Terms and conditions

INTRODUCTION

These Terms and Conditions (“Terms”) describe the rules for visitors of the Ordify platform (the “Platform”), our website at https://ordify.world/ and our related websites, as well as users of the ORFY Wallet mobile app, or any other software, tools, features or functionalities in connection with our services thereon (collectively, the “Service”), including their accessing, downloading or using of any component of the Service; using, sending or receiving tokens or otherwise transacting with any component of the Service; or selling, purchasing, using, transferring or receiving tokens such as the “$ORFY token (“Tokens”). These Terms constitute a legally binding and enforceable agreement between you and Sentrylabs Limited (Company Registration No. 76133417), a company incorporated under the laws of the Hong Kong Special Administrative Region of the People's Republic of China with its registered address at Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central Hong Kong, its affiliates and subsidiaries (collectively, “Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean you as the user of the Service. All information on the Service is strictly for general information only and does not constitute any advice whatsoever. The Company is not a payment services provider, digital payment token exchange operator, operator of a market for securities, units in collective investment schemes, or derivative contracts capital markets services provider, broker, financial institution, money services business or creditor. The Company provides unregulated services through the Platform for investing / deploying liquidity in DeFi structured products using the Tokens and for transferring BRC-20 tokens between the BTC and ETH blockchains (through ORFY Bridge). To use our Service, you must use our ORFY wallet, which allows you to make or receive payments in ORFY tokens on the Platform through the Ordinals and Bitcoin ecosystem. You may connect your existing third-party wallets to the ORFY wallet to purchase the Tokens on the Platform. The Platform also provides for a launchpad feature allowing users to launch projects, in return for which the user will enjoy free airdrop of the Tokens. To be eligible, the user must be staking, tweeting and referring friends. The Company is not a party to any agreement or transaction between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of the Tokens that you purchase from third-party sellers and we make no warranties about the identity, legitimacy, functionality, or authenticity of users or the Tokens on the Platform. Please read the Terms and privacy policy carefully before using the Service. If you do not agree to the Terms or privacy policy, please do not use the Service.

Acceptance

You represent and warrant that you are of legal age to accept the Terms and to use the Service in accordance with the Terms. The Company reserves the right to terminate your account on the Service or restrict your use of the Service, without prejudice to any other legal right or remedy the Company may have against you, where you have acted in breach of these Terms. Additionally, all other licenses granted by the Company will terminate automatically if you breach any of these Terms.

Validity

The Terms shall remain in full force and effect unless and until terminated by either you or us. You may terminate your agreement with us at any time by ceasing all access to the Services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of the agreement (including without limitation any provision of these Terms), we reserve the right to terminate our agreement with you and deny you access to the Services. We further reserve the right to restrict or limit your access to the Services or to stop providing you with all or a part of the Services at any time and for no reason, including, without limitation, if we reasonably believe: (a) your use of the Services exposes us to risk or liability; (b) you are using the Services for unlawful purposes; or (c) it is not commercially viable to continue providing you with our Services. Please note that this is not exhaustive and we expressly reserve all rights and remedies that may be available to us, whether in equity or at law.

WE RESERVE OUR RIGHT TO MODIFY THE SERVICES AT ANY TIME. HOWEVER, PLEASE NOTE THIS DOES NOT MEAN THAT WE HAVE ANY OBLIGATION TO UPDATE THE SERVICES. IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SERVICES THAT MAY AFFECT YOU. YOU AGREE THAT WE MAY REMOVE THE SERVICES AND/OR ANY CONTENT THEREON FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

Modifications

These Terms were last updated on 17th February 2024. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Service. By continuing to access or use the Service, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop using the Service.

Your Self-Custodial Wallet

To access the Platform, you must register a profile and ORFY wallet on our Platform. Please refer to our Privacy Policy for more details on the information we collect from you and how we use it.

It is your responsibility for maintaining the confidentiality of your account and all the activities that occur under your account. If you believe that your account has been compromised, please immediately notify us at info@ordify.world.

You are solely responsible for maintaining the security of your self-custodial wallet and securing your cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We do not have access to your private keys. Any unauthorized access to your self-custodial wallet by third parties could result in the loss or theft of any crypto asset or funds held in your account and any associated accounts. We have no involvement in, and you will not hold us responsible for managing and maintaining the security of your self-custodial wallet. The private key associated with the self-custodial wallet address from which you transfer cryptoassets or the private key associated is the only private key that can control the cryptoassets you transfer into the smart contracts. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Services will operate with any specific wallet.

