1. INTRODUCTION
1.1 Purpose
The Terms and Conditions is provided by Selfmaker Smart Solutions FZ-LLC and associates (jointly referred to hereinafter as “Selfmaker”, “we” or “us”) and covers usage of the Website www.selftoken.io (referred to hereinafter as “the Website” or “selftoken.io”) and our other websites, platforms, applications, products and services. Herein, we shall refer to you as “You” or “the User”.
1.2. Application and Website
The selftoken.io website which allows you to review the terms of use of the Application and view your SELF Tokens under the Terms and Conditions, the Website and other documents made available through the Website or the Application.
In addition, via the Website or the Application, the User has the option to create a User account (referred to hereinafter as “the Account”) by connecting third-party applications, eg. Metamask and providing the identification data required by Selfmaker, such as login and password. In addition, the Application allows the management of SELF Tokens held by the User, according to the information provided in the Application (e.g. purchase, sale or stake Token).
1.3 SELF Tokens
The User acknowledges and accepts that Selfmaker manages selftoken.io and the Application and You, by purchasing the SELF Tokens as a part of the blockchain network (BNB Smart Chain or equivalent), establish a relationship on a basis of other terms and conditions or terms and conditions of service provision, including especially, but not only, information and documents available on websites www.bnbchain.org/en/smartChain and/or www.metamask.io or others to which the Website or the Application is currently redirect You. Thus, the User acknowledges and accepts that purchasing the SELF Tokens does not refer to any a transaction or conclusion of any agreement directly with Selfmaker. Conclusion of an agreement on service provision by electronic means between Selfmaker and the User takes place as a result of registering the Account for a particular User, pursuant hereto.
1.4 Disclaimer
In any way, the activity of Selfmaker does not refer to investments as investment funds. Based on information posted on the Website or the Application, the term “investment” or “investments” shall be defined only as the purchase of the Tokens or pursuing such buy. The activity of Selfmaker shall not be perceived as investment advising or investment recommendations, or intermediation in such advice or recommendation, or managing of any assets relating to the Tokens.
§ 2. DEFINITIONS
§ 3. GENERAL PROVISIONS
3.1 User
The Website and the Application may be used only by natural persons, legal persons and other organizational units with full legal capacity under the law. The age of majority is determined by law of the country in which the User lives, and the minimal age is 18 years old. Using the Website and the Application is free of charge.
3.2 Terms and conditions
By using the Website and the Application, the User confirms that he/she has read the Terms and Conditions and in particular the mechanisms of software functioning and applications based on the blockchain technology, and the risk of losing all invested funds. The Terms and Conditions constitute a binding Agreement between the User and Selfmaker and apply to all Users who access or use the Website (also by simply browsing the content posted via the Website) and the Application.
3.3 User Account
The Account may be created by the User. Account registration is free and voluntary (optional), but necessary to use some of the functionalities available within the Website and the Application in the field of using the SELF Tokens. In order to create the Account, the User is obliged to provide the required information contained in the registration form on the Website or/and the Application, including in particular the login and password, and is also allowed to connect the Account with his/her wallet (e.g. Metamask), in accordance with the information available in the Account registration form. The registration of the Account takes place only via the Internet (online).
3.4 Representations regarding the SELF Tokens
The User represents that by using the Website or the Application acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the acquisition of SELF Tokens only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts. Also, the User represents that the financial means used to acquire SELF Tokens have legal sources.
3.5 Representations on Selfmaker’s activities
The User represents that he/she fully accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that the activities of Selfmaker are not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts.
Selfmaker does not mediate in any way in the transaction performed on the SELF Tokens, therefore it shall not guarantee that any activities or transactions in relation to the SELF Tokens, will bring the User expected outcomes, results or economic or financial benefits. At the same time, the User represents that Selfmaker have not guarantee him/her such results.
Furthermore, the User acknowledges and accepts that Selfmaker does not offer any services related to securities, and that Selfmaker is not an entity transferring any money. Selfmaker does not provide investment, financial, tax or legal advice. Any information and applications posted on the Website do not constitute investment advice, financial advice, commercial advice or any other type of advice.
3.6 Affiliate program
The User may additionally participate in the affiliate program arranged by the Selfmaker by using a unique referral link, accessible from the Application within the User’s Account. The User, by joining the affiliate program specified in these Terms and Conditions, confirms that he has read the contents of these Terms and Conditions, accepts it, and undertakes to respect them unconditionally. Affiliate program rules:
The User agrees to pay any fees resulting from the transaction of transferring the value of the remuneration he or she will receive, and also agrees to bear any exchange rate differences, depending on which cryptocurrency the payment will be made by the Selfmaker. In this situation, the User does not acquire any claims against Selfmaker. Selfmaker may request verification of the KYC/AML of a particular User at the time of disbursement of funds (remuneration) for a referral made.
