LANGUAGE DISCLAIMER – IN ORDER TO AVOID ANY POTENTIAL TRANSLATION INCONSISTENCIES WHICH MAY BE OUT OF THE COMPANY FOUNDATION CONTROL, THE TERMS AND CONDITIONS ARE ONLY AVAILABLE IN ENGLISH. IF YOU ARE UNABLE TO UNDERSTAND THE LANGUAGE, PLEASE SEEK THE ASSISTANCE OF A PROFESSIONAL TRANSLATOR BEFORE CONTINUING.
ALSO WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PARTS OF THESE TERMS AT ANY TIME AND FOR ANY REASON WITHOUT YOUR CONSENT. NOTE THAT THESE TERMS ONLY GOVERN THE SALE AND PURCHASE OF SPRINTX TOKENS IN DURATION OF THE TOKEN CROWDSALE (ICO’S) AND DO NOT GOVERN THE USE OF THE SPRINTX WEBSITE , SPRINTX PLATFORM, APPLICATIONS OR SERVICES.
SPRINTX EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) USAGE OR ACQUISITION OF PRODUCTS, AVAILABLE THROUGH THE SPRINTX WEBSITE .
IMPORTANT WARNING: YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND DEPENDS ON YOUR JURISDICTION YOU SHALL BE TWENTY ONE YEARS OLD TO BE PART OF THIS ICO SALE. OTHERWISE YOU ARE PROHIBITED FROM TAKING ANY PART IN THE ICO AND WE REQUEST YOU TO LEAVE THE WEBSITE.
HEREIN YOU DECLARE THAT:
IMPORTANT WARNING: DO NOT PURCHASE OR TAKE ANY PART IN THE “TOKEN SALE” IF YOU ARE A CITIZEN, RESIDENT OR REPRESENTATIVE OF ANY LEGAL ENTITY OF IN THE UNITED STATES OF AMERICA, CANADA, THE REPUBLIC OF KOREA, THE REPUBLIC OF SINGAPORE, AND THE PEOPLE’S REPUBLIC OF CHINA (“RESTRICTED AREAS”) THEIR TERRITORIES OR POSSESSIONS OR ANY OTHER JURISDICTION FORBIDDING PARTICIPATION IN TOKEN CROWD-SALES (INITIAL COIN OFFERINGS).
FOR US IS IMPORTANT TO LET YOU KNOW THAT YOU SHALL NOT PURCHASE OR TAKE ANY PART IN THE “TOKEN SALE” IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKEN AND BLOCKCHAIN BASED SOFTWARE SYSTEMS, THE PREVIOUS IS BECAUSE WE DO NOT ASSURED OR WARRANTED THE AMOUNTS GIVEN TO US DURING THE ICO. ONLY THOSE WHO WON’T PASS KYC WILL BE REFUNDED.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS.
PLEASE READ THESE TERMS OF TOKEN SALE CAREFULLY. NOTE THAT THE DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH, IF APPLICABLE TO YOU, AFFECTS YOUR LEGAL RIGHTS.
IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT PURCHASE OR HOLD SPRINTX TOKENS.
YOUR PURCHASE OF SPRINTX TOKENS (“ SPRINTX TOKEN” OR “SPTX”) DURING THE SPRINTX TOKEN CROWDSALE THE TOKENS WILL BE SOLD BY SPRINTX SA, A COMPANY DULY ESTABLISHED AND REGISTERED IN SWITZERLAND,
EACH OF YOU AND COMPANY IS ALSO REFERRED TO AS A “PARTY,” AND TOGETHER THE “PARTIES.”
BY PURCHASING SPRINTX TOKENS FROM US DURING THE CROWDSALE, YOU WILL BE BOUND BY THESE TERMS AND ANY OTHER TERMS INCORPORATED BY REFERENCE.
PERSONS EXCLUDED FROM TOKEN SALE
ANY PERSON OR ENTITY, INCLUDING ANYONE ACTING ON ITS BEHALF, BEING BASED, DOMICILED, LOCATED OR INCORPORATED IN THE UNITED STATES OF AMERICA, CANADA, THE REPUBLIC OF KOREA, THE REPUBLIC OF SINGAPORE, AND THE PEOPLE’S REPUBLIC OF CHINA (“RESTRICTED AREAS” ), SHALL NOT USE THE SPRINTX WEBSITE OR SPRINTX TOKENS AND SHALL LEAVE THE WEBSITE IMMEDIATELY.
