GENERAL TERMS AND CONDITIONS
1. INTRODUCTION
These General Terms and Conditions (“Terms”) constitute an agreement between MMAON's limited liability company and any of its subsidiaries or affiliates (“MMAON”, “we”, “us”, “our”) and you (“you”, “token holder”, “contributor” or “User”). Please read these Terms carefully before using the services and our products described herein and make sure you understand everything. By accessing our Website located at: www.mmaon.com (“Website”) and utilizing products offered through our Website (including but not limited to MMAON Platform and MMAON tokens), you acknowledge and agree that you have read these Terms and that you accept and undertake to be legally bound by them. You may not use our Website, Service, Platform, MMAON tokens or any other products if you are under 18 years old and if you are a citizen, resident, habitant or legal entity incorporated or under the control of another legal entity in Restricted Use Areas as further described in these Terms.
If you do not agree to any of the specific terms or meet the specific conditions outlined herein you may not access or use any of MMAON Services, Website, Platform, MMAON tokens or other products.
MMAON IS NOT A FINANCIAL INSTITUTION AND IS CURRENTLY NOT UNDER SUPERVISION OF ANY FINANCIAL SUPERVISORY AUTHORITY. MMAON AND THE WEBSITE OFFERS THE USE OF IT'S PLATFORM AND ACCESS TO ITS ECOSYSTEM AND DOES NOT PROVIDE INVESTMENT SERVICES (INCL. INVESTMENT ADVICE), FINANCIAL PRODUCTS OR ANY OTHER LICENSED FINANCIAL SERVICES. THE TERMS DO NOT CONSTITUTE A SOLICITATION FOR INVESTMENT OR ANY SECURITY AND SHALL NOT BE CONSIDERED AS ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR TO SUBSCRIBE FOR ANY SECURITIES, NOR MMAON PRODUCTS. WE RESERVE THE RIGHT TO CHANGE, MODIFY AND REPLACE THESE TERMS AT ANY TIME BASED ON OUR SOLE DISCRETION WITHOUT ANY PRIOR NOTICE TO YOU. ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS REGULARLY. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING OUR SERVICES AND ACCESSING OUR WEBSITE. YOU WILL BE DEEMED TO HAVE ACCEPTED CHANGES TO THE TERMS, BY CONTINUING TO USE OUR SERVICES AND ACCESS OUR WEBSITE, PLATFORM AND OUR PRODUCTS.
MMAON 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 THESE TERMS, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) USAGE OR ACQUISITION OF MMAON TOKENS OR ANY OTHER PRODUCTS, AVAILABLE THROUGH THE WEBSITE.
2. DEFINITIONS
2.1. The following terms used herein shall have the following meaning:
“Cryptographic token” or “Cryptocurrency” is a term that may be used to describe any form of virtual currency, including but not limited to Bitcoin, Ether, etc.
“Digital Asset” means tokens, which are accepted by the Platform, which is Ether. Additional tokens may be added to the list acceptable by the Platform, based on MMAON sole discretion.
“Ecosystem” means MMAON ecosystem integrated into the Platform and it refers to an ecosystem which enables the User to access innovative MMAON Services developed by MMAON and/or its subsidiaries and affiliates.
“Ether” or “ETH” means a type of cryptographic token of an open-source, public, blockchain-based distributed computing platform featuring smart contracts.
“Ethereum” means open-source, public, blockchain-based distributed computing platform featuring smart contract (scripting) functionality, which facilitates online contractual agreements.
“European Economic Area” or “EEA” shall mean all EU countries and in addition Iceland, Liechtenstein and Norway.
“Intellectual Property” or means all intellectual property rights and other similar proprietary rights in any jurisdiction, registered and unregistered, including, without limitation: (i) trademarks, service marks, brand names, certification marks, trade dress, assumed names, trade names and other indications of origin, the entire goodwill associated with the foregoing and registrations of, and applications to register, the foregoing; (ii) inventions, discoveries and improvements, whether patentable or not; (iii) patents, applications, provisional applications for patents, inventors' certificates and invention disclosures; (iv) non-public information, ideas, trade secrets and confidential information and rights to limit the use or disclosure thereof by any person; (v) copyrightable works, including writings, databases, computer software programs and documentation; (vi) copyrights, registrations or applications for registration of copyrights, and any renewals or extensions thereof; and (vii) moral rights.
“Personal Information” means any information relating to an identified or identifiable natural person, meaning an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Aggregated and anonymized information are not personal information.
“Platform” shall mean MMAON platform, as specified in section 3, 4 and 5 of these Terms.
“Product” shall mean the Platform and MMAON token and any other product that will be made available through the Website or Platform during the duration of these Terms by MMAON.
