

 

Our site must not be framed on any other site, nor may youcreate 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 exclusivejurisdiction.

 

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