SPRINTX SHALL NOT BE RESPONSIBLE FOR FRAUDULENT, DECEPTIVE OR OTHERWISE MALICIOUS USE OF ANY TOOLS WHATSOEVER BY PERSONS OR ENTITIES BASED, DOMICILED, LOCATED OR INCORPORATED IN THE RESTRICTED AREAS TO USE THE WEBSITE OR THE SPRINTX TOKENS UNDER THE SEMBLANCE OF PROVENANCE FROM ANY OTHER JURISDICTION OUTSIDE THE RESTRICTED AREAS.
The following terms shall have, for the purposes of these Terms, the following meaning:
3.1. The procedures and material specifications of the Crowdsale are provided in SCHEDULE B. By purchasing SPTX you acknowledge that you have read and understood SCHEDULE B and this Terms.
3.2. Contributions sent to SprintX in exchange for SPTX shall be considered a purchase of services offered by SprintX and accessible via the SprintX Platform and shall be made in Digital Assets.
3.3. Additional procedural instructions may be published on the SprintX Website. Failure to follow the published instructions for Contributions on the Website may limit, delay, or prevent you from participating in the Crowdsale. By purchasing SprintX Token, you understand and accept that your transfer of Digital Assets shall be processed by a smart contract system based on Ethereum, and you shall receive SprintX Tokens at a future date.
4 . RISKS
4.1. You understand and agree that Digital Assets, SPTX, blockchain technology, Ethereum, Ether and other associated and related technologies are new and relatively untested and outside of SprintX’s exclusive control. Any adverse changes in market forces or the technology impacting SprintX performance under this Agreement shall absolve SprintX from responsibility for any delayed or unachieved milestones.
4.2. You also acknowledge that you have been warned of the following risks, associated with the Website, the Digital Assets, the SPTXs, the SprintX Platform and other relevant technologies mentioned herein and that you absolve SprintX from any and all responsibility on any damages occurring in light of the risks listed below.
(a)Legal risks regarding securities regulations
There is a risk that in some jurisdictions the SPTX or other Digital Assets might be considered security, or that it might be considered to be a security in the future. SprintX does not give warranties or guarantees that SPTX will not be regarded security in all jurisdictions. Each User of SPTX tokens shall bear their own legal or financial consequences of SPTX tokens being considered security in their respective jurisdiction.
Every User shall check if acquisition and disposal of SPTX tokens are legal in their jurisdiction, and by accepting these Terms, each User undertakes not to use SPTX tokens should their use not be legal in the relevant jurisdiction. If a User establishes that the use of SPTX under these Terms is not legal in its jurisdiction, it shall neither use nor acquire them.
The legal ability of SprintX to provide SPTX tokens and the SprintX Platform in some jurisdictions may be hindered or eliminated by future regulation or legal actions.
(b)Risks associated with Ethereum
SPTX tokens are issued on the Ethereum blockchain. As such, any malfunction, unintended function or unexpected functioning of the Ethereum protocol may cause them to malfunction or function in an unexpected or unintended manner. Other unforeseeable changes in Ethereum, whether intended or not, may, in the same way, affect the value and usability of SPTX tokens.
(c)Risk of unfavourable regulatory action in one or more jurisdictions
Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and Digital Assets and SPTX tokens may be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of SPTX tokens, which could impede or limit their existence, permissibility of their use and possession, and their value.
(d)Risk of theft and hacking
Hackers or other groups or organizations may attempt to interfere with your Third-party Wallet, the Website or the availability of SPTX tokens and Digital Assets in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, consensus-based attacks, or any other attacks.
(e)Risk of security weaknesses in the Website and SPTX tokens source code or any associated software and/or infrastructure
There is a risk that the Website and SPTX tokens may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of SPTX tokens.
(f) Risk of the mining attacks
As with other decentralized cryptocurrencies, the Ethereum blockchain, which is used for the SPTX tokens, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the SPTX tokens, expected proper execution and sequencing of SPTX tokens, and expected proper execution and sequencing of Ethereum smart contract computations in general. Despite the best efforts of SprintXand Ethereum Foundation, the risk of known or novel mining attacks exists. Mining Attacks, as described above, may also target other blockchain networks, with which the SPTX tokens interact with, and consequently, the SPTX tokens may also be impacted in that way to the extent described above.