“Restricted Use Areas” means areas set out in section 8.1. of these Terms.
“Services” means to all the services specified in section 3.1. of these Terms.
Terms” means these General Terms and Conditions.
“Third-party Wallet” means any software solution, enabling Users to store their Digital Assets, or send and receive money, which are not hosted at the Website or at the Platform and are not controlled by or related to MMAON and MMAON is not liable for Third- party Wallet or deriving services, whatsoever…
“MMAON Materials” means content, materials, tools and software contained in Website, Ecosystem, Platform, Services, MMAON tokens or any other MMAON products.
“MMAON token (or MMA token) means Ethereum based Cryptographic token, as further specified in section 5.
“User” means a natural or a legal person who access the Website and/or Platform and/or Ecosystem or in any way uses MMAON Services.
“UTC” shall mean Coordinated Universal Time.
“VAT” means value added tax of relevant jurisdiction.
“Website” means the website located on the following web address: www.mmaon.com
3. MMAON SERVICES
3.1. MMAON is a blockchain-based platform that provides a software solution and a cryptographic MMAON token solution through its Website to its Users (together referred to as “Products”). Products are available through MMAON Website and may be amended, modified, and changed during the term of these Terms, unless stated otherwise herein on the Website or Product. MMAON Services also include any other service MMAON may provide in the future and which may be at a later stage available through the Website.
3.2. MMAON Services and Products are unregulated. MMAON is not a financial institution and is currently not under the supervision of any financial supervisory authority. MMAON does not provide any licensed financial services, such as investment services, fund management, or investment advice. None of the information or analyses presented herein are intended to form the basis for any investment decision; no specific recommendations are intended, and MMAON Services, Website, and Product do not offer, are not and shall not be construed as investment or financial products. In the event of any regulatory changes that would impact MMAON, MMAON reserves the right to amend the operation, Products, Website, and its Services.
3.3. MMAON is not a provider of (a) exchange services between virtual currency and fiat currency; (b) wallet or custodial services of credentials necessary to access virtual currencies or (c) crypto currency mining services. User expressly agrees and acknowledges that anytime throughout the duration of these Terms, the Product may require material, technical, commercial or any other changes and understands that an upgrade or modification of the MMAON tokens may be required. If a User decides not to participate in such an upgrade, the User acknowledges and agrees that non-upgraded MMAON tokens may lose their functionality in full and that they may no longer use the MMAON tokens.
3.4. MMAON is not a provider of any software solution, enabling Users to store their Digital Assets, or send and receive money. By acquiring and/or using and/or spending MMAON tokens for our Services the User acknowledges and agrees that they are accessing a third-party wallet and are leaving MMAON`'s ecosystem. As outlined in section 16 of our Services, Website and/or Product may include links to third party websites, third party wallet providers or other service providers ("Third Party Sites"). If you use any links made available through our Services, Website or Product to reach other websites not maintained by MMAON you will leave our Services, Website and Product. The linked sites are not under the control of MMAON and MMAON is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.
MMAON expressly warns users that they should carefully consider whether their financial situation and the financial risks they are willing to take mean that they should not buy/use/sell cryptocurrencies. Users may want to speak to an independent financial advisor before making any decision regarding the use of third-party websites made available through our Services, Website or Product.
By agreeing to these terms Users agree to only trade on their own account and use their own funds and they also agree that they will not act on behalf of others in buying/selling cryptocurrency.
Cryptocurrency carries significant risks. Users should carefully consider whether it is appropriate for them to buy cryptocurrency. These risks include the following:
unlike normal money, when you buy or sell cryptocurrency you are dealing with something digital, not something tangible. This means that, like any other digital system, cryptocurrencies are at risk of being hacked or affected by technical problems. This could result in you losing your cryptocurrency or delay your ability to sell it;
the regulation (or lack of regulation) of cryptocurrency or crypto exchanges can change at any time. Any change is likely to affect the value of any cryptocurrency we hold for you; and
- the value of cryptocurrency can fall (and is more likely to do so than normal money is). This could happen if, for example:
a new, better cryptocurrency is created;
software developers make unexpected changes to how the cryptocurrency works;
there is a change in cryptocurrency regulation.
The price or value of cryptocurrencies can rapidly increase or decrease at any time. It may even fall to zero. Unlike normal money, no bank or government can stabilize the value of cryptocurrency if it changes suddenly.
