TERMS OF USE

(“Terms”)

[last updated September 16th 2021]



PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATION OF LIABILITY, GOVERNING LAW, BINDING ARBITRATION AND OTHER PROVISIONS. THESE PROVISIONS AFFECT USERS RIGHTS AND WILL GOVERN ANY FURTHER ACTIONS MADE VIA WEBSITE https://staking.origintrail.io/(hereinafter “Website”). BY UTILIZING THE WEBSITE, THE USER ACKNOWLEDGES THAT HE OR SHE HAS READ THESE TERMS AND CONDITIONS, FULLY AGREES WITH THEM AND IS BOUND BY THEM. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, HE OR SHE SHOULD IMMEDIATELY CEASE TO USE THIS WEBSITE.

THE COMPANY SUGGESTS THAT THE USER REVIEWS THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE USER ACKNOWLEDGES THAT BY ACCESSING OUR WEBSITE AFTER THE COMPANY HAS POSTED CHANGES TO THESE TERMS, THE USER IS AGREEING TO THE MODIFIED TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT THE COMPANY IS NOT LIABLE FOR ANY CONSEQUENCE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE WEBSITE. THE WEBSITE IS PROVIDED TO THE USER ON “AS IS'' BASIS AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE WEBSITE, THE ENTIRE RISK AS TO QUALITY, ACCURACY, PERFORMANCE AND COMPLETENESS IS UP TO THE USER.

THE USER ALSO HEREBY ACCEPTS ALL THE RISKS, INCLUDING BUT NOT LIMITED TO NEW TECHNOLOGY RISKS, LEGAL RISKS, INTERNET TRANSMISSION RISKS, ETHEREUM ASSOCIATED RISKS, TAXES AND FEES, VIRUSES, POSSIBLE INACCURACY, UNANTICIPATED RISKS AND UNFORESEEABLE EVENTS, AND AGREES THAT THE COMPANY SHALL NOT IN ANY WAY BE RESPONSIBLE OR LIABLE.

1. TERMS

1.1 The Company is the owner of the Website, on which the Company will provide the User with a web interface through which he can interact with the open source Withdrawal Smart Contract on the Ethereum blockchain in order to withdraw/unstake TRAC TRAC tokens.

1.2The staking process has concluded (see the terms for the staking phase here), and the withdrawal/unstaking has initiated.

1.3To withdraw the Tokens, the User must connect the same Ethereum Wallet used for the staking phase, by using the interface available at the Website. User must then confirm the withdrawal of funds to the Ethereum Wallet and initiate the transaction.

1.4Accessing, browsing, viewing, or in any way using the Website, the User hereby consents and agrees to be bound by these Terms, as contained herein, together with any documents that are incorporated by reference.

1.5If you (hereinafter the “User”) do not agree with the following Terms, or if any of the representations and warranties set forth are inaccurate as applied to the User, the User must not continue utilizing the Website.

1.6These Terms do not create any third-party beneficiary rights in any individual or entity.

2. DEFINITIONS

2.1The definitions and rules of interpretation in this clause apply in these Terms.

“Company”

Trace Labs Ltd, a company registered and incorporated under the laws of Hong Kong, company registration number: 2714388.

“Ethereum”

an open-source, blockchain-based, decentralized software platform used to enable Smart Contracts and Distributed Applications.

“Ethereum Wallet”

an Ethereum address represented by a pair of public and private cryptographic keys on the Ethereum Network, controlled by the owner of the private key (user).

“Mainnet”:

a public OriginTrail decentralised network consisting of nodes running the latest version of the ot-node software published on the OriginTrail Github account.

“ODN v5”:

the 5th version of OriginTrail Decentralised Network Mainnet.

“Terms”

rules, conditions, or restrictions set here under which the User is bound by.

“TRAC Tokens”:

Trace (TRAC) is a cryptographic utility token that enables data operations on the OriginTrail Decentralized Network.

“User”

a natural or legal entity using, visiting or in any way utilizing the Website.

“Website”

means the website governed by the Company (including any content or feature, regardless of its form or medium) located at: https://staking.origintrail.io/ or any other URL, which may replace it.

“Withdrawal Smart Contract”

3. Potential changes to these Terms

3.1 These Terms are subject to change, modification, amendment, alteration, or supplementation at any time, without prior notice, at Company's sole discretion. All changes are effective immediately.

3.2 Users are solely responsible to regularly check for any revisions or amendments to these Terms. User’s continuous use of the Website (in whole or in part) shall mean the acceptance of the Terms in force at the moment.

4. Key and wallet management

4.1 It is User’s sole responsibility to protect privacy and safety of cryptographic keys associated with their Ethereum Wallet. Company or its contractors are in no way responsible or capable of helping the User in case of lost keys.

4.2 By accepting these Terms, the User acknowledges that the Company is not in any way responsible or liable for any loss of Users digital assets resulting from theft, loss or mishandling of digital assets private keys.

5. Intellectual property rights

5.1 Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Website are intellectual property whether registered or unregistered owned, controlled or licensed by the Company. The Company enforces and will enforce its intellectual property rights to the fullest extent. Other product and company names mentioned at the Website may be the Intellectual Property of their respective owners.

5.2 Through the use of this Website the Company grants the User a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for its personal, lawful and non-commercial purposes.

5.3 User’s right to use the Website is limited to the license grant above, and User shall not otherwise copy, display, distribute or modify the Website or any component of it, except as expressly authorized by the Company.

