TOKEN DISTRIBUTION RULES
AND THE PROVISION OF SERVICES BY ELECTRONIC MEANS

 

  • 1. DEFINITIONS

 

  1. Service Provider or Issuer - ccFOUND Sp. z o.o. Sp. K. with its registered office in Wrocław, address: ul. Romana Dmowskiego 3/9, 50-203 Wrosław, NIP 8982257666, REGON 386055341, KRS 841288;
  2. User - a natural person with full capacity to perform acts in law, a legal person or an organizational unit with appropriate powers regulated by national law, if such are necessary in the place of his residence, stay or seat;
  3. Password - a unique string of characters created by the User, giving him access to the Account;
  4. User Account - a set of resources and rights assigned to the User within the Platform, containing information necessary for its authorization and enabling the use of services;
  5. Login – a unique name of the User, used to identify him, together with the Password necessary for authorization when accessing the Platform;
  6. Platform or Website - the website at shop.ccfound.com where the User may purchase Tokens, as well as use other services available on the Platform;
  7. CCFOUND - the website at ccfound.com, managed by the Issuer, which is the target element of the activities performed by the Issuer on the terms described in detail in the Whitepaper;
  8. ICO or Token Distribution Process - means the process of raising capital to finance the project carried out by the Issuer, under which the Issuer, using blockchain technology and smart contracts, organized the process of issuing Tokens, which can be purchased or exchanged by the User;
  9. Auction - a process within the sale phase, described in the Whitepaper, according to which the sale of Tokens will take place in the form of an auction, divided into

50 weeks * 7 days = 350 daily stages.

  1. Token - a term referring to an asset value unit in the ERC20 standard, in the Ethereum environment in the smart contract generated by the Issuer, entitling the holder to perform activities specified in the Whitepaper;
  2. DAO - Abbreviation for Decentralized Autonomous Organization. The target form of ccFOUND as a decentralized autonomous organizational unit operating on the basis of the Ethereum protocol (or another, analogous) in blockchain technology;
  3. Whitepaper - a document defining the operating rules of the Issuer, his development, as well as the possibilities for Users resulting from joining the Token distribution process. The document is available at shop.ccfound.com;
  4. Amount - means funds in fiat currencies (FIAT) or cryptocurrencies through which the User may purchase Tokens;
  5. Price - the Token Price each time determined and converted according to the formulas used in the Whitepaper and in §5 of these Rules, in relation to the value of the US dollar;
  6. Average Rate - means the virtual currency exchange rate with which the User pays the Amount against the US dollar, defined as the arithmetic average of the exchange rates of this virtual currency on other cryptocurrency exchanges;
  7. Number of User Tokens - means the number of Tokens that will be received by the User after paying the total Amount for the Tokens purchased by him;
  8. KYC/AML - a set of activities under which the information about a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk. This collection is also regularly updated by the Issuer to the extent required by law;
  9. Contact form - a service on the Platform made available by the Service Provider enabling contact between the Issuer and the User;
  10. Personal Data Administrator - an entity deciding on the means and purposes of personal data processing;



  • 2. GENERAL PROVISIONS

 

  1. The Service Provider sells via the Internet, where the User, via the Platform, has the option of joining the Tokens distribution process.
  2. These Rules define the rights and obligations of Users, as well as the rights and obligations of the Service Provider, as the entity managing the Platform and the smart contract, in the scope of the Token distribution process.
  3. The User is entitled and obliged to use the Platform in accordance with its purpose. It is forbidden to introduce illegal content.
  4. The Service Provider undertakes to process Users' personal data in accordance with the content of the Privacy Policy available on the Platform at https://shop.ccfound.com/page/show/1847.
  5. Using the Platform means any activity that leads to getting familiar with its content.

 

  • 3. TECHNICAL REQUIREMENTS FOR USING THE PLATFORM

 

  1. In order to use the Platform, the User must have devices that enable the use of the Internet, connection to the network, a browser that allows displaying websites (e.g. Internet Explorer, Google Chrome, Safari) with cookies enabled, supporting encrypted SSL and JavaScript connections, an active email account to use individual Services and a program that reads PDF files.
  2. The Service Provider does not guarantee that the Platform will function properly if the technical requirements are not met, and that the linking and browsing of the websites on the Platform will be uninterrupted and free of defects.
  3. The Issuer reserves the right to change the technical requirements for using the Platform at any time.