3.5. MMAON is not a talent agency, mixed martial arts (MMA) organization or promotion. We are a blockchain based platform, that provides a software solution and a cryptographic MMAON token solution through its Website to its Users. MMAON does not and will never represent any fighter, MMA organization, sponsor or promotion. All fighter calls, merchandise, betting options, PPV events, jobs or other offers with financial implications for any user posted on MMAON are posted by third parties and not by MMAON or its employees. We may employ third party companies and service providers to facilitate our Service. We reserve the right to make additions, deletions, or modification to the content on the Service at any time without prior notice.
4. MMAON PLATFORM
4.1. MMAON Platform is a software platform, consisting of a web page interface, software interface for communication between the Website and blockchain networks. The Platform will have a common cryptographic token within the ecosystem, so called MMAON token. MMAON token is a utility token with features as specified in section 5 of the Terms.
4.2. Platform provides: (a) possibility of acquiring of MMAON tokens via the Website; (b) any transaction in which you send MMAON tokens or other Digital Assets to MMAON smart contract address from a compatible Third-party Wallet address, or receive MMAON tokens or other Digital Assets or funds from MMAON smart contract address to a compatible Third-party Wallet address. (c) access to the MMAON Services/Ecosystem.
4.3. MMAON is a free-to-use platform for all users who register on the platform. MMAON has no contractual ties to any user, MMA organization, sponsor or promotion represented on the platform. No user present on the platform is, or shall ever be under any contractual obligation with MMAON to use the platform or shall derive any economic benefit from MMAON for simply using the platform. MMAON offers all users an opportunity to benefit (financially or by other means) from using the platform by providing access to the MMAON Services/Ecosystem to every registered user in equal measure.
4.4. Platform shall operate 24/7, subject to certain limitations, such as limitation of per- session trading limitations, maintenance services and unforeseeable technical and network issues.
5. MMAON TOKEN
5.1. MMAON token is an ERC-20 standard Ethereum token, whose contract is/will be published on the Ethereum blockchain prior to the public crowdsale. MMA is a utility token with functionalities which include, but are not limited to, using MMAONs to: (i) access the Platform and use its features, (ii) fuel a dynamic social rewarding and reputation system, and (iii) cover the transaction fees. MMAON tokens shall be issued with the purpose of securing sufficient resources for the development and deployment of the Platform.
5.2. Holders of MMAON tokens may be able to acquire MMAON tokens through the Platform, whereas MMAON gives no warranties that MMAON token will be exchangeable on any exchange or on any specific exchanges or that they shall remain exchangeable on the mentioned exchanges.
5.3. A MMAON token does not represent or constitute any ownership right or stake, share or security or equivalent rights or any right to receive future revenue shares, or any other form of participation in or relating to MMAON or the MMAON Ecosystem, nor shall MMA token holders have any influence or rights in the development or governance of MMAON. Also, MMAON tokens shall not include any legal governance rights to MMAON, such as rights to dividends, profit, voting rights and similar corporate rights.
5.6. MMAONs are not an investment advice, a security nor an investment product and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such. MMAON gives no guarantees as to the value of any of the MMAON tokens or their liquidity on public exchanges (if MMAON tokens shall be listed on exchanges) and explicitly warns Users that there is no reason to believe that MMAON tokens may increase in value or that MMAONs may have any value at all.
5.7. You represent and warrant, that you are acquiring MMAON tokens for your own personal use and for your personal utility and not for investment or financial purposes. You also represent and warrant that you: (i) do NOT consider MMAON tokens as security; (ii) understand that MMAONs may lose their value; (iii) that you are not acquiring MMAONs as an investment; (iv) are aware of all other risks deriving from holding MMAON tokens as specified, but not limited to, in these Terms and you accept such risks.
6. REGISTRATION
6.1. To acquire MMAON tokens, you will need to register on our Website and perform a Whitelisting/Know Your Client (“KYC”) procedure. By Registering you agree to (a) provide accurate, current and complete information about yourself, (b) where possible, maintain and promptly update your information from time to time as necessary, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Website, the MMA tokens, or the information provided to us. You are only allowed to create one registration account and MMAON will block multiple accounts of the same User.
6.2. KYC procedure is a customer identification process to ensure that each User is appropriately verified. It is not only a legal requirement to assess and monitor risks, to prevent doing business with a money launderer, terrorist or other criminal, even more importantly, KYC is a fundamental practice to protect a project and its supporters from fraud and losses due to illegal funds and transactions. You acknowledge and agree that to ensure the safety of the Users' accounts, to counteract money laundering and to enforce its internal security policy, MMAON shall use internal controls and programs for such control to be maintained. MMAON, through these programs and controls, shall collect and store information about the Users and their transactions. Personal information, which we shall collect and store, may be provided to us upon registration of your Account or requested by us upon transactions effected, as well as indirect information, including IP-addresses, information about the operating system used, software configuration and other information collected with the use of “cookies” technology to create statistical reports. We will strive to perform KYC check within 48 hours, whereas sometimes the process may last longer.