3.7 KYC/AML
Selfmaker or entities cooperating with it, as part of activities performed by the User on the Website or the Application, may verify the User to the extent specified in the relevant international acts on counteracting money laundering and terrorist financing (AML). Pursuant to the legal requirements, the entity performing such verification may perform it again in the event of statutory premises, also in accordance with the internal security procedure.
§ 4. SELF TOKEN AND RELATED SERVICES
4.1 General information
The User, via the Application and third-party websites, in particular via the BNB Smart Chain blockchain network, obtains the possibility to make transactions on SELF Tokens as a digital representation of the value generated in the blockchain network. Details on the method of how SELF Tokens can be acquired or transferred and their value expressed in the price – each time determined by third parties or websites of these third parties, e.g PancakeSwap (www.pancakeswap.finance) or Metamask (www.metamask.io), with respect to your payment for these Tokens. Selfmaker does not sell SELF Tokens on its own.
4.2 SELF Token
The Token is a form of value that has been generated in the BNB Smart Chain blockchain network in the BEP20 standard. The collection of the Tokens by the User takes place immediately via the blockchain network, after the correct payment by the User pursuant to 4(1) herein. All information about the Tokens is posted on the Website (or via the websites of third parties to which the Website redirects) or in the Application in a place visible to the User.
At the same time, due to the fact that the process of transactions on SELF Tokens is in no way dependent on the activities performed by Selfmaker, as well as due to the close connection of the Tokens with financial markets over which Selfmaker has no control, the User acknowledges and accepts that the rights to withdraw from the agreement within the meaning of withdrawing from the purchase of Tokens shall be excluded. The User acknowledges and accepts that all transactions related to the the Tokens are final and it is not possible to return the acquired Tokens.
4.3 SELF Tokens Staking
As part of the features offered by SELF Tokens, the User within the User Account (via the Application), has the opportunity to stake its Tokens. Details and conditions regarding the benefits of staking the SELF Tokens, each time are determined by the Website, the Application or third party services (e.g. www.pancakeswap.finance).
4.4 Respecting the rules
Each User obliges to use the Website and the Application in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords and personal access keys to the Tokens against the third-party access.
4.5 Unauthorized access
Selfmaker does not in any way process or store access data enabling the management of the Tokens, including Users’ private keys. The User is obliged to protect data used to access the Tokens, including data necessary to access the third party’s application eg. Metamask (www.metamask.io) because in the event of their loss Selfmaker shall not recover the data. In the event of loss of access data, including in particular private keys, the User may lose all acquired SELF Tokens, assigned to a given wallet address, for which Selfmaker shall not be liable.
Any results of unauthorized acquisition of the password, keys or other data enabling the access to the SELF Tokens belonging to the User are not the liability of Selfmaker.
4.6 Taxation of the SELF Tokens and related services
The User is obliged to determine how and according to which legal acts the taxation shall be carried out in connection with SELF Token transactions (including in relation to receiving remuneration/benefits from the affiliate program and staking of the SELF Tokens, in accordance with these Terms and Conditions) and to pay the tax to the competent tax authorities for a particular User. Selfmaker is not liable in any way for incorrect tax settlement of the User due to the transactions on the Tokens.
4.7 Knowledge of the blockchain technology
The User represents that he/she is familiar herewith, as well with the process of acquiring SELF Tokens and its mechanism, and that he/she has extensive knowledge in the field of functioning, use or usability of software and applications based on the blockchain technology.
All transactions on the SELF Tokens on the Website or the Application are executed automatically, based on the User’s decisions and his/her orders. The User is solely responsible for determining whether the decision on a particular transaction (purchase or sale) on the SELF Tokens is proper. If the User has doubts about the functioning of the blockchain technology, cryptocurrencies or the rules for purchasing the SELF Tokens, he/she should contact legal, tax or investment advisor before taking any action on the Website or the Application.
§ 5. PAYMENT FOR THE SELF TOKEN
5.1 Value of the accounting unit
The User declares that the accounting unit for the acquisition of the Tokens, in connection with the entering the Token Distribution Process, are cryptocurrencies, each time specified by third parties or websites of these third parties, e.g., PancakeSwap (www.pancakeswap.finance) or Metamask (www.metamask.io), which enable transactions on SELF Tokens in the BNB Smart Chain blockchain network via ICT network.