(g)Risk of low or no liquidity
There are no warranties and/or guarantees given that SPTX tokens will be listed or made available for exchange with other cryptographic tokens and/or fiat money, and no guarantees are given whatsoever with the capacity (volume) of such potential exchange. It shall be explicitly cautioned, that such exchange, if any, might be subject to poorly understood regulatory oversight, and SprintX does not give any warranties in regard to any exchange services providers. Users might be exposed to fraud and failure. In any case, SprintX will not enable the exchange of SPTX tokens for other cryptographic tokens or for fiat currency, although it will commit reasonable endeavours to list SPTX tokens on such exchange(s).
(h)Risk of loss of value
Value of SPTX tokens may fluctuate, and their users might suffer a loss in value of such acquired tokens.
(i) Risk of malfunction in the Ethereum network or any other blockchain
It is possible that the Ethereum network or any other network, to which the SPTX tokens are interacting with, malfunctions in an unfavourable way, including but not limited to one that results in the loss of SPTX tokens.
(j) Internet transmission risks
You acknowledge that there are risks associated with using the SPTX tokens including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that SprintX shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Website and SPTX tokens, howsoever caused.
Cryptocurrencies and blockchains are new and untested technology.
In addition to the risks set forth here, there are risks that SprintX cannot foresee and it is unreasonable to believe that such risks could have been foreseeable.
(l) Insufficient interest in SprintX the SprintX Platform and SPTX tokens
It is possible that SprintX the SprintX Platform and SPTX tokens will not be used by a large number of individuals, businesses and other organizations and that there will be limited public interest in the creation and development of its functionalities. Such lack of interest could affect the development of the SprintX Platform and value of the SPTX token.
(m) CID token and the SprintX Platform, as developed may not meet your expectations
The SprintX Platform is currently under development and may undergo significant changes before the release of the final version. Your expectations regarding the form and functionality of the SprintX Platform and SPTX tokens may not be met upon release of new Website, deployment of the SprintX Platform, additional products and services for any number of reasons, including a change in the design and implementation plans and execution of the implementation of SPTX. SprintX does not offer any guarantee as to the marketability or expected use of the SprintX Platform and/or SPTX tokens.
SprintX Platform may never be completed or released
The SprintX Platform may never be released and operational, even though SprintX will make reasonable efforts to complete and deploy it.
4.3. The SPTX tokens and the SprintX Platform are provided “as is” and “as available”. We and our affiliates make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the SPTX tokens, including any warranty that the SPTX tokens will be uninterrupted, error-free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non- infringement, and any warranties arising out of any course of dealing or usage of trade.
5.1. The Website, the SprintX Platform and SPTX tokens are not offered for use to natural and legal persons having their habitual residence or their seat of incorporation in Restricted Areas. In addition to the above, the user(s) shall warrant that they adhere to the terms and conditions stipulated in SCHEDULE A.
5.2. Natural and legal persons with their habitual residence or seat of incorporation in the Restricted Areas shall not use the Website, the SprintX Platform and SPTX tokens.
5.3. SprintX reserves its right to decide in its own discretion to adopt reasonable organizational and technical measures to ensure that the Website and SPTX tokens are not available to Persons under Paragraph 5.1. SprintX shall not be held liable for any legal or monetary consequence arising from use of SPTX tokens by natural and/or legal persons with their habitual residence or seat of incorporation located in the Restricted Areas. Such persons using SPTX tokens despite the prohibition shall on the first request indemnify and hold harmless SprintX from any legal or monetary consequence arising from their breach of the terms as described in this paragraph.
5.4. If you are registering to use the SprintX Platform on behalf of a legal entity, you represent and warrant that
5.5. You further represent and warrant that you:
6.1. SprintX is closely following changes to legislation in the most relevant jurisdictions and undertakes to act accordingly if regulatory changes significantly impact operations of SPTX tokens and the SprintX Platform. SprintX is not a financial institution and is currently not under the supervision of any financial supervisory authority. SprintX does not provide any licensed financial services, such as investment services, capital raising, fund management or investment advice. This SPTX token distribution is not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation.
6.2. This document or any other document, produced and signed by SPRINTX, as well as the Website, and any of their content does not constitute an offer or solicitation to sell shares or securities.
