Terms and Conditions

Last updated: July 24, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Romania
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Neurotrading Technologies S.R.L., Sat Cervenia, Judet Teleorman.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service

 

  • Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Minicrypto Website, accessible from minicrypto.org
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1.Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully in clause “15” before using Our Service.

2.Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

3.Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

4.Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 70 RON if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of investment, loss of time, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, any activity performed by the company, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

In no event shall the Company or members of the Company be liable for: Any lost profits, lost savings or incidental, indirect, special or consequential damages, arising out of your use or inability to use the services or products offered by the Company or the breach of any of these Terms by any third party; Any security risk such as hacker attacks, loss of password, unauthorized access, etc.; Any losses resulting from the extreme volatility in pricing of markets, token or software in any countries and/or exchanges.

By acquiring software and to the extent permitted by applicable law, the buyer agrees not to hold the Company or any member of the Company liable for any losses or damages arising out of or in any way connected to the buyer’s failure to properly secure the private key to the wallet containing their token, hacker’s attacks, loss of passwords, etc.

5."AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

6.Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

7.Disputes Resolution

If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company by any mean at their support channels. If it all fails, then you officially inform the company by written through assigned legal contact. If within 30 days you both fail to reach a mutual agreement to resolve any issue, you agree to refer, in good faith, to submit the matter to mediation. Costs related to mediation shall be mutually shared between or among the Parties ,Unless otherwise agreed in mediation, and intention of meditation should be declared in written within 14 days period, If the parties cannot agree upon the selection of a mediator within ninety (90) days after the Notice Date, then upon the request of either party, “the Mediation Council, registered under no. 10723/02.02.2009” shall suggest the mediator. The parties shall attempt to resolve the dispute through mediation until one of the following occurs: (i) the parties reach a written settlement; (ii) the mediator notifies the parties in writing that they have reached an impasse; (iii) the parties agree in writing that they have reached an impasse; or (iv) the parties have not reached a settlement within one hundred and twenty (150) days after the Notice Date.

If Meditation fails to resolve the dispute as stated above, then you agree to refer to arbitration either through court of the country or through the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of the country (CICIA), or through mutual agreed arbitration procedure in the Country. You must inform by written and officially the intend to go for arbitration within (14) days of the end of Meditation terms (if the dispute is not resolved), otherwise the meditator`s assessment shall be considered by you as a settlement, unless declared by the Company their disapproval for such, and their desire to go for arbitration, which is not limited by time frame. The arbitration shall be final and binding. You agree not to initiate any court action, case or lawsuit in any form, or to commence any civil action that may arise from any dispute or concern other than going through agreed legal procedures mentioned above and within order and time frames specified and in the specified Country. You agree that this is the only accepted and binding legal procedure and you may not refer any disputes to any other regulatory agencies or any other legal routes.

8.United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. For citizens and residents, i.e. USA person, you are not illegible to take part in purchasing, acquiring, holding the software. To be more clear, all citizens and residents (within the meaning of Regulations of the United States Securities Act) are not eligible to partake in acquiring the software. You must notify the Company immediately if you become a United States person.

9.Non eligible purchase and or hold of software

In following cases, you are not eligible for purchasing or holding software of company (including but not limited to Tokens) if you:

• Yours acquisition of Tokens would cause a breach of the law or requirements of any country or governmental authority, including anti-money laundering regulations or conventions.

• act on behalf of terrorists or terrorist organizations, including those persons or entities that are included on the List of Specially Designated Nationals and Blocked Persons maintained by the US Treasury Department's Office of Foreign Asset Control (“OFAC”), and/or sanctions administered or enforced by any country or government.

• acts, directly or indirectly, for a senior foreign political figure, any member of a senior foreign political figure's immediate family or any close associate of a senior foreign political figures unless the Company, after being specifically notified by the Purchaser in writing that it is such a person, conducts further due diligence, and determines that the purchase is permitted.

• act as trustee, agent, representative or nominee for a Purchaser that is a foreign shell bank, i.e. Without a physical presence in any country, and does not include a regulated affiliate.

• make representations or warranties in the Terms that are not true when given or have ceased to be true.

• you have circumstances are such that, in the opinion of the Company’s directors, your continued ownership of Software would cause an undue risk of adverse tax or other consequences to the Company. Those circumstances include those that affect you directly or indirectly, whether taken alone or in conjunction with another person or persons, connected or not, or any other circumstance that appears to the directors to be relevant.