5.2 Fees and transaction time
The fees are determined each time by third parties or websites of these third parties (e.g. PancakeSwap, Metamask or equivalent), enabling the purchase or sale of the SELF Tokens. The User undertakes to pay the current fees: (a) for the Token – in accordance with the information indicated by the third-party services and the current price of the SELF Tokens; (b) any other necessary fees for the delivery of the Tokens to the User including in particular, but not only, blockchain network fees and third party service fees.
The delivery of the Tokens to the User takes place immediately, provided that the User makes the correct payment, according to the information provided by the third-party services. The process is executed automatically, without the possibility of changes or modifications. Selfmaker indicates that the process of delivering the Tokens in exceptional cases may be extended to a maximum of 48 hours in the event of situations beyond the control of Selfmaker, such as e.g., failure of the BNB Smart Chain blockchain network or the failure of the Application.
§6. CONTACT WITH THE SELFMAKER
6.1 Reporting violations
The User or a third party may refer to Selfmaker regarding possible violations of the provisions hereof or violations of the use of the selftoken.io Website or the Application. Any violations in the scope of the purchase of the SELF Tokens should be directed only to third parties providing services of the acquisition of these Tokens in the blockchain network. Selfmaker does not mediate these transactions in any way, but only provides a graphical service to display information about the SELF Tokens owned by a particular User. With regard to any objections to the services provided by the Selfmaker, all potential reports should be sent to the e-mail address: office@selftoken.io.
6.2 Response time
Selfmaker shall provide a response by electronic means within 14 (say: fourteen) days from the date of receiving it. The response to the report shall be sent to the e-mail address provided by the User or a third party in the e-mail message. Selfmaker reserves that the examination of the report may require additional explanations from the User or a third party – in such a situation the duration of a response from SelfmakerF shall be extended accordingly each time. Furthermore, Selfmaker reserves that the examination of the report may require additional explanations from the User or a third party – in such a situation the duration of a response from Selfmaker shall be extended accordingly each time.
6.3 Consent to contact in the electronic form
Submitting the complaint electronically by the User or a third party to Selfmaker is understood as a consent to receive a response from the Selfmaker in the electronic form, pursuant to Privacy Policy of the Website.
§ 7. LIABILITY OF THE SELFMAKER
7.1 Duty of the Selfmaker
The Selfmaker supervises the technical functioning of the Website and Application on an ongoing basis, ensuring its correct operation. However, the Selfmaker does not guarantee the constant availability of all functions of the Website and Application, as well as their error-free operation. In addition, Selfmaker reserves the right to change the above minimum requirements for using the Website and Application at any time without prior notice to the User.
7.2 Exemption of Liability
The User uses the Website voluntarily, at own risk. The Selfmaker’s liability for any damage arising in connection with the use of the Website and the Application, and in particular its lack of functioning, as well as malfunctioning, is excluded to the fullest possible extent, legally permissible.
The Selfmaker is not liable for limitations or technical problems in ICT systems used by Users’ devices, which prevent or limit Users from using the Website and the services offered through it. The Selfmaker is not liable for the User’s unsatisfactory quality, performance and accuracy of the Website.
§ 8. COPYRIGHTS AND INTELLECTUAL PROPERTY
8.1 Competent Entity
The Selfmaker has all rights to the Website, including proprietary copyrights to the Website, as well as to its individual parts, in particular to text, graphic and multimedia elements as well as programming elements generating and operating the Website, including industrial property rights and any other derivative rights, excluding the content provided by third parties or payment operators.
8.2 License
Upon the use of the Website or/and the Application and the acceptance hereof by the User, the Selfmaker grants the User a non-exclusive license to use the Website or/and the Application, to the extent of the services used by the User. The license is non-transferable and is granted for the duration of the User’s use of the Website in accordance with its purpose and in a manner consistent herewith.
The non-exclusive license granted to the User does not authorize the User to grant further licenses. Furthermore, the User is not authorized to act outside the scope of the license. Transferring the content of the Website or/and the Application to third parties is prohibited.