Rewards and Refund Policy

The Platform provides a lucrative rewards system to ensure that users are rewarded everyday in the form of the tier structure (intern, engineer, pilot, specialist, astronaut or satoshi) and depending on the number of Tokens staked.

You may be entitled to a refund subject to our mandatory refund policy or optional refund policy accessible at: https://ordify.gitbook.io/ordifyworld/ordify/the-launchpad/refund-policy

Mandatory Refund

If the token of a project falls below the Initial DEX Offering (IDO) price within the first 72 hours, all users will be subjected to a full refund and the projects will forfeit any distributed tokens. In addition, this will protect users who are using the Platform and ensure they receive their funds at no loss.

Optional Refund

Optional refunds are also offered by us at our sole and absolute discretion and on case-by-case basis. Not all projects launched on the Platform’s launchpad are entitled to a refund and we assess each project individually to determine whether it is eligible for optional refunds.

Understanding the "Optional Refund" feature:

Grace Period Duration: The duration of the Grace Period varies depending on the project, and in certain cases, there may be no grace period at all, as optional refunds are not guaranteed for all projects. This will be communicated with the community and will be displayed in each pool.
Start of the Grace Period: The Grace Period begins concurrently with the start of the project vesting period (at listing) and not from the IDO date.
Claiming Tokens or Requesting Refund: During the Grace Period, users have the option to either claim tokens or request a refund. However, choosing to claim tokens renders them ineligible for a refund as both options are mutually exclusive (i.e. if you choose to claim the tokens, you will not be eligible for a refund. If you request a refund, you will not be able to claim the tokens).
Cancelling Refund Request: Notwithstanding the above, if a user initially requests a refund but later decides to claim tokens instead, they can cancel their refund request and opt to claim the tokens as long as they exercise their option within the duration of the Grace Period.
Refund Process: At the end of the Grace Period, users who have requested a refund will be able to claim their refund in USDT on the Platform, on the same network, in the same currency, and through the same page where their original investment was made.

This "optional refund" feature aims to provide users with flexibility and choice regarding their investment in projects, ensuring a seamless and user-friendly experience on the Platform.

Payment Terms

Fees

When you use the Service, you may be required to make or receive payment for the purchase or sale of the Tokens in Stablecoins like USDT or cryptocurrencies like ETH or others through your wallet, where applicable.

Gas Fees

Gas refers to the cost necessary to perform a transaction on the network. Blockchain transactions require the payment of transaction fees to the appropriate network (“Gas Fees”) and this is subject to gas limit and gas price. You will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of our Services.

You are responsible for paying all fees including Gas Fees, applicable taxes (if any) and associated costs charged by the Company in a timely manner with a payment mechanism associated with the Platform (including making payments using ETH or other cryptocurrency through your respective blockchain e-wallet that are independent of the Company). The payment transaction in consideration for the sale, purchase or transfer of the Tokens takes place directly between you and the seller or purchaser of the Tokens, without the Service or the Company providing any payment services. The sale, purchase or transfer of the Tokens, as well as transfer of ownership of the Tokens from the seller to the purchaser will be completed by way of a blockchain smart contract on the Service.

The Company may introduce new products on the Platform. Please note that all fees on the Service may be subject to variation and the Company reserves the right to vary the fees in its sole and absolute discretion.

By making payment on the Platform, you agree to the following:

(a) The fees may be subject to variation in accordance with fluctuations in cryptocurrency at the time of payment;
(b) Unless otherwise specified, you may make payment in specified cryptocurrencies only;
(c) To declare and pay any local taxes as applicable on the payments made on the Platform;
(d) That the actions of third-party service providers and payment platforms that you have selected from the options available on the Service are not within our control and by selecting a third-party service provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party service providers or payment platforms;
(e) Subject to our cancellation and refund policy, all purchases are non-refundable;
(f) Taxes payable by you are calculated based on the billing information at the time of purchase;
(g) There will be gas fees charged to you for the processing of your transactions on the Ethereum network used by the Platform, payable directly to the Ethereum network, the amount of which may vary based on the Ethereum network’s demand and congestion at any given time. In various instances, the Platform uses gas fee optimization techniques, which help save individual gas fees, and these optimized gas fees may be recovered from the product vaults directly by the Company via pre-designed smart contract codes, which are duly audited by third party security experts / audit firms.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Service.
We may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on the Platform.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Platform are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your transaction at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
We reserve the right to determine pricing for the Service. You are encouraged to check our Platform or website periodically for current pricing information.
Refund and cancellation policy: All fees are in stablecoins, or ETH or other cryptocurrency (as applicable) and are strictly non-refundable (except as required by applicable law) and cancellations are not allowed.