 

  • 4. USER'S ACCOUNT

 

  1. The Account may be created by natural persons, legal persons and other organizational units who are granted legal capacity by separate acts. The age of majority is determined by the law of the country of origin of the User, with the minimum age being 18 years. Registration on the Platform is free of charge.
  2. The Account is created by providing the required information contained in the registration form on the Platform. Registration on the Platform takes place only via the Internet (online).
  3. The basic functionality of the User Account is the possibility of purchasing Tokens based on the ERC20 standard.
  4. By registering on the Platform, the User confirms that he has read and understood the documentation available on the Platform, in particular the scope of services provided by the Issuer, these Rules, the Privacy Policy and the Whitepaper.
  5. Registration takes place only via the Internet (online), in accordance with the necessity to provide the required information contained in the registration form.
  6. After filling in the registration fields, the User confirms he has read and understood these Rules and other information indicated by the Service Provider and necessary to use the Platform, by ticking the relevant checkboxes. The User then receives an email to the email address provided during registration, with information about the activity performed.
  7. After completing the registration, the User is granted access to the Account where he can then supplement additional information about himself, including the information necessary for the verification process, to the extent described in § 6 of these Rules.
  8. The Service Provider shall not be liable for any consequences resulting from the fact that third parties obtained the Password to access the User Account. This is applicable in particular when the User Account is created by another person/User; which is unacceptable by the Service Provider. Setting up a User Account on the Platform for another person is a particularly gross violation of the Rules, due to the Service Provider's will to reliably inform each person about the terms of joining the Platform.
  9. The User is forbidden to share the User Account with other persons, transfer the rights to the User Account, as well as any other form of sharing a part or the entire Account. The User may only have one User Account on the Platform.



  • 5. PURCHASE OF TOKENS

 

  1. Pursuant to these Rules, the Parties define mutual rights and obligations regarding the purchase of Tokens.
  2. Joining the Token Distribution Process, within the meaning of the purchase of Tokens, may be made by the User who has set up an Account on the Platform.
  3. The User is obliged to provide all data required by the Issuer in the scope of § 6 in connection with the transfer of the Amount by the User for the purchase of Tokens.
  4. Token sale process is carried out in the form of an Auction, according to which the User may purchase Tokens in one of 350 stages, each of which lasts a total of 1 calendar day. The moment of starting and ending a given stage is displayed for the User on the Platform in a place visible to him.
  5. In each of the 350 stages, it will be possible to purchase a maximum of 0,143% of Tokens, calculated from the total number of Tokens intended for sale as part of the Token distribution process.
  6. In order to select a particular stage of the Auction, the User is obliged to select a particular stage in accordance with the messages displayed on the Platform. The User may participate in more than one stage of the Auction process at the same time, in accordance with the messages displayed on the Platform.
  7. The Token Price will be determined each time depending on the particular stage of the Auction, according to the formula used: A/Ω x L, where A is the amount intended for the purchase of Tokens by a particular User at a given stage, Ω means the sum of the Amounts allocated by all Users at a given stage, while L is the total number of Tokens allocated at a given stage of the Auction, in accordance with § 5, with the proviso that the Token Price may not be lower than USD 0.10.
  8. If all the Tokens intended for sale at a given stage of the Auction are not sold, in accordance with sec. 4 and sec. 5, 50% (in words: fifty) of unsold Tokens will be burned, while the remaining 50% (in words: fifty) will be allocated to Users who participated in the same stage of the Auction.
  9. The formula indicated in sec. 7, as well as other calculations indicated in § 5, will be calculated automatically by a specially programmed smart contract, and the final value of these calculations will be displayed to the User on the Platform during a particular stage of the Auction or immediately after the end of a particular stage.
  10. Payment as part of the transfer of the Amount by the User in connection with the purchase of Tokens on the Auction, is possible through:
  1. Coinbase Commerce;
  2. Bitbay Pay; 
  3. Stripe;
  4. Adyen; 
  5. Bank transfer:
    PL70 1140 1977 0000 4596 0700 1001

BIC or SWIFT: BREXPLPWMBK

Bank: mBank S.A.

Bank adress: Skrytka pocztowa 2108, 90-959 Łódź 2

SORT CODE: 11402004

 

  1. The Service Provider reserves the right to change, add, delete or modify a particular payment operator indicated in sec. 10, and reserves the right to directly accept the Amount from the User omitting the operators indicated in sec. 10.
  2. The Issuer issues an appropriate document for the purchased Tokens, depending on the status and legal form of a particular User.
  3. The process of distributing Tokens to the User is performed by an automated smart contract, created by the Issuer. Automatic delivery of the Tokens to the User, no later than within 48 hours from the moment of the correct transfer of the Amount by the User, subject to the possibility of extending this period in the event of reasons beyond the Issuer's control, such as technical breaks, Ethereum network failures or the occurrence of broadly understood Force Majeure, up to a maximum of 14 days.