8.3 Limitations
The transfer of content contained on the Website or the Application to third parties is allowed only with the use of tools contained and included on the Website or/and the Application in a manner intended for this purpose of the Website. The User has no right to multiply, sell or otherwise market or distribute the source code of the Website or the source code of a particular Application, in whole or in part, in particular, transfer or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems. In the event of non-compliance with these restrictions, the use of the services available through the Website or/and the Application is prohibited and the Selfmaker may revoke the User’s license. In addition, the User is responsible for any violations of the law. Under no circumstances may the User:
(a) violate any provisions of generally applicable law, including intellectual property rights;
(b) take any action against the community of Website Users, employees of the Selfmaker, Selfmaker itself, the purpose of the services, or misuse the services; also, the User may not publish, send or share any information, photos or videos that may be understood as prohibited content or content violating good manners or principles of social coexistence;
(c) modify or interfere with the services, directly or indirectly, with cheats, exploits, automation software, bots, hacks, mods or other unauthorized third party software;
(d) harm the services, the Selfmaker computers and servers, and other Users, including, but not limited to, overloading the servers, spreading viruses, gaining unauthorized access to the services or other data protected by the Selfmaker, in particular personal data, manipulating the services and their rankings, or exploiting bugs in the services, or modify any files included in the services without the prior written consent of the Selfmaker.
8.4 Breach of the License Terms and Conditions
In the event of a breach by the User of the terms and conditions of using the Website or/and the Application or the licenses granted, the Selfmaker shall be entitled to block the User’s access to the Website or/and the Application and revoke the granted license. In the case of a violation, Selfmaker may, at its sole discretion, take appropriate action, including, but not limited to, removing the content posted on the Website or/and the Application by the User. The above does not prejudice the Selfmaker’s right to take other appropriate and legal actions in connection with the breach.
§ 9. ADDITIONAL CLAUSES
9.1 Technical Requirements
To use the Website, the User shall meet the following technical requirements: (a) having a device enabling the use of the Internet; (b) the Internet connection; (c) having a browser that allows to display websites and support third parties’ applications (Metamask), e.g., Google Chrome. In addition, to use the Application, the User shall need an Android and iOS compatible device.
Selfmaker represents that it makes every effort to ensure constant access to the Website and the Application, however, it does not guarantee that the use of the Website or the Application will be free of errors and technical breaks. In addition, the Selfmaker reserves the right to change the above minimum requirements for using the Website or the Application at any time without prior notice to the User.
9.2 Cryptographic techniques
Selfmaker shall ensure the operation of the ICT system in a form of the Website and the Application, in such a way as to prevent unauthorized access to the content, in particular using cryptographic techniques.
9.3 Technical risk and brakes
Selfmaker stipulates that the use of the Website and the Application may involve a technical risk, typical for the use of the ICT system, and an increased risk in the field of the blockchain technology. The Users shall secure electronic connections and devices against unauthorized access, including, but not limited to, installing anti-virus software and securing the wallet, e.g., Metamask, in accordance with the recommendations specified at www.metamask.io.
Selfmaker reserves the right to temporarily or permanently terminate or limit activity of the Website or the Application. In particular, Selfmaker is entitled to conduct maintenance work of the Website and the Application to restore security and stability of the ICT system. Accordingly, the User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions.
9.4 Violations results
Any violation of provisions hereof may result in, appropriately to the scale of damage: (a) warning; (b) a temporary suspension of the Account; (c) deletion of the Account, which is understood as termination of the agreement on service provision by electronic means. The Parties agree that the deletion of the Account, under any legal or factual cause, shall not give rise to any claims on the part of the User, including claims for the payment of any compensation.
9.5 Other websites of third parties
Selfmaker exercises due diligence to specify unambiguously and identify pages and websites managed by third parties that offer separate services or a service, not related to the activities of the Selfmaker, pursuant hereto. However, Selfmaker is not liable for the content, subject and the relationship established with another entity by the User. In such a situation, the User should each time exercise due diligence to determine with which entity the possible relationship is being established and to which website of the third party the User has been redirected using the Website or the Application.
§ 10. FINAL PROVISIONS
10.1 Amendments
Selfmaker has the right to amend hereto at any time. In such a situation, Selfmaker shall inform about changes hereto in a visible place on the Website or the Application, including in particular by posting a new version hereof on the Website or the Application.
10.2 Additions and information included herein
No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
10.3 Disputes
All parties to the disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and Selfmaker. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact Selfmaker.
If the above provisions are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of a registered office of the Selfmaker. At the same time, the User acknowledges and accepts that disputes arising herefrom may only be considered on the basis of an individual case of the User. In no way is the Selfmaker obliged to settle disputes as collective cases or collective actions.
10.4 Transformation or transfer of the rights
The User acknowledges and accepts that the Selfmaker may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.