Your Obligations

You hereby represent, warrant and/or undertake the following:

(a) You are not a citizen or resident of, or registered in, a country, whose legislation does not allow for the use, purchase, sale, offer, redemption, disposal, or dealing in relation to the Tokens and/or the Service;
(b) You are not a citizen or resident of, or registered in, Singapore, the United States or any of the Prohibited Jurisdictions (defined below);
(c) You are at least 18 years old and you are not currently suspended or are not permanently banned from the Service, and your registration and your use of the Service complies with any and all applicable laws and regulations;
(d) If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms;
(e) If you are an entity, organization, or company, you are (i) duly incorporated and validly existing under the laws of its country of incorporation; and (ii) it is not prohibited by its constitution or any applicable laws from being bound by these Terms;
(f) You are legally permitted to transfer payment, and receive, hold and sell the Tokens in your jurisdiction;
(g) Your use of the Service does not constitute and will not result in a breach, default, contravention, or violation of any law applicable to you, or any contract or agreement to which you are a party to or by which you are bound;
(h) Your purchase, sale, holding, receipt and use of the Tokens does not: (i) represent or constitute a loan or other investment in the Company or any business or venture; (ii) provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of any kind or nature, or voting rights whatsoever in, the Company or any other business or venture; and (iii) create or imply or entitle you to the benefits of any fiduciary or other agency relationship between the Company or any of its directors, officers, employees, agents or affiliates, on the on hand, and you, on the other hand. You are entering into these Terms for the purpose of using the Service for its intended purposes only and not make any investment whatsoever with respect to the Company or its securities;
(i) You have knowledge and experience in using and evaluating blockchain and related technologies and assets. You have conducted your own thorough independent investigation, assessment and analysis of the Service and matters contemplated by these Terms, and you have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set out by these Terms;
(j) You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Service, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service;
(k) The tokens, digital assets, or other funds you use to purchase, sell or transfer the Tokens are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law;
(l) You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose on or using the Service. You must not make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Service nor any derivative works thereof;
(m) You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Service, or any derivative works thereof unless permitted to under these Terms;
(n) You must not violate (or help or encourage others to violate) these Terms or our policies, including the privacy policy;
(o) You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Service, disrupt our website or any networks connected to the Service, or bypass/circumvent any measures we may use to prevent or restrict access to the Service;
(p) You must not attempt to create accounts or access or collect information in unauthorized ways including creating accounts or collecting information in an automated way on the Service without our express permission;
(q) You must not post, on any medium, app, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Service that violates someone else's rights, including intellectual property;
(r) You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Service;
(s) You must not use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting shill reviews;
(t) You must not use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to the Company;
(u) You must not use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
(v) You must not use the Service to upload, transmit, distribute, store or otherwise make available in any way:
1. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
2. any unsolicited or unauthorized advertising, solicitations, or any other prohibited form of solicitation;
3. any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
4. any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
5. any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
6. any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm;
7. any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose the Service or its users to any harm or liability of any type.
Where you are an entity, the additional requirements under this sub-clause (l) shall apply to you. You shall not:
1. Misrepresent the functions, use or any other specification of the Service to your customers who are purchasing, selling or transferring the Tokens;
2. You shall not, in the course of operation of your business, make any adverse or derogatory comment about the Company, its directors or employees, nor do anything which shall, or may, bring the Company, its directors or employees into disrepute or otherwise attempt to taint the Company’s goodwill; and
3. You shall indemnify the Company for any losses suffered by the Company arising out of or in connection with your breach of any of the Terms.