  • 6. KYC/AML

 

  1. The Service Provider, as part of the User's activity on the Platform, identifies and verifies him, due to, among other things, international regulations on counteracting money laundering and terrorist financing. The verification levels and the documents required for this have been specified by the Issuer directly on the Platform.
  2. As part of the application of security measures by the Issuer, in accordance with the procedure on counteracting money laundering and terrorist financing introduced by the Issuer, the User who is a citizen and tax resident of the European Union may purchase Tokens up to EUR 1,000.00 (in words: one thousand EUR 00/100) through basic verification, according to the reduced risk measures introduced by the Issuer, by self-submitting statements on the accuracy of the data provided by the User during the Account registration process. However, the Issuer reserves the right to carry out basic verification if the Issuer has suspicions about the transaction performed by a particular User.
  3. Other Users, who are not citizens and tax residents of the European Union and Users who purchase Tokens for the amount exceeding EUR 1,000.00 (in words: one thousand EUR 00/100), as well as Users about whom the Issuer has doubts as to the transactions they make, must perform basic verification on the Platform. Generally, the basic document for verification is a scan of the identity document of a particular User.
  4. As required by law, the Service Provider may re-verify Users in accordance with an internally developed financial security procedure, consistent with KYC/AML.
  5. If the User makes a transaction exceeding the amount of EUR 15,000.00 (in words: fifteen thousand EUR 00/100), it is necessary to perform additional verification. Additional verification may consist in the necessity to submit other documents, including, for example, confirmation or confirmations regarding the source of funds, or taking a photo with a held document from the basic verification made by the User, a sheet of paper with handwritten text, or a form of the User's photo with a location indicated by the Service Provider, near the address indicated on the address confirmation or video contact between the Issuer and the User.
  6. Details of the documents needed to be provided by the User in terms of its verification are specified directly on the Platform, in the User Account.



  • 7. USER STATEMENTS

 