6.3. If your proposed purchase is flagged through our internal controls, MMAON may require additional identification information depending in case of any suspicious activity that may be indicative of illegal activity. Identification of bank accounts may also be required. You accept and agree that in cases where MMAON has valid reasons to believe that your Account is used for money laundering or for any other illegal activity, or that you have concealed or reported false identification information and other details, and also if there is a valid reason to believe that the transactions effected via your Account were affected in breach of this Agreement, MMAON shall be entitled to require you to provide any additional information and documents to clarify the circumstances. Transactions may be frozen until the documents are reviewed by us and accepted as satisfying the requirements of the legislation for counteracting laundering of incomes from criminal activities and financing of terrorism.
6.4. MMAON can request from you any additional identifying information and support documents at any time at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. By agreeing to this Agreement, you acknowledge and agree that we maintain verification levels that require User participation and verification to obtain, with leveled permissions based on User-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve your desired level of verification, and we reserve the right in our sole discretion, to determine the appropriate verification level for any User, as well as the right to downgrade Users without notice and to not verify the User at all. We may, from time to time, implement policies restricting verification levels by nationality, country of residence, or any other factor. This may affect your right to purchase MMAON tokens or withdraw MMAONs from your Account, and you indemnify MMAON against any losses associated with an inability to purchase or withdraw MMAON tokens based on your verification level. In highly unlikely cases, where you would be initially approved in the KYC procedure and we would later on realize that you are from Restricted Use Areas (newly added or existing), we will return Digital Assets paid by you to your address and we shall not issue/ you will not be able to withdraw MMAON tokens from your Account. You expressly agree and acknowledge that this might occur and you hereby indemnify MMAON against any losses associated with such event and your inability to purchase or withdraw MMAON tokens.
6.5. If you are acquiring MMAON tokens as a natural person you will be required to identify yourself to us with all the legally required documentation needed for token acquisition (including, but not limited to: your personal identification document, other personal information, which may include your name, address of the permanent residence, address of the temporary residence, date of birth, place of birth, tax ID number, personal Identification number, citizenship, ID number, type of ID, name of the issuer of the ID, e-mail address, telephone number, amount of your contribution and your compatible Digital Assets wallet address). You will also be required to upload a copy of your ID personal document.
6.6. If you are acquiring MMAON tokens as a legal entity you will be required to provide us with information, all relevant and required documentation, which may include legal entity's name, registered office, business address, registration number, tax ID number and e-mail address, amount of your contribution and your compatible Digital Assets wallet address. The legal entity's representative may also be required to identify himself to us and provide his personal information which are required for the contributors who are natural persons.
7. MMAON CREDITS
7.1. MMAON credits are a non-value reward for signing up users via MMAONs referral programe. MMAON shall reward each user who successfully signs up another user, via their unique referral code/link, with 100 MMAON credits.
7.2. Users will be able to transfer their received MMAON credits into MMAON tokens (5. MMAON TOKEN) after both the referring and referred user have passed the KYC verification as described in section 6 of these Terms.
7.3. The transformation from MMAON credits into MMAON tokens is conditioned on each referred users KYC verification. After each referred user is verified, 100 the referring users MMAON credits will transform into 100 MMAON tokens for the referring user. The referring users MMAON credits will at that point be considered spent and will no longer be available.
8. ELIGIBILITY
8.1. Our Services, Website and Product are not directed or allowed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the Product, Services or Website is or may be prohibited (“Restricted Use Areas”). MMAON EXPLICITLY PROHIBITS PERSONS OR ENTITIES IN RESTRICTED USE AREAS TO USE ITS WEBSITE, SERVICES AND PRODUCTS AND MMAON SHALL NOT BE HELD LIABLE FOR ANY LEGAL OR MONETARY CONSEQUENCE ARISING OF SUCH USE. BY ACCESSING OR USING THE SERVICE, PRODUCT AND/OR WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. PLEASE NOTE THAT RESTRICTED USE AREAS MAY CHANGE BEFORE/DURING/UNTIL THE END OF THE CROWDSALE. IN SUCH EVENT (IF RESTRICTED USE ARE SHALL CHANGE UNTIL THE END OF THE CROWDSALE, WE RESERVE THE RIGHT TO RETURN TO YOU ALL DIGITAL ASSETS SENT TO US AND WE SHALL NOT ISSUE/UNLOCK MMAONs).