6.3. None of the information or analyses presented is intended to form the basis for any investment decision, and no specific recommendations are intended, and SprintX services and the Website are not, do not offer and shall not be construed as investment or financial products.
7.1. SprintX and its affiliates and their respective officers, employees or agents will in regard to the Website, the SprintX Platform and SPTX tokens not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to loss of profits, trading losses or damages that result from use or loss of use of this Website, SprintX Platform and SPTX tokens), even if SprintX has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of SPTX tokens, the Website or the SprintX Platform.
7.2. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the Website, the SprintX Platform or SPTX tokens, including without limitation as a result of any termination or suspension of the Ethereum network or this Agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this Agreement or your use of or access to the Website, the SprintX Platform and SPTX tokens; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with to the Website, the SprintX Platform and SPTX tokens.
7.3. You waive your right to demand the return of any cryptographic tokens or any Digital Assets you exchanged with us for the purpose of acquiring SPTX tokens, including, without limitation, demand for specific performance.
7.4. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third- party claim concerning this Agreement or your use of the Website, the SprintX Platform and SPTX tokens contrary to these Terms. If we or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
7.5. The information, software, products, and services included in or available through the Website and the SprintX Platform may include inaccuracies or errors. Changes may be made to the information therein. SprintX and/or its suppliers may make improvements and/or changes to the Website and the SprintX Platform at any time. SprintX makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Website, the SprintX Platform, SPTX tokens, information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website, the SprintX Platform and SPTX tokens, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. SprintX hereby disclaims all warranties and conditions with regard to the Website, the SprintX Platform, SPTX tokens, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
7.6. You warrant to SprintX that you will not use the Website, the SprintX Platform or the SPTX tokens for any purpose that is unlawful or prohibited by these Terms or any applicable laws and regulations. You may not use the SprintX Platform or SPTX tokens in any manner that could damage, disable, overburden, or impair the SprintX Platform, SPTX tokens or the Website.
8.1. You will implement reasonable and appropriate measures designed to secure access to (i) any device associated with the email address associated with your account with the SprintX Platform, (ii) private keys required to access any relevant Ethereum address, and (iii) your username, password and any other login or identifying credentials of the SprintX Platform.
8.2. In case you suspect a security breach in any of the abovementioned, you will inform us immediately so we can take all required and possible measures to secure your account, the Website, the SprintX Platform, SPTX tokens and systems as a whole.
8.3. In the event that you are no longer in possession of any device associated with your account or are not able to provide your login or identifying credentials to the SprintX Platform, we may, in our sole discretion, and only if we are able to, grant access to your account to any party providing additional credentials to us. We explicitly reserve the right to determine the additional credentials required, which may include, without limitation, a sworn, notarized statement of identity.
9.1. SprintX may collect only what they require for the operation of the SprintX Platform or its services and will not share your personal information with any third parties other than our identity verification partner if it applies. Even within SprintX, access to your personal information is limited to a subset of employees who work on compliance and identity verification matters.
9.2. You will provide to us, immediately upon our notice of the request, information that we, in our sole discretion, deem to be required to maintain compliance with any law, regulation or policy. Such documents include, but are not limited to, passports, driver’s licenses, utility bills, photographs of you, government identification cards, sworn statements or other documents.
9.3. SprintX reserves its right to request documentation, described in the previous paragraph, prior to activating your account at any of SprintX and the SprintX Platform services, and any services, available through the Website. SprintX may refuse you access to the SprintX Platform, SPTX tokens and Website should it have doubts as to validity, authenticity and genuineness of the documents, provided by you.
9.4. SprintX collects information from running the Website and uses information, provided to us by you. When you visit the Website or use our products, we collect information sent to us by your computer, mobile phone, or another access device. This information may include your IP address, device information including, but not limited to, identifier, name, and type, operating system, mobile network information and standard web log information, such as your browser type, and the pages you accessed on our Website. When you use a location-enabled device with our Website and products, we may collect geographical location data or use various means to determine the location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots. However, we will not release your personally-identifiable information to any third party without your consent, except as set forth herein.
9.5. If you create an account on our Website or the SprintX Platform, we may collect and store the following types of information: your name, address, phone, email and other similar information. Before permitting you to use our Website and acquiring SPTX tokens, we may require you to provide additional information (such as a date of birth, passport number, numbers that you may use or have registered with your local tax authority, or other data which can be used for personal identification purposes and that may be required to comply with applicable laws) so that we can verify your identity or address. We may also obtain information about you from third parties such as identity verification services.