Exclusions

You are not permitted to use the Service if you are located in or a resident of the United States of America, North Korea, Iran, Venezuela or any other jurisdiction in which it is prohibited from using the Service including Canada, Republic of Korea, Republic of Singapore, The People’s Republic of China, Bosnia, Albania, Belarus, Burma, Côte d'ivoire, Cuba, Democratic Republic of Congo, Congo-Brazzaville, Afghanistan, Albania, Burundi, Bosnia and Herzegovina, Belarus, Barbados, Botswana, Central African Republic, China, Republic of the Congo, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Cambodia, Lebanon, Libya, Myanmar, Nicaragua, Somalia, Serbia, South Sudan, Syria, Uganda, United States, Venezuela, British Virgin Islands, Yemen, Zimbabwe. (the ”Prohibited Jurisdictions”). The foregoing restrictions also apply equally to residents and citizens of other nations who attempt to use the Service while located in a Prohibited Jurisdiction. You are deemed to have breached the Terms if you circumvent or attempt to circumvent by any means (including but not limited to manipulating the information used by us to identify your location, providing us with false or misleading information regarding your location or place of residence) the restrictions imposed on persons located in a Prohibited Jurisdiction.

Any attempt to use the Service if you are located in a Prohibited Jurisdiction shall render all your monies (including cryptocurrencies) VOID, and can be confiscated or may be returned to you subject to our sole and absolute discretion.

Your use of the Services may be limited if we have reason to believe, in our sole discretion, that:

You are using the Services for illicit purposes, including but not limited to money laundering or any illegal activity;
You have engaged in fraudulent activities;
You have acquired crypto assets by using stolen funds or other inappropriate means;
You are a person of interest or target by the OFAC, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction;
You, whether an individual or entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List, Consolidated Sanctions List, or any other sanctions lists administered by OFAC;
You have violated the Terms by using the Platform for illegal purposes, or such other purposes which we may deem illegal in our sole and absolute discretion, for which we reserve the right to take action against.

The Platform or Company is not responsible for any losses, whether direct or indirect, that we may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order. Accessing or using the Services and Platform (including any engagement with project(s) through the Platform) is subject to compliance with economic sanctions imposed by applicable jurisdictions.

Without prejudice to the above, you further represent and warrant that you shall not acquire any the Tokens or use any of the Services through the Platform if:

You are in, under the control of, or a national or resident of any country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or is on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or
You intend to supply the acquired Tokens or provide the Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

Ownership

All content, text, links, graphics, logos, icons, photos, audio, videos, visual interfaces, design, compilation information, data, computer code, products, software, the overall “look and feel” (e.g., page headers, button icons, and scripts) or other materials uploaded, downloaded or appearing on the Service (collectively, the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. Except as expressly authorised by the Company, you are not permitted to use the Content.

Licence

You may download or review the Content strictly for non-commercial purposes only, for which we grant you a limited, personal, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable licence for that purpose, subject to your complete and ongoing compliance with these Terms. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Service nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.

Intellectual Property Rights

We own (and are entitled to enforce) all proprietary rights in the Service, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

Disclaimers

We do not offer any form of advice. The information on the Service is strictly for general information only and do not constitute any advice whatsoever.

We make no guarantees, representations or warranties, whether express or implied, with respect to the use of the Service. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.

We do not warrant or guarantee the reliability and suitability of the blockchains that we use in providing the Services. While we aim to ensure to the best of our ability the accuracy, details and information on the Service, we cannot and do not guarantee the full quality, safety or legality of the Tokens and fully disclaim any liability for the Tokens and the Service.

We are not responsible for the conduct of any user. We may not be able to provide the Service to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet on or through the Service (where applicable). You agree to take all necessary precautions in all interactions with other users.

We do not allow for the Service to facilitate the sale and purchase of the Tokens which may confer on its holders any legal or beneficial ownership interest in a corporation, partnership, limited liability partnership, fund, or property, liability in the corporation, partnership, limited liability partnership, fund, or property, or mutual covenants with other parties in a corporation, partnership, limited liability partnership, fund, or property inter se or any right in relation to distributions of income out of the profits of a corporation, partnership, limited liability partnership, fund, or property, or any equity ownership or any governance, voting rights or control over the management of any corporation, partnership, limited liability partnership, fund, or property.

We do not allow for the Service to facilitate the sale and purchase of the Tokens which may constitute a debt instrument by entitling its holder to receive any payment of money or money’s equivalent from its issuer, a unit in a collective investment scheme, a security, or a derivative contract.

We do not provide through the Service any service of processing any transfer of payments.