8.2. You must be at least 18 years old to use the financial parts of our Services, Product and our Website. By using those parts of our Services, Product and accessing them through our Website you represent and warrant that you: (a) are at least 18 years old; (b) you have full power and authority to enter into this agreement; (c) have not been previously suspended or removed from using our Services; (d) that you are not located in, under the control of, habitant a national or resident or located in or under control of Restricted Use Areas; (e) have not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC); (f) you are not located in, under the control of, resident, habitant or citizen of Restricted Use Areas; If you are using the Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and not in Restricted Use Areas; (b) you are duly authorized by such legal entity to act on its behalf; (c) you are not incorporated, under control of or in any other way considered to be to be U.S. entity under applicable legislation in Restricted Use Areas; (e) any beneficial owner of the legal entity, director, employee, services provider or any other individual in any way connected with the Company has not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC) or Restricted Use Areas;
8.3. You acknowledge and agree that you are NOT purchasing MMAON tokens for purposes of investment, speculation, as some type of arbitrage strategy, for immediate resale or any other financial purposes. You represent and warrant that the execution and delivery of, and performance under, this Terms require no approval or other action from any governmental authority or person other than Buyer. MMAON shall have the right to implement necessary measures to monitor compliance of this section.
9. DISCLAIMER OF WARRANTIES
9.1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR SERVICE, WEBSITE, PRODUCT ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IS GIVEN IN CONJUNCTION TO WEBSITE, SERVICES, PRODUCT, ANY SOFTWARE OR TOOLS CONTAINED IN WEBSITE, PRODUCT AND SERVICES AND IN GENERAL.
9.2. MMAON DOES NOT WARRANT THAT THE SERVICE, PRODUCT OR WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED IN REASONABLE TIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, PLATFORM AND WEBSITE IS AT YOUR SOLE RISK.
9.3. While every effort is made to ensure that information contained in the Website or Product is correct, MMAON disclaims all warranties regarding the accuracy, adequacy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness of any information on the Website and/or Product.
9.4. MMAON does not guarantee the confidentiality or privacy of any communication or information transmitted through Services, on the Website or Product or any site linked to the Website. We will not be liable for the privacy or security of information, e-mail addresses, registration and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our Services, the Website or Platform. MMAON does not guarantee that the MMAON tokens shall be listed on any exchanges.
9.5. MMAON shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from MMAON. Always log into your MMAON Account through a secure Website to review any transactions or required actions, if you have any uncertainty regarding the authenticity of any communication or notice.
10. RISK DISCLOSURE
10.1. It is your obligation to peruse, comprehend and carefully consider or seek legal advice as to the risks described below in addition to the other information stated herein before deciding to access our Website and using our Services and our Products. If you access and/or use or Website, Service and Product you are accepting all the risks outlined in these Terms and other risks, not specified herein.
(a) Legal Risk concerning Security Regulation. There is a risk that in some jurisdictions MMAON tokens might be considered to be a security, now or in the future. MMAON does not give warranties or guarantees that MMAONs are not a security in any jurisdiction. Each MMAON token holder shall bear its own legal or financial consequences of MMAON tokens being considered a security in their respective jurisdiction. The legal ability of MMAON to provide MMAON tokens in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree of certainty that MMAON tokens are not legal in certain jurisdiction, MMAON will based on its sole discretion either (a) cease operations in that jurisdiction, or (b) adjust MMAON tokens in a way to comply with the regulation should that be possible and viable. It is your obligation to check if acquisition and disposal of MMAON tokens is legal in your jurisdiction, and by accepting these Terms you expressly agree and warrant that you will not use MMAON tokens should their use not be legal in the relevant jurisdiction. There can be no assurance that governmental authorities will not examine the operations of MMAON and/or pursue enforcement actions against MMAON. Such governmental activities may or may not be the result of targeting MMAON in particular. All of this may subject MMAON to judgments, settlements, fines or penalties, or cause MMAON to restructure its operations and activities or to cease offering certain products or services, all of which could harm MMAON's reputation or lead to higher operational costs, which may in turn have a material adverse effect on the MMAON tokens and/or the development of the MMAON Services and software.
(b) Risk of malfunction of blockchain. Nobody can guarantee the Ethereum source code used by MMAON will be flaw-free. It may contain certain flaws, errors, defects and bugs, which may disable some functionality for Users, expose Users' information or otherwise. Such flaw would compromise the usability and/or security of MMAON and consequently bring adverse impact on the value of the MMAON token. Open source codes rely on transparency to promote community-sourced identification and solution of problems within the code.