9.6. When you access the Website or use our products or services, we (or Google Analytics or similar service provider on our behalf) may place small data files called cookies on your computer or another device. We use these technologies to recognize you as our User; customize our Website and advertising; measure promotional effectiveness and collect information about your computer or another access device to mitigate risk, help prevent fraud, and promote trust and safety.
9.7. Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific User.
9.8. We store and process your personal information on our servers, where our facilities or our service providers are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls. We also authorize access to personal information only for those employees who require it to fulfil their job responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time be stored also in other locations.
9.9. We are sometimes required to compare the personal information you provide to third-party databases in order to verify its accuracy and confirm your identity. This allows us to comply with relevant regulations. We will not sell or rent your personal information to third parties. We may combine your information with information we collect from other companies and use it to improve and personalize the Website and our products, as well as our content and advertising. We may use your name and email address to provide you with information about products or services that may be of interest to you, but we will not use your personal information without complying with applicable laws and, where appropriate, obtaining your consent.
9.10. We reserve our right to share your personal information with:
SprintX will not provide your personal information to any other SprintX Platform users without your consent or direction.
9.11. You may access, review and edit your personal information linked to use of the SprintX Platform after the successful launch thereof by logging in to the Website using your credentials.
9.12. The data that we collect from you will be transferred to, and stored at our servers. It may also Staff may be engaged in the fulfilment of our Services and/or the processing of your details and the provision of support services. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms. Third parties may be located in other countries where the laws on processing personal information may be less stringent than in your country. Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including, but not limited to, websites on which the SprintX services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible to them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
10.1. All your factual and potential tax obligations are your concern and responsibility, and SprintX is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues, including but not limited what kind of filing or reporting you need to do with the competent tax authority, which taxes and to which extent you are obliged to pay, which tax exemptions you are eligible for, or any similar advice.
10.2. All fees and charges payable by you are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide us with any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant tax authority.
11.1. We retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, methods, compositions, formulae, techniques, information, source code, brand names, graphics, User interface design, text, logos, images, information and data pertaining to the Project (hereinafter: “SprintX IP”), whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
11.2. These Terms shall not be understood and interpreted in a way that they would mean the assignment of intellectual property rights unless it is explicitly defined so in these Terms.
11.3. You are being granted a non-exclusive, non-transferable, non-assignable, revocable license to access and use the Website and the Project and the SPTX tokens strictly in accordance with these Terms. As a condition of your use of the Website and the SPTX tokens, you warrant to SprintX that you will not use the Website, or the Project or SPTX tokens for any purpose that is unlawful or prohibited by these Terms. You may not use the SPTX tokens in any manner that could damage, disable, overburden, or impair the Website and the Project. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and SPTX tokens. The limitation to the transferability of a license shall not be understood in a way that the users are not allowed to transfer SPTX tokens to third parties.
11.4. All SprintX IP is the property of SprintX and is protected by all copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
11.5. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the SprintX IP, in whole or in part, found on the Website or associated products and services. SprintX IP is not for resale. Your use of the SprintX IP does not entitle you to make any unauthorized use of any SprintX IP, and, you will not delete or alter any proprietary rights or attribution notices in any SprintX IP. You will use SprintX IP solely for your personal use and will make no other use of SprintX IP without the express written permission of SprintX and the copyright owner. You agree that you do not acquire any ownership rights in any SprintX IP. We do not grant you any licenses, express or implied, to the intellectual property of SprintX except as expressly authorized by these Terms.
12.1. We may provide any notice to you under this Agreement by (i) posting a notice on the Website; or (ii) sending an email to the email address associated with your account. Notices we provide by posting on the Website will be effective upon posting, and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address updated. You will be deemed to have received an email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
12.2. To give us notice under this Agreement, you must contact us by email to email@example.com . We may update this email address for notices to us by posting a notice on our Website. Notices to us will be effective one business day after they are sent.
12.3. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
13.1. Any materials, such as business plan, development roadmap or any other materials that may be at any time published in the Website or elsewhere, are not binding and do not – unless explicitly referred to herein – form part of these Terms, and are of a descriptive nature only.