  1. The User declares and assures the Service Provider that he accepts the provisions of these Rules in full, without any reservations or additions.
  2. The User declares that he is not a citizen or resident of the United States, Luxembourg, Germany, Italy, or another country whose law restricts or prohibits participation in the processes collectively and commonly referred to as Initial Coin Offering or classifies the Token distribution process only as issues of financial instruments or derivatives of instruments as defined in the relevant national laws.
  3. The User declares that as part of this Token Distribution Process (ICO) he acts on his own behalf, and in particular does not act for the benefit of a person or entity being a citizen or resident of the countries indicated in sec. 2, and that the funds intended and transferred to the Issuer come from legal sources.
  4. The User acknowledges and accepts that the Token based on the ERC20 standard is not:
    1. a personal document, on request or issued to the bearer within the meaning of Article 174 of the Commercial Companies Code of 15 September 2000;
    2. a financial instrument within the meaning of Article 2 (1) of the Act on Trading in Financial Instruments of 29 July 2005;
    3. a unit of participation or an investment certificate within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004;
    4. a retail collective investment product within the meaning of Article 4 of the EU Regulation No. 1286/2014 of the European Parliament and of the Council of 26 November 2014 on Key Information Documents for Retail Collective Investment Products and Insurance-based Investment Products (PRIIP) and is not subject to state-guaranteed legal regulations.
    5. The User acknowledges and accepts that this Token Distribution Process (ICO) is not:
  1. a public offering within the meaning of Article 3 (1) of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies of 29 July 2005, or similar;
  2. he activity of managing alternative investment funds within the meaning of Article 1a of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
  3. the activity of managing investment funds within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
  4. the activity performed by an investment fund (open-end investment fund, closed-end investment fund or specialized open-end investment fund), or the activity performed by an alternative investment fund within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
  5. the activity performed by an alternative investment company within the meaning of Article 8a of the Act on Investment Funds and Management of Alternative Investment Funds of 27 May 2004, or similar;
  6. the activity related to trading in financial instruments within the meaning of the Act on Trading in Financial Instruments of 29 July 2005, or similar;
  7. the activity consisting in the provision of payment services within the meaning of Article 3 of the Payment Services Act of 19 August 2011, or similar;
  8. the banking activity, including the activity referred to in Articles 5 and 6 of the Banking Law Act of 29 August 1997, or similar;
  9. outsourcing activity in the field of banking activities, activities of investment funds or insurance or reinsurance companies within the meaning of the relevant provisions of common law or similar;
  10. the activity of a pension fund within the meaning of Article 2 of the Act on the Organization and Operation of Pension Funds of 28 August 1997, or similar;
  11. insurance or reinsurance activity within the meaning of Article 4 (1) and (2) of the Act on Insurance and Reinsurance Activities of 11 September 2015, or similar;
  12. other regulated or licensed activity, in particular the activity requiring a license, permit, notification, concession, entry in the register of regulated activity or any other consent of third parties being public administration bodies, within the meaning of the relevant provisions of national law.
  1. The User acknowledges and accepts that the Issuer does not carry out activities consisting in collecting funds of other natural persons, legal persons or organizational units without legal personality in order to grant credits, loans or risk exposure to these funds in any other way, and that he will undertake such activities.
  2. The User declares that he is aware that the Issuer does not guarantee the User that the Token Distribution Process, as well as the acquisition of the Tokens themselves, will bring the User the expected results, or economic or financial benefits, and confirms that the Issuer does not provided or did not guarantee the User such results or financial benefits. In addition, the User declares that he is aware of the various types of risk related to the process of joining the Token Distribution Process, and declares that he is familiar with the types of risks associated with this process, which have been detailed in the Whitepaper.
  3. The User acknowledges and accepts that by joining this Token Distribution Process, he does not join the Issuer's company, does not form a partnership with him, within the meaning of the Commercial Companies Code of 15 September 2000 or other local laws, and does not acquire corporate rights in the Issuer's company and does not enter into a legal relationship of a similar nature with the Service Provider, including, for example, a civil partnership or joint venture.
  4. The User acknowledges and accepts that the Tokens may not be treated as an investment and will not be issued as an investment, and any nomenclature used by the Issuer in his materials related to the Token Distribution Process is only the wording used by the Issuer to illustrate a particular situation.
  5. The User acknowledges and accepts the fact that the conclusion of these Rules may have tax consequences for him, and the tax obligation in this regard rests directly with him.
  6. The User declares that he is familiar with this Token Distribution Process, its mechanism, as well as the scope of services provided by the Issuer and additional materials in the form of the Whitepaper, as well as obtained all the necessary information and data, which he considers sufficient to decide on the acceptance of these Rules, transferring the Amount to the Issuer, as well as joining the Token Distribution Process, and that he has extensive knowledge of the functioning, use or usability of software based on blockchain technology.



  • 8. ISSUER STATEMENTS

 

  1. The Issuer declares that according to the current state of technical knowledge, he has the necessary experience and qualifications, as well as technical and personal resources to carry out this Token Distribution Process.
  2. The Issuer declares that there are no obstacles on his part that could prevent the performance of this Token Distribution Process, but this does not mean that he ensures the User or guarantees that this Token Distribution Process will be carried out and completed in accordance with the original assumptions, however, he will exercise due diligence to make this happen.
  3. The Issuer makes no representations regarding the successful development or implementation of innovative solutions, and disclaims any guarantees implied by national law.



  • 9. OBLIGATIONS OF THE PARTIES

 

  1. The Issuer undertakes to program and implement a smart contract, which will be the primary distribution mechanism for the Tokens. For this purpose, the Issuer undertakes to carry out appropriate tests of the smart contract, as well as its implementation in the main network, in order to timely issue the Tokens for the User.
  2. In order to properly and reliably issue the Tokens, the Issuer undertakes to provide the User with the appropriate function in ccFOUND, which will enable the use of Tokens in accordance with their functions described in the Whitepaper, as well as free disposal within the Ethereum network.
  3. The User is obliged to comply with the provisions of these Rules, as well as other provisions of law generally applicable in his country.
  4. The User is obliged to inform the Issuer on an ongoing basis about any changes resulting from his performance of the provisions of these Rules, and in particular to report any reservations in writing to the Issuer's address regarding the course of the Token Distribution Process in the context of the proper implementation of the provisions of these Rules and the conditions specified in the Whitepaper, within 14 days from the date of detection of any irregularities, under pain of losing the possibility of raising any claims against the Issuer.
  5. The User is obliged to immediately submit to the Issuer all data, statements and documents requested by the Issuer and which, in his opinion, will be necessary to implement the provisions of these Rules.