10.Tokens and products

Tokens are software created by the company or its affiliates, contractors, or any other party for the company. It is based on ERC20 blockchain concepts and might change as seems fit by the company without prior notification. It is not financial asset and is software. Using of term “coin” or “coins” in reference to the token or tokens at any advertisements or service means the same token or tokens and does not mean, or refer to any financial asset. The token is referred to as (MiniDOSE) or (MDOSE) at the time and might change without any prior notification.

By purchasing Token or any other product of the Company, you agree to purchase the use of the software it is composed of. You agree to use it “AS IS” without any guarantees of any type. The Company and all its affiliates and providers are not liable for any losses or damages either directly or indirectly arising from the use, or right of the use, of the software.

You agree that all distinguished features, design, code and all related aspects of the Software of the company is intellectual property of the Company, unless specified otherwise. Other publicly accessible aspects of the software, such as “open source code”, or any licensed aspect to the Company, where it is clearly stated, are exempted. Only software declared officially in written by the Company as “open source” is free to use according to its “open source” terms and conditions.

You agree not to try to, or to do, either directly or indirectly or by any mean, any harmful act toward the Software or the Company or to facilitate that. Examples including but not limited to hacking the system, attempting to manipulate tokens counts, replicating concept, software engineering or imitating software or service.

You fully understand that the part of technology used associated with the software of the company has been applied for patency, you fully understand that this application could yield/have yielded positive or negative result/s in relation. You fully hold legal responsibility for any attempt to infringe Software, its code, design, trade mark or any other related aspect.

11.Company financial Activity and its relation to software

You hereby acknowledge that by holding and purchasing of software, including but limited to Tokens, you have no guaranteed financial expectations whatsoever. You fully understand that all company financial activities, for example but not limited to its investments, is irrelevant to the fact that you purchased and/or held any Software of Company, and you are not partaking, either directly or indirectly, in that financial activities, and the company is not doing any of its financial activities on your behalf or any one you represent, either directly or indirectly.

You fully and completely understand that any mention/s, plan/s, promise/s, discussion/s or talks of any kind in relation to the company financial activities, including but not limited to, investing in markets, launching financial and/or artistic projects, investing in other crypto projects and so on, are merely intentions of the company and is absolutely internal matter of the company, and that the company have no financial or moral obligation, whatsoever, towards you in that regard in any form or shape, either directly or indirectly.

To confirm, You fully and completely understand and acknowledge that the company is not and does not claim in anyway or mean to be licensed and/or regulated, in your territory or other territories, by regulatory agencies such as but not limited to (FCA, CSSF, FOS, ECC,SEC, central banks among others) to carry on investments or any other financial services, either on your behalf or others, and that upon, and if, acquiring such a license, the company, upon its sole decision, might declare that to the public. The company is not and will not carry any investment or financial services on your behalf before (a) acquiring such license, AND (b) declaring clearly and officially in written, its intention and capability to do such specific activity on your behalf, AND (c) as per terms and conditions at that time. All declared company`s financial plans, strategies, intentions, promises, reports, concepts, illustrations, communications (either oral or written), or any other forms of expressions does not constitute, in any shape or form, any type of financial “investments on your behalf” (directly or indirectly), “services”, “advises, legal financial or other types”, “recommendations”, or “any other type of financial activity that would require a specialized license and/or regulation”. You acknowledge that you, regardless of software you hold, are not a legal beneficiary of any financial activities of the company and there are no obligation from the company, whatsoever, to compensate you, share profit with you, and/or any type of declarations, and / or financial gain.

You agree that any complain you might have about (a) service or (b) software or (C) the company or any of their activities, personnel, third parties and/or contractors could not be referred to any regulatory agency including but not limited to (FCA, CSSF, FOS, ECC,SEC, central banks among others), and you shall only refer in such cases to the “Governing Law, clauses “6” & “7”” stated in this terms and conditions.

12.Rewards

Using the service might have promises and/or promotion of advertised reward/s such as tokens. You fully understand that this reward is introduced as is. You fully understand that this reward might have other limitations such as, but not limited to: total reward count, your country of signature, third party technologies, company`s technologies and ethical practice. You fully understand that this reward/s is optional by the company and not compulsory and is not legally bound to adhere to it. If the company chose to proceed with the reward, it does not form any kind of acknowledgment of your legal entitlement for the reward. If the company believes, up on its discrete decision, that the reward shall be ceased or withdrawn, for example but not limited to, unethical reward gained by the user, then the company is entitled to perform any action the company sees fit for the situation without any legal responsibility related directly or indirectly to this action.

As stated earlier, This does not represent, financial investment or other activity on your behalf in any way, shape, or form, either directly or indirectly. Refer to clause “11”.