(c) Update of the Source Code. The Ethereum source code could be updated, amended, altered or modified from time to time by the developers and/or the community of Ethereum. Nobody is able to foresee or guarantee the precise result of such an update, amendment, alteration or modification. As a result, any update, amendment, alteration or modification could lead to an unexpected or unintended outcome that adversely affects MMAON tokens and/or MMAON operations or market value.
(d) Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based Digital Assets, Products and Website including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that MMAON shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our Services, Website, Product howsoever caused.
(e) Cryptography risks. You acknowledge that there are risks associated with cryptography, such as code cracking or technical advances such as the development of quantum computers, could present risks to all crypto-currencies including our Product. This could result in the theft, loss, disappearance, destruction or devaluation of the Product. To a reasonable extent, MMAON will be prepared to take proactive or remedial steps to update the protocol underlying MMAON in response to any advances in cryptography and to incorporate additional reasonable security measures where appropriate. It is impossible to predict the future of cryptography or the future of security innovations to an extent that would permit MMAON to accurately guide the development of MMAON to take into account such unforeseeable changes in the domains of cryptography or security.
(f) Development Failure or Abortion. MMAON is still in the process of development rather than a finished product ready to launch. Due to the technological complexity and difficulty that may be uncertain, unforeseeable and/or insurmountable, the development of all or some Services could fail or abort at any time for any reason.
(g) Forking. Ethereum is an open source project and supported by the community. The developers of MMAON do not lead the development, marketing, operation or otherwise of Ethereum. Anybody may develop a patch or upgrade of the source code of Ethereum's source without prior authorization of anyone else. The acceptance of Ethereum patches or upgrades by a significant, but not overwhelming, percentage of the Users could result in a “fork” in the blockchain of Ethereum, and consequently the operation of two separate networks and will remain separate until the forked blockchains are merged. The temporary or permanent existence of forked blockchains could adversely impact the operation and the market value of MMAON tokens and in the worst-case scenario, could ruin the sustainability of MMAON. While such a fork in the blockchain of Ethereum would possibly be resolved by community-led efforts to merge the forked blockchains, the success is not guaranteed and could take long period of time to achieve.
(h) Risk of unfavorable regulatory action in one or more jurisdictions. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. MMAON tokens could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of MMAON tokens, which could impede or limit their existence, permissibility of their use and possession, and their value.
(i) 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 MMAON tokens in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
(j) Risk of mining attacks. Ethereum blockchain, which is used for the MMAON 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. Mining Attacks, as described above, may also target other blockchain networks, with which MMAON tokens interact with. Any successful attacks present a risk to MMAON tokens.
(k) Risk of loss of value and uninsured losses. Value of MMAONs may fluctuate and you may suffer loss in value of such acquired MMAON tokens and lose all of the value. In addition to the loss of value risk, MMAONs are entirely uninsured and are unlike bank accounts or accounts at some other financial institutions.
(l) Risk related to your Private Keys. Loss of private key associated with your digital assets wallet will result in loss of MMAON tokens held there. You understand and agree that MMAON shall not be responsible for any such losses.
(m) Project Completion. The development of some of the MMAON Services and software may be abandoned for a number of reasons, including, but not limited to, lack of interest from the public, lack of funding, lack of commercial success or prospects, or departure of key personnel.
(n) Unanticipated risks. Cryptocurrencies and blockchain technologies are new and untested technology and in addition to the risk outlined in these Terms, there are also unforeseeable risks that may materialize as unanticipated.
10.2. You acknowledge, agree and warrant that you have been warned of the potential risks involved by using our Services, Website, Ecosystem and Product and other relevant technologies mentioned herein as well as that there may be other risks involved, which are not specified herein and that you fully accept such risks.
11. In addition to any other representations and warranties contained within these Terms, you further represent and warrant that you:
have read and agree to these Terms;
shall promptly provide to us, upon request, any additional information which we may consider necessary in providing Services to you, Product or using the Website;
shall not use the Website, Service and Product for any illegal purpose or in any other manner inconsistent with these Terms;
will use the Services, Website and Product in accordance with these Terms and with any applicable law and regulation;
are solely responsible for any conduct carried through your account while using the Services, Website and Product;
shall not violate or attempt to violate the security of the Website; Services and Product and you will not hack into, interfere with, disrupt, disable, overburden, modify, publish, reverse engineer, participate in the transfer or sale, create derivative works, or otherwise impair the Website, Services and Product;
shall not use our Services, Website and Product in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Services, Website and Product or that could damage, disable, overburden or impair the functioning of our Services, Website and Product in any manner;
shall not use our Services, Website and Product to pay for, support or otherwise engage in any illegal activities; including but not limited to: gambling, fraud; money-laundering; or terrorist activities; or other illegal activities;
shall not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services, Website and Product or to extract data;
shall not use or attempt to use another User's account without authorization;
shall not attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services, Website and Product that you are not authorized to access;
shall not operate as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler's checks, and escrow services;
shall not provide false, inaccurate, or misleading information; and
shall not encourage or induce any third party to engage in any of the activities prohibited under this Section.