  • 10. SANCTIONS AND COMPLAINTS

 

  1. Violations of the provisions of these Rules may, depending on the scale of the breach, result in:
    1. a warning;
    2. temporary suspension of the User Account, that is blocking access to the User Account;
    3. deletion of the User Account, which is tantamount to termination of the agreement, with the possibility of imposing a contractual penalty in the event of particularly gross acts to the detriment of the Issuer;
  1. The Parties agree that the deletion of the User Account under any legal or factual condition does not result in the Issuer being obliged to return the amount paid to the User, providing it happened, to the extent to which the Issuer has incurred direct and indirect reasonable costs related to the implementation of the provisions of these Rules and the Whitepaper, as well as the Token Distribution Process until the User Account was deleted.
  2. Users and third parties may report violations, complaints and appeals against decisions to the Issuer's email address or via the Contact Form. The notification must include:
  1. identification of the notifying person or entity;
  2. indication of whether he is a Platform User, and if so, with his login;
  3. precise description of the notification;
  4. The issuer provides information on the consideration of the notification by electronic means within 30 (in words: thirty) working days from the date of its receipt. A response to the notification will be sent to the notifying person at the address provided by him in the complaint. The Issuer reserves the right to extend the above-mentioned period by a maximum of additional 30 (in words: thirty) business days if the consideration of the notification requires additional information or encounters obstacles beyond the Service Provider's control, in particular, such as hardware or Internet network failures. The Service Provider also stipulates that consideration of the notification may require additional explanations from the notifying person or entity – the time of providing such explanations by him each time extends the period of consideration of the notification.
  5. Sending the complaint notification by the notifying person in an electronic form is tantamount to consent to receive an electronic response from the Issuer.



  • 11. PROCESSING OF PERSONAL DATA

 

  1. The Issuer is the administrator of Users' personal data. Contact with the Issuer is possible at the email address: support@ccfound.com.
  2. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation - hereinafter referred to as "GDPR"), the Personal Data Protection Act of 10 May 2018 and the Act on Providing Electronic Services of 18 July 2002. Details on the processing of personal data are set out in the Privacy Policy available on the Platform at https://shop.ccfound.com/page/show/1847.
  3. Providing personal data is voluntary, however, it is a necessary condition to register a User Account, as well as to purchase Tokens, in terms of identification and address data.
  4. Upon registration of the User Account on the Platform, the User consents to the inclusion of his personal data in the Issuer's database and to the processing and profiling for the purposes specified in the Privacy Policy.
  5. The User is responsible for providing false personal data.
  6. The Issuer ensures that he makes every effort to ensure that the processing of personal data by him takes place with the greatest respect for the privacy of persons whose data is processed and with the utmost care for the security of personal data processed, and in particular he ensures that he has taken all legal measures aimed at securing personal data files, and that he applies technical and organizational measures to ensure the protection of personal data being processed, appropriate to the threats and categories of data protected, and in particular, protects personal data against unauthorized disclosure, processing in violation of the law and loss, damage or destruction.



  • 12. LIABILITY AND WITHDRAWAL FROM THE CONTRACT

 

  1. The entity responsible for carrying out the Token Distribution Process, as well as for the information provided in the Whitepaper, is the Issuer, who provided all information to the best of his knowledge.
  2. The parties are responsible for the proper performance of the subject of these Rules on the general principles referred to in Article 471 of the Civil Code of 23 April 1964.
  3. The obligations of the Issuer provided for in these Rules shall be treated as obligations of due care and with due diligence provided for this type of relationship. Under no circumstances may the Issuer's liability be assessed on the basis of the provisions and principles relating to performance obligations.
  4. The Issuer is not liable for non-performance or improper performance of the Rules as a result of any risks related to joining the Token Distribution Process indicated in the Whitepaper.
  5. The User acknowledges that this Token Distribution Process is a process based on the use of innovative and modern technologies, the use of which is associated with specific types of risk indicated in the Whitepaper, and also that the position of state authorities with regard to the use of this technology is constantly changing, in terms of developing a uniform line of interpretation.
  6. Under these Rules, the Issuer does not provide the User with any guarantees or assurances regarding the services that are impossible to meet or guarantee, in particular regarding the benefits related to the Token Distribution Process.
  7. The Parties jointly declare that the liability of the Issuer towards the User who is not a consumer under the warranty shall be excluded to the fullest extent permitted by the provisions of generally applicable law.
  8. If the User is a Consumer, the Issuer informs and the User accepts that the right to withdraw from the contract is excluded due to the supply of digital content that is related to the financial market over which the Issuer has no control, which results in volatility and price fluctuations in these markets.
  9. The User who has joined the Token Distribution Process and thus purchased Tokens may not delete his User Account and thus may not delete the documents provided to the Service Provider as part of the verification process of an individual User, in accordance with § 6 of these Rules.