13.2. We do not permit individuals under the age of 18 or 21 depends on the jurisdiction to register with our Website and use our products. If we become aware that a child under the age of 18 or 21 depending has provided us with personal information, we will delete such information from our files immediately and block his/her/their access to our Website and products.
13.3. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in blockchain technology (broadly construed), changes in the Ethereum or any other blockchain protocols or any other force outside of our control.
13.4. You and we are independent contractors, and neither party nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for itself products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third-party developers or systems integrators who may offer products or services which compete with the other party’s’ products or services.
13.5. These Terms do not create any third-party beneficiary rights in any individual or entity.
13.6. You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
13.7. The failure or omission by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be unequivocal and in writing to be effective.
13.8. Except as otherwise set forth herein, if any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.
13.9. “SprintX” refers to the Project as a whole, including any or all of the entities, being used by SprintX, incorporated in Zug, Switzerland which acts as the jurisdiction for execution of a smart contract for distribution of SprintX’s in accordance with these Terms; and as a services provider or operating company for the Project. Provided that the jurisdiction of choice may be changed at any time by us at any point and at our own sole discretion; the change shall be announced on the website when effected.
13.10. All disputes or claims arising out of or in connection with these Terms including disputes relating to its validity, breach, termination or nullity, and any disputes or claims arising out of or in connection with the use of Website, the Project and SPTX tokens shall be finally settled under the Rules of Arbitration of Switzerlan d which shall enjoy exclusive jurisdiction in all matters directly or indirectly related to this Agreement. The applicable law shall be the law of the Republic of Switzerland. The language to be used in the arbitral proceedings shall be English.
13.11. Prior to filing any claims in accordance with paragraph 13.10, you undertake to file such claim or request directly to SprintX via e-mail at address firstname.lastname@example.org. You agree that you will not file any claims in accordance with paragraph 13.10 earlier than 30 days after sending such claim or request to SprintX in accordance with this paragraph 13.11. Any claim, filed with the arbitral tribunal contrary to the rules set out in this paragraph 13.11, shall be rejected immediately by the tribunal as premature.
13.12. These Terms, including SCHEDULE A, represent the entire agreement between you and us regarding the subject matter of these Terms, in particular, use of the Website, the Project and SPTX tokens. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.
13.13. These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact us via e-mail at address email@example.com and immediately navigate away from the Website and cease using the Project. By making use of the Website, the Project and SPTX tokens, you shall have accepted all the terms and conditions under this Agreement and confirm that you have made such acceptance with no undue pressure and fully aware and informed of all the terms and conditions stated herein.
Warranty given by the user(s) especially in relation to the United States ALL PARTICIPANTS AND USERS HEREBY EXPRESSLY AFFIRM THAT THEY ARE:
a) NOT an individual who is a resident of the United States of America, its territories or possessions, any state of the United States of America or the District of Columbia (the “USA”) or Canada, the People’s Republic of China, Republic of Korea or Singapore (“Restricted Areas”);
b) NOT a corporation, partnership or other legal entity formed under the laws of either of the countries under the scope of the Restricted Areas;
c) NOT an agency, branch or office located in either of the countries under the scope of the Restricted Areas of a corporation, partnership or other legal entity that was formed under laws other than those of either of the countries under the scope of the Restricted Areas;
d) NOT a trust of which any trustee is described in (a), (b) or (c) above;
e) NOT a legal entity the shares of which are not publicly traded on a securities exchange, and (ii) more than 35% of the shares of which are owned by or for the benefit of an individual or entity described in (a), (b), (c) or (d) above;
f) NOT a member of any branch of the military of the countries under the scope of either of the countries under the scope of the Restricted Areas; and
g) NOT an agent or fiduciary acting on behalf or for the benefit of an individual or entity described in (a), (b), (c), (d), (e) or j(f) above.
THE USER(S)’ DECISION TO SUBSCRIBE TO SPTX TOKENS WAS:
a) NOT based, at least in part, on information received or communications exchanged while the user, or the person providing the information or with whom the communication was exchanged, was within the jurisdiction of any of the Restricted Areas;
b) NOT made from within the jurisdiction of any of the Restricted Areas; and
c) NOT communicated to SprintX from a source within the jurisdiction of any of the Restricted Areas.
THE USER(S)’ PURCHASE OF SPTX TOKENS WAS:
(a) made on his/her own account as principal;
(b) NOT made in anticipation of further distribution of the SPTX Tokens to others; and
(c) NOT preceded and will not be followed after the end of the Token Sale, by any effort to create or condition a market for the SPTX Tokens in the Restricted Areas.