5.4 Company’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

6. Processing of personal data

6.1 For the provisions of processing your personal data in relation to Your use of the Website and/or any services offered therein, please see our Privacy Policy.

7. Acknowledgements and assumption of risk

7.1 No legal relationship. The User fully acknowledges that no legal relationship of any kind has been established between the User and the Company.

7.2 Technology. The User understands that blockchain technology, Ethereum, Ether and other associated and related technologies are open-source and outside of Company’s exclusive control and any adverse changes in the market or the technology, broadly construed, will exempt the Company from liability under these Terms.

7.3Legal risks.The User is solely responsible to ensure that any action associated with utilizing the Website is legal in their jurisdiction, and by accepting these Terms each User undertakes not to take any action that could be deemed illegal in the relevant jurisdiction. By using the Website, the User covenants, represents, and warrants that its use complies with its jurisdiction of residence and that it is fully able and legally competent to use the Website and all its features. If utilization of the Website does not comply with the applicable law of User’s jurisdiction of residence, User shall be fully liable for any consequences incurred thereof and fully acknowledge and agree that the Company shall not be held liable for its use of the Website or/and any actions performed therein.

7.4Internet transmission risks.The User acknowledges that there are risks associated with utilizing the Website via the Internet, including but not limited to, the failure of hardware, software, and Internet connections. The User acknowledges that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays the User may experience when using the Company's Website.

7.5Ethereum associated risks. The User understands that Ethereum blockchain technology may be potentially unstable and could cause unexpected effects and system failures. Ethereum blockchain technology is separated from the Website and under no control of the Company. The User fully acknowledges that Ethereum might be impacted by high usage latency, high usage costs, defects and failures or malfunctions and agrees that the Company is in no way responsible or liable for such events and conditions.

7.6Taxes and Duties.It is the User’s full responsibility to determine if any taxes and/or other duties apply to the transactions it completes via the Website, and it is the User’s responsibility to report and remit the respective tax and/or other duties to the appropriate authorities. The User agrees that the Company is not responsible for determining whether taxes and/or other duties apply to User’s activities or for collecting, reporting, withholding, or remitting any taxes and/or duties arising from any activities.

7.7Malicious software.TThe User acknowledges and accepts that the Company does not guarantee or warrant that the files available for downloading from the internet or the Websites will be free of malicious software or other destructive code. User is solely responsible for implementing sufficient procedures and checkpoints to satisfy his requirements for anti-virus or other form of sufficient protection. All the potential risks associated with the use of the Website and its content are solely on the User. The Website and the content is provided on an “as is” basis, without warranties and conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, merchantability, fitness for a particular purpose, and non-infringement, unless otherwise required by applicable law.

7.8Inaccuracy.Content on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information available on the Website. The Company may make improvements and/or changes on the Website. Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Website.

7.9Unanticipated risks.In addition to the risks set forth here, there are risks that the Company cannot be held liable for due to their unforeseeable nature.

7.10Unforeseeable events.The Company shall not be liable for any loss, damage or other form of loss resulting from force majeure, including any form of loss arising out of pandemic.

8. Limitation of liability

8.1The Company or Company’s affiliates, licensors, employees, officers, or directors shall not be liable to any User for damages of any kind arising out of using this Website, or inability to use. The Company is not liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of goodwill, work stoppage, business interruption, computer failure or malfunction or any and all other commercial damages or losses

9. Acceptable use and prohibited actions

9.1When accessing and using the Website or the content on it, the User agrees that such use does not violate any applicable law, contract, intellectual property or other third-party right. The User is entitled to use the Website only in conformity with the laws of his country of residence and of the country he accesses the Website from.

9.2Without limiting the generality of the foregoing, the User agrees not to:

(a)use the Website or the content on the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users,

(b)use the Websites in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website,

(c)use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website,

(d)otherwise attempt to interfere with the proper working of the Website.

10. Indemnification

10.1The User agrees he will indemnify the Company and hold harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, suffered or incurred directly or indirectly to violation of these Terms or use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms or User’s use of any information obtained from the Websites.

11. Miscellaneous

11.1Failure to follow the instructions on the Website may limit, delay, or prevent the User from utilizing the Website in full.

11.2The failure or omission by the Company to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit the Company’s right to enforce such provision at a later time. All waivers by the Company shall be unequivocal and in writing to be effective.

11.3Except as otherwise set forth herein, if any term, clause, or provision of these Terms, or any terms incorporated by reference herein, is held unlawful, void, or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

12. Third-party content

12.1Where the Website contains links to other Websites and resources provided by third parties, these links are provided for User’s information purposes only. Such links should not be interpreted as approval by the Company of those linked Websites or information the User may obtain from them. The Company does not have control over the contents of those Websites or resources and shall in no way be held liable for the accuracy and correctness of any information or content made therein.

13. Rules about linking to our Website

13.1The User may link to the Website, provided he does it in a way that is fair and legal and does not damage the Company's reputation or take advantage of it. The User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Company’s part where none exists.

13.2The Company reserves the right to withdraw linking permission without notice.

14. Governing law and dispute resolution

14.1Any dispute, controversy or claim arising out of or in connection with this Terms, including the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia. The Arbitral Tribunal shall be composed of three arbitrators. The seat of the arbitration shall be Ljubljana, Slovenia. The language to be used in the arbitral proceedings shall be English. In each case, the governing law of the contract shall be the substantive law of Slovenia.

Latest update: 16.09.2021