  • 13. APPLICABLE LAW AND CHOICE OF COURT

 

  1. The provisions of these Rules and any disputes between the Issuer and the User are subject to the provisions of the applicable national law of the country in which the Issuer has his registered office.
  2. In matters not covered by these Rules, the provisions of Polish law shall apply, in particular the provisions of the Civil Code of 23 April 1964.
  3. The parties agree that any disputes that may arise between the User and the Issuer in connection with these Rules will be settled by the court competent for the place of the Issuer, and in the case of the User who is a Consumer, within the meaning of the Civil Code, by the court having local and material jurisdiction, in accordance with provisions of generally applicable law.
  4. If the User is a Consumer, any disputes arising under these Rules may be resolved through mediation or via the EU ODR Internet platform, available at http://ec.europa.eu/consumers/odr/.



  • 14. ADDITIONAL PROVISIONS

 

  1. The Issuer ensures the operation of the ICT system in the form of a Platform, in such a way that each User may terminate the use of the Platform at any time free of charge, subject to § 12 sec. 9 of these Rules.
  2. The Issuer ensures the operation of the ICT system he uses in a way that prevents unauthorized access to the content of the message comprising electronic services.
  3. The Issuer stipulates that the use of electronic services may involve technical risk, typical for the use of the IT system. Users should protect their electronic connections and devices against unauthorized access, including in particular installing anti-virus software.
  4. The Issuer reserves the right to interfere with the technical structure of the User Account in order to diagnose any irregularities in the functioning of particular services, and he may also make changes and in any other way affect the technical side of the User Account, in order to modify it or restore the correct operation of the User Account or the Platform itself.
  5. The User hereby unconditionally and irrevocably acknowledges and accepts that he cannot transfer his rights and obligations under these Rules to a third party without the prior written consent of the Issuer, under pain of nullity. This prohibition does not apply to the situation of secondary disposal of Tokens acquired by the User to third parties.
  6. By secondary disposal to third parties, the Parties understand the sale of the Tokens that the User will receive from the Issuer in accordance with the principles set out in these Rules, as well as in the Whitepaper. The parties agree that the prohibition of changing the creditor of the User's receivables without the prior written consent of the Issuer also applies to any legal transactions of the User other than transfers, which may result in entering into the creditor's rights by a third party or acquiring the creditor's rights by a third party, in particular although not exclusively, as a result of the surety, repayment of the debtor or lien.
  7. The User acknowledges and accepts that in the event of unfavorable changes in the tax and legal environment, the Issuer may transfer the rights and obligations resulting from the implementation of the provisions of these Rules, in particular to the extent that it is related to the issue of Tokens to another entity, person or third parties, including the transfer of rights and obligations to another, newly established company. Moreover, the User consents to all transformations and legal changes of the Issuer himself.
  8. The transfer of rights by the User is prohibited, in accordance with the conditions set out in § 5, unless the Issuer agrees to it in writing.



  • 15. FINAL PROVISIONS

 

  1. The Issuer has the right to amend these Rules without giving any reason. In such a situation, the Issuer will inform about changes to the Regulations in a visible place on the Platform or by email addressed to Users or directly as part of the message available on the User Account. If the User does not agree to the change of the Rules, he has the right to close the User Account.
  2. Lack of legal basis or incompleteness of any of the clauses contained in the Rules does not mean that the entire Rules shall be invalid. These provisions are changed to those that best reflect the sense and purpose of the existing provisions.
  3. The User is obliged to determine how and according to what law he will be taxed in connection with the purchase of Tokens and to pay due tax to the competent tax authorities. The Service Provider is not responsible for incorrect tax settlement of an individual User due to the purchase of Tokens by him.
  4. The Service Provider has the right to temporarily or permanently discontinue or limit the provision of the Services, without prior notification to the Users. In particular, the Service Provider is entitled to carry out maintenance works aimed at restoring the security and stability of the ICT system. The User has no claim in connection with the interruption or cessation of the Service by the Service Provider.
  5. These Rules shall enter into force on 8 December 2020.