13.Ethical Practice and Anti-money Laundry

You are guaranteeing that your use of service or any affiliated technology, token, white paper or any other kind of related facilities and services does not involve any affiliation with money laundry, unethical money practices, hidden third parties or any type of financial involvement that would be considered unaccepted or suspicious by monetary national and international law. You solely take the full legal, financial and moral responsibility for such practice and neither the Company nor any of the company's providers, employees, directors or representatives shall held accountable to any such activity.

You agree not to use more than one account or email for the service, and not to use any deceiving technique whatsoever in order to have unethical benefits or advantages, such as but not limited to, more token rewards or masking user.

The company have all the right to take, what it sees or defines as an appropriate measure upon its sole evaluation, or action, toward your account, balance, or any other type of accessible holdings upon discovering such practices and without any prior notice.

14.Intellectual Protection

You acknowledge that logo, visual design, trademark, trade name, media, technology and any other creative and/or commercial component or aspect of the service and/or white paper of Minicrypto is legally owned by the company and/or its founders. You are forbidden from using any of the components mentioned above or any other related creative aspect for any purpose whatsoever without obtaining written approval from the company. This applies specifically when the intended use is of commercial nature or set to drive commercial gain at any point including far future, and you will be held legally responsible for any such use. Non-profit academic uses are permitted for academic purposes.

You fully understand that the technology associated with the service, including but not limited to Neurotrading Blockchain Protocol, are owned by the company and/or its founders and might form, in full or in part, part of patency application/s. You guarantee to respect intellectual ownership and not to copy or use such technologies and/or any other related creative aspect without prior written approval from the company. You will be held responsible legally, to the maximum extent allowed by law, for any damage that the company endures or will endure, including collateral damage and missed gains, that results from violating this clause, either directly or indirectly.

15.Information and Personal Data

Upon the Company’s request, you will immediately provide to the Company information and documents that the Company, in its sole discretion, deems necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation judicial processes and anti-money laundering laws. Such documents may include, but are not limited to, passport, driver’s license, utility bills, photographs of associated individuals, government identification cards, or sworn statements. You consent to the Company disclosing such information and documents in order to comply with applicable laws, regulations, rules or agreements. Your failure to provide accurate and complete information required for your receipt of Software may result in delays, losses, costs, non-delivery of refunds or Software or other issues. You acknowledge that the Company may refuse to distribute Software to you and or provide access to your account until such requested information and/or documents is provided. The Company reserves its right to request further information and documentation at any time in its sole discretion. The Company may refuse you access should it have doubts as to validity, authenticity, and genuineness of the documents provided by you. You agree that the Company shall not be liable for any loss arising because of the delay or non-delivery of Tokens to you or any other actions taken by the Company described in this section, and you hereby waive all claims against the Company arising from such losses. You agree to indemnify and hold harmless the Company, against any loss incurred by the Company due to any such information or documentation not being provided by you.

You agree that the Company will process all personal data you provide or make available during the Sale Period,

Including, but not limited to your:

• name and surname;

• country of residence/nationality;

• scanned government issued ID (which must be valid for at least 6 months as of uploading date);

• date of birth;

• primary occupation

• Proof of residency, which will be provided with any of the following documents:

 Bank statement of your current account;  Credit card statement;  Loan-related documents from a bank;  Utility bill;  Broadband home internet bill, landline phone bill;  Tax return, council tax bill;  Government-issued certificate of residency;

• mobile phone number;

• photographs of you (which you must provide holding your ID document next to your face, with your head and shoulders visible, or by holding a hand-written piece of paper containing arequested word/s defined by the company, date of your application);

• any other personal identification information reasonably required by the Company to discharge its identification and/or anti-money laundering and terrorism financing obligations.

In addition, the Company collects information from running its Website, provided thereto, and processes such information. When you visit the Website, the Company collects information sent by your computer, mobile phone, or other 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 the Company's website, 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. When you access the Website, the Company or its applicable third-party service providers on behalf of the Company may place small data files called cookies on your computer or other device. The Company uses these technologies to recognize you as a user; customize the Website and advertising; measure promotional effectiveness and collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.

Processing of personal data is any operation or set of operations which is performed upon personal data, whether by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. The Company may share your personal data with third parties in order to provide services or suppress fraud or fix technical bugs or eliminate security problems. The Company will disclose your personal data to its affiliates, subsidiaries and third-party service providers in so far as is necessary to complete the Software Sale and fulfil the purposes set out by the Company.