I, as the User, have read and understood the above representations as well as the full Terms & Conditions of this Agreement.
CROWDSALE PROCEDURES AND SPECIFICATIONS
1. Total Number of SPTX to be Created and Sold
The company will create (pre-mine) 800,000,000 SPTX tokens shortly before the Crowdsale. No additional SPTX will be created (mined) afterwards. The allocation of these SPTX will be as follows:
- 280,000,000 SPTX will be offered to the public in the Crowdsale;
- 152,000,000 SPTX will be allocated towards Merging & Acquiring Reserved;
- 120,000,000 SPTX will be allocated towards Management & Team;
- 144,000,000 SPTX will be allocated towards Business Development;
- 80,000,000 SPTX will be allocated towards the Advisors; and
- 8,000,000 SPTX will be allocated to Bounty and Referral Programs.
2. Commencement and duration of Crowdsale
The Crowdsale shall commence on 19 March 2018 at 0:00:00 (UTC) and shall continue until: a) all the SPTX offered in the Crowdsale have been sold or b) until 22 April 2018 23:59:59 (UTC), whichever is earlier either of (a) or (b), the “Crowdsale End Date”.
In the event that not all SPTX have been sold by the Crowdsale by the End Date, the remaining SPTX won’t be created until the trading need in the Exchange.
The Crowdsale Soft Cap is set at 14,112 ETH. If the Soft Cap amount is not met and exceeded, the funds will be held for a second round.
3. Purchase Limits
To facilitate the sale of SPTX to a broad community of purchasers, consistent with SPTX’s express purpose as an asset token, Company will impose a per person purchase limit (“Purchase Limit”), whereby each individual purchase cannot purchase less than 0,05 ETH worth of SPTX offered in the Crowdsale.
4. SPTX Price and transfer
The price of SPTX in the Token Sale is set in relation to the cryptocurrency native to the Ethereum Blockchain Network (ETH), whereby the full price is set at 0,00036 ETH.
The SPTX can be bought in exchange for cryptocurrencies Ether (ETH).
Additional discount offers, bounty opportunities and other factors that determine the price of any specific purchase shall be published on the Website and are presented in the Project Whitepaper, incorporated hereto by reference.
The SPTX tokens shall be automatically transferred to the wallet address from which the purchaser has paid for the acquisition of SPTX upon the conclusion of the Crowdsale. The purchaser is responsible for appropriate setting of the wallet, its protection, and its support for SPTX tokens. Should the automatic transmission of SPTX to the purchaser’s wallet result in destruction or misplacement of SPTX due to the purchaser’s omission of ensuring the wallet address is correct, and the wallet itself is appropriate, the purchaser is not eligible for a refund
5. Registration and Other Procedures for Buying SPTX in the Token Sale
To participate in the Token Sale, you must undergo a registration procedure (“Registration”) in accordance with the guidelines (“KYC Policy”) published on the website shall be published on the Website, incorporated hereto by reference.
6. Use of Proceeds from SPTX Token Sale
The proceeds of the Crowdsale shall be used for development of the SprintX & SwitchX Platform, business development of the Company, and marketing efforts.
7. Legal Notice
SprintX reserves the right to change the distribution manner in any way in light of changed circumstances or reasonable re-evaluation of the Project.
SprintX reserves the right to stop the distribution process. Such stop shall remain at the discretion of SprintX and shall only be used in limited situations, such as, but not limited to: i) detection of a serious security issue, ii) serious network performance issue, depriving all users of equal treatment, iii) any type of material attack on the SPTXs, the SprintX or SwitchX Platform, Website or Ethereum network.
SprintX shall in no way be responsible for any funds lost due to the Users’ negligence, lack of diligence, or failure to follow any instructions issued by SPTX, or including sending funds through Digital Assets exchange(s).
The funds raised from the SPTX distribution will belong to SprintX and will be used for, inter alia, the development, marketing, operations, legal, governmental duties and running of the Project, as described in the last version of the SprintX Whitepaper, made available to the Users on the Website and incorporated herein by reference.
SprintX reserves the right to change the dates set out in these Terms at any given time due to technical or organizational reasons, without any duty to provide any reason(s). Any such changes will be published on the Website