12. TAXES
You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the MMAON tokens, use of Services, Website, Platform or any other MMAON Product. MMAON is not giving any advice regarding tax issues and is not responsible for determining any tax implications connected with its Product, Website or Service. MMAON makes no representation as to the tax implication of any jurisdiction. You shall be solely liable for all such penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax. 12.1. All fees and charges payable by you to MMAON are exclusive of any taxes and if certain taxes shall be applicable, they shall be added on top of applicable amount. Upon our request, you will provide us 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 taxing authority.
13. LIMITATION OF LIABILITY
13.1. MMAON, ITS AFFILIATES, ENTITIES INCLUDED IN THE ECOSYSTEM, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS OR AGENTS TOTAL LIABILITY ARISING OUT OF THESE TERMS, WEBSITE, SERVICE, PRODUCT OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, SHALL EXCEED 1,00 USD PER USER. IN NO EVENT SHALL MMAON, ITS AFFILIATES, ENTITIES INCLUDED IN THE ECOSYSTEM, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM MMAON, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, LOSS OF MMAON TOKENS, SUSPENSION OF ETHEREUM NETWORK COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MMAON RECORDS, PRODUCT, WEBSITE OR SERVICES. IN ADDITION TO THE ABOVE, MMAON SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, TRADING LOSSES, LOSS IN VALUE, OR OTHER LOSS. THIS APPLIES EVEN IF SUCH DAMAGES ARE FORESEEABLE.
13.2. EACH PARTY ACKNOWLEDGES THAT THE FEES PAYABLE HEREUNDER REFLECTS THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT EACH PARTY WOULD NOT ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
14. INDEMNIFICATION
You will defend, indemnify and hold MMAON, its affiliates, entities included in the ecosystem and licensors and its officers, directors, contractors, employees, agents and representatives, harmless from and against all claims, actions, demands, liabilities, damages, losses, costs and expenses (including legal fees) relating to or arising from: (a) your use of our Services, Website, Product; (b) your breach of these Terms or any other liabilities arising out of your use of the Services, Website and Product or the use by any other person accessing the Website, Service or Product using your computer and/or your Personal Information; (c) your violation of any rights of any other person or entity in connection with these Terms; (d) third-party claims concerning this Terms or your thereof. You will promptly notify us of any third-party claims, actions, or proceedings which you become aware of that involve MMAON as a result of these Terms. MMAON may participate with counsel of its own choosing in any proceedings describing above. If MMAON will be required to respond to compulsory legal order, you will reimburse MMAON for reasonable attorney and contractors fees for their time and material spent responding to obligatory legal orders. You will not agree to any settlement which imposes any obligation or liability for MMAON without MMAONs prior written consent.
15. INTELLECTUAL PROPERTY RIGHTS
15.1. MMAON reserves all rights, titles and interest to the Services, Products, Website, and other Intellectual Property. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content, software, tools and other materials contained on our Website, Product and Services, (collectively, "MMAON Materials") are the property of MMAON, our licensors or suppliers and you hereby agree to comply with all proprietary notices contained in MMAON Materials and these Terms.
15.2. Under no circumstances will these Terms be construed as granting, by implication, estoppel or otherwise, a license to any Intellectual Property or components thereof other than as specifically granted in these Terms. You agree that MMAON's Intellectual Property may be used only as provided in these Terms. All rights not expressly granted herein are reserved.
15.3. We hereby grant you a limited, revocable, non-exclusive, non-transferable and non- sublicensable license to access and use the Website, Products and our Services for your personal use and strictly in accordance with these Terms. Such license is subject to these Terms and does not permit (a) any resale of the MMAON Materials; (b) the distribution, public performance or public display of any MMAON Materials; (c) modifying or otherwise making any derivative uses of the MMAON Materials, or any portion thereof; or (d) any use of the MMAON Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services, Website and/or Product.
16. LINKS TO OTHER WEBSITES
Our Services, Website and/or Product may include links to third party websites, third party wallet providers or other service providers ("Third Party Sites"). If you use any links made available through our Services, Website or Product to reach other websites not maintained by MMAON you will leave our Services, Website and Product. The linked sites are not under the control of MMAON and MMAON is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.
16.1. MMAON shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites. MMAON provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by MMAON of Third Party Sites, nor does it imply that the linked Third Party Sites recommends, approves of, or endorses MMAON.