You agree that the Company will process your personal data to market, conduct and perform technical analysis on the completion of the Software Sale and Technical service, including but not limited to fixing issues and bugs in relation to your account. Processing of your personal data will also be carried out in order to: (a) fulfil the Company's obligations under these Terms and under applicable law (including to comply with applicable anti-money laundering requirements); (b) complete your registration; (c) provide technical support and (d) to assist the Company in the development of the System and the performance of the activities set out in the Whitepaper.

You acknowledge and agree that you may receive commercial electronic messages and advertising materials from the Company or third parties by order of the Company on the e-mail address and/or the mobile phone number that you provided to the Company throughout the use of the Website. At any time, you will be entitled to withdraw your consent to receive such materials by following the instructions provided in the materials, if available, or by sending the company official written request.

16.Use of Input

If you provide any feedback, suggestion, or any other input including but not limited to media in any form such as pictures, videos etc.., either directly or indirectly, then you grant the company the full legal right to use it and incorporate it in any way the company sees fit including commercial use. You waive all your intellectual rights that stem from mentioned input in this clause to the company and transfer it to the company when applicable. The company has no obligation of any kind to compensate you or credit you for such input. If the company decides to compensate you or credit you for any input provided by you then this act is optional and does not form any kind of obligation whatsoever, either now or in the future, by the company towards you.

You guarantee that any feedback, suggestion, or any other input including but not limited to media in any form such as pictures, videos etc.. that you provide is legal and owned legally by you or you have the legal right to provide it. If your act infringement any right, acquired by any, illicit mean, and/or provide any input that stem from illicit act or you are not legally permitted to provide, for example but not limited to, owned by someone else, then you will hold the full and sole legal responsibility for the action and any related use, either directly or indirectly, of the input. The company is not held liable legally in any form by any input the company receives that stem from such activities.

To clarify without any doubt, if you provide any kind of input that is targeted at the company or any of its partners, products, affiliates and so on, either this input is text, image, video, meme, idea or any other formats, through any communication means such as but not limited to, email, website, social media accounts etc.. then you waive your whole related intellectual rights to the company, and they have the full right to use it as they see fit in any way they prefer without any compensation or credit to you. If company chooses to reward you, compensate you, or credit you then it is fully optional by the company and does not form any kind of legal acknowledgment.

17.Receiving communication

You agree to receive communication from the company which might take forms of, but not limited to, emails and other social media platforms. Communication might be composed of updated information, call to actions, marketing materials, third party materials, news or any other content. The company has no legal liability in relation to such received communications. You might choose to unsubscribe from communication list by following provided links, if available, or by informing us officially and in written of your desire to do so.

18."ICO" Initial Coin Offering

Participation in the ICO is possible through cryptocurrency payments and/or fiat payment, in currencies accepted by the Company with the minimum effective rate determined by the Company and declared at the service at the time of the purchase. By participating in the ICO, You agree you are contributing for the Company in return for the Software.

ICO is intended for the acquiring of tokens, as described in “Clause (10)”. The Service include page will guide participants through the deposit process, including KYC (“Know Your Customer”) procedures. You agree to provide all information required for the KYC and to facilitate that process and provide, up on request, all information that is required by the law or Company for knowing and identifying you better “refer to clause (15)”.

The date of start of ICO, its rounds, and end date will be decided by the Company and might be declared at their service, and are applicable for change by the Company at any time without prior notice. The same applies for total number of tokens, special conditions, bonuses if any, and maximum number of tokens or value allowed per purchase or user.

You agree that during the phase of ICO, and possibly after that, the holding of your software might be solely in the system of the company, you agree that it would stay at that way until the Company declares the possibility of transfer of Software , such as Tokens, to your own software compatible wallet and as per declared terms, such as but not limited to request to transfer the Tokens by you. You agree that in such a case the Company will do its best to deliver your software to Wallet assigned and declared. The company is not liable or responsible for any loss whatsoever that might arise during this process.

You agree to verify without doubt and accurately the wallet address you provide while registering and/or requesting Tokens transfer, and that transferring of Tokens are irreversible whatsoever and under any circumstances. If the Company decides at any point, to compensate your loses, if any, and/or reward you with any software it seems fit, then this is considered an act of good will and/or generosity and does not constitute any legal, moral or financial acknowledgment or legal or financial obligation from the Company towards you under any circumstances.

19.Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

a) Severability

If any provision or clause of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

b) Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

20.Translation Interpretation

These Terms and Conditions may have been, or will be, translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

21.Changes to These Terms and Conditions

We, the Company, reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms and conditions. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, or for any legal purposes, You can contact us:

  • By email: legal@minicrypto.org