We do not administer, oversee, govern, facilitate or assume any responsibility for the secondary sales of the Tokens and we do not administer, oversee, govern, facilitate or assume any responsibility for the usage of the Tokens by the users. The Platform users and the Tokens holders shall not hold the Company responsible for any losses that they may sustain arising out of and in connection with their usage of and dealing in the Tokens, the Bitcoin and Ethereum Blockchain.

We do not issue to users of the Service any monetary value of any form, any digital representation of value, or any payment accounts through which deposits, transfers, or withdrawals of money may be made.

We are not regulated or licenced under the Securities and Futures Act 2001.

The accuracy of data, programs or materials accessed through this Service is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:

carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
obtain any appropriate professional advice relevant to the user’s particular circumstances.

Assumption of Risk

You may face the risk of losing access to the Tokens due to loss of private key(s), custodial error or acquiror error:

A private key, or a combination of private keys, is necessary to control and dispose of the Tokens stored in your digital wallet or vault. Accordingly, loss of the requisite private key(s) associated with your digital wallet or vault storing the Tokens will result in loss of such Tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a digital wallet or vault service you use, may be able to misappropriate your Tokens. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store the Tokens, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your Tokens. Transactions in the Tokens are irreversible and accordingly, losses due to fraudulent or accidental transactions may not be recoverable. For instance, if you provide the wrong address for receiving the Tokens, it may result in the loss of your Tokens.

There are risks of mining attacks as well, such as:

As with other decentralized cryptographic tokens, the Tokens are susceptible to attacks by miners and validators in the course of validating the Tokens transactions on the Bitcoin and Ethereum 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 Tokens, including, but not limited to, accurate execution and recording of transactions involving the Tokens.

There are risks of hacking and security weaknesses, including the following:

Hackers or other malicious groups or organizations may attempt to interfere with the Platform or the Tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, phishing emails, man-in-the-middle, phone hijacking, ransomware, hacking, spoofing and other cyber-attacks. Furthermore, as the Platform is based on open-source software or distributed ledger technology which is decentralized, there is a risk of smart-contract security vulnerabilities and that a third party or a member of the Company may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Platform, which could negatively affect the Platform and the Tokens. These may cause malfunction, unexpected function or unintended function of the blockchain, any computer or crypto asset network (including any wallet provider), including without limitation losses associated with network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking, or cybersecurity breaches. Among other things, you could lose your Tokens due to the above threats. You are responsible for educating yourself on protecting your personally identifiable information and on cybersecurity best-practices. The Company will take all steps that are commercially reasonable and customary to prevent or mitigate the impact of cyber-attacks. However, there can be no guarantee that the Company will be successful in preventing all cyberattacks on its systems.

Risks Associated with Tokens

There are risks associated with markets for the Tokens:

You are permitted to sell your Tokens. The secondary trading of the Tokens may be facilitated by third-party exchanges, and such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to market-related risks. Furthermore, to the extent that third-parties do ascribe an external exchange value to the Tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and diminish to zero.
Further, there may be a risk of competition between the Company and other blockchain-based businesses.

You may face risks of uninsured losses:

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

You may face risks associated with uncertain regulations and enforcement actions:

The regulatory status of the Tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Company and the Tokens. Regulatory actions could negatively impact the Company and the Tokens in various ways, including, for purposes of illustration only, through a determination that the Tokens are a regulated financial instrument that requires registration or licensing. The Company may cease operations in a jurisdiction in the event that 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.

You may face risks arising from taxation:

The tax characterization of the Tokens is uncertain. You must seek your own tax advice in connection with acquiring the Tokens, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.

You may face risk of disruption or dissolution of the Company:

It is possible that, due to any number of reasons, including, but not limited to, an unfavourable fluctuation in the value of BTC (or other cryptographic and fiat currencies), decrease in the Tokens’ utility, the failure of commercial relationships, or intellectual property ownership challenges, the Company may be dissolved. The digital nature of the Company means that technological difficulties experienced by the Company and its affiliates may prevent the access or use of your Tokens. While the Company will take all steps that are reasonable and customary to prevent or mitigate the impact of disruptions in the Company’s business operations and services, there can be no guarantee that the Company will be successful in preventing all such disruptions.

You may face unanticipated risks, such as the following:

Cryptographic tokens such as the Tokens are a new and evolving technology. In addition to the risks included in these Terms, there are other risks associated with your acquisition, holding and use of the Tokens, including those that the Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in these Terms.