17. FEEDBACK
17.1. In connection with your use of our Service, Website, Ecosystem and Product you may provide us with your Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials You provide to us, whether by email, posting through our Website, Product, Services or otherwise. You waive any rights you may have to the Feedback (including any copyrights to the extent permitted by law). And Feedback you provide to us is non- confidential, non-proprietary and is not subject to a third party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
18. TERM AND TERMINATION
18.1. This agreement is entered into for unlimited duration.
18.2. We reserve the right to terminate and/or suspend your access to our Services/Website, without giving you prior written notice and delete all related information and files related to your use of our Services, Product, Website, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us.
19. NOTICES
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that MMAON provides in connection with your use of MMAON Website, Product and Services. You acknowledge and agree that MMAON may provide these Communications to you by posting them on its Website or by emailing them to you at the email address you provide. Any email communication will be considered to be received by you within 24 hours after we email it to you and Communication via our Website will be effective upon posting. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
19.1. Updating Contact Information. It is your responsibility to keep your email address with MMAON up to date so that MMAON can communicate with you electronically. You understand and agree that if MMAON sends you an electronic Communication, but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, MMAON will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add MMAON to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into or Website by sending such information to: [email protected]
19.2. You may contact us by sending an email to: [email protected] for general questions. All legal notices (including legal disputes) must be sent in writing to the following address: MMAON OÜ (LLC), Narva mnt 510117, Tallinn, Estonia or postage prepaid by certified or registered mail, return receipt requested and addressed to the authorized representative of the relevant Party. All given notices must be in English language.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1. Any dispute between the parties will be governed by these Terms in accordance with the laws of Estonia, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree and warrant that you will not commence against the other a class action, class arbitration or representative action or proceeding.
20.2. All disputes or claims arising out of or in connection with these Terms, including but not limited to its breach, termination, validity, nullity or any other disputes or claims arising out of or in connection with these Terms, Website, Products, the Services or any other matter shall be settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with the said Rules. The language to be used in the arbitral proceedings shall be English. The arbitration will be conducted confidentially.
20.3. Prior to filling any claims, you agree to file such claim, notification of any dispute or request to MMAON within thirty (30) days of when it arises as the attempt of informal resolution of dispute. Notice to MMAON shall be sent to: [email protected] . If the dispute between you and MMAON is not resolved within thirty (30) days, following the receipt of your request, you are entitled to file a claim in accordance with previous section. Claims filled contrary to the provision set out in this paragraph shall be rejected as premature. Any dispute arising out of or related to this Terms is personal to the User and MMAON and will not be brought as a class arbitration, class action or any other type of representative proceeding.
21. MISCELLANEOUS
21.1. Entire Agreement. These Terms represent the entire agreement, and supersede all prior and contemporaneous understandings between you and MMAON regarding the subject matter, especially regarding the Services, Ecosystem, Product and Website. In the event of any conflict between these Terms and any other agreement you may have with MMAON, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
21.2. Assignment. These Term shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from MMAON, including by operation of law or in connection with any change of control. MMAON may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your prior written consent or approval.
21.3. Force Majeure Events. MMAON shall not be liable for: (1) any inaccuracy, error, delays or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond MMAONs reasonable control (each, a "Force Majeure Event").
21.4. Waiver. MMAONs failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
21.5. Severability. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of the Terms shall remain in full force and effect to the greatest extent permitted by law. Any invalid or unenforceable portion will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid provision of the Terms will be severed from these Term and the rest of the Terms will remain in full force and effect.
21.6. Press Releases. Any publicity, press release or other promotion that you wish to distribute that refers to MMAON, shall be subject to MMAONs prior written approval.
21.7. Advice of Counsel. You acknowledge and warrant that by executing these Terms and accessing our Service, Ecosystem, Website and/or Platform, you had the opportunity to seek the advice of independent legal counsel, and have read and understood all of the terms and provisions of these Terms.
21.8. Survival. Sections: Eligibility, Risk Disclosure, Feedback, Intellectual Property, Links to other Websites, Disclaimer of Warranties, Limitation of Liability; Indemnity, Governing Law and Dispute Resolution and this Miscellaneous shall survive any termination or expiration of these Terms.
21.9. Electronic Communications.The user agrees and acknowledges that all agreements, notices, disclosures and other communications that MMAON provides the User pursuant to these Terms or in connection with or related to the User's purchase of MMAON tokens, including these Terms, may be provided by MMAON, in its sole discretion, to the User, in electronic form
21.10. If you need to contact us in relation to these Terms, please email us at: [email protected].
MMAON (October 2021)
