LAUNCH SITE GENERAL TERMS AND CONDITIONS
1. Subject of the Agreement
1.1. These terms and conditions ("Terms") govern the commercial relationship between RBB S.r.l. (the "Company") and the purchaser (the "Customer") for the sale and purchase of a future cryptocurrency token (from now on "ML") and all related promotions and activities (i.e., the airdrop delivery of ML). This sale of ML will be granted to the Customer, who will be accrued in a formal list, at Company's sole discretion.
1.2. Only a limited amount of ML will be made available for a limited period of time, to be decided, on a monthly basis, by the Company at its sole discretion.
1.3. These Terms and Conditions are agreed in each and every part by simply concluding the contract as per Article 1.1.
1.4. The sale of ML will take place on the https://launch.mintlayer.org platform, where the Customer will connect their digital wallet in order to make the payment. Only a whitelisted Customer will have the possibility to buy ML, but the Company, at its sole discretion, reserves the right to decide whether the Customer can buy the selected amount of ML. The basic condition to apply for the sale and purchase agreement is that the Customer must have successfully passed the KYC checks from accredited providers selected by the Company (for instance, this includes the buyer not being a sanctioned or PEP "politically exposed person") and must not be a citizen of (or having domicile or being resident in) nor a company duly incorporated or with registered office in the United States of America (overseas territories included), North Korea (DPRK), Albania, Barbados, Belarus, Burkina Faso, Cambodia, Cayman Islands, Central African Republic, Haiti, Iran, Iraq, Jamaica, Jordan, Mali, Mali, Morocco, Myanmar, Nicaragua, Pakistan, Panama, Philippines, Russia, Senegal, Somalia, South Sudan, Syria, Uganda, Yemen, Zimbabwe and other jurisdictions under FATF increased monitoring monitoring guidance on June 2021.
1.5. After being selected by the Company, the Customer can make the payment, as per Article 3 below, and only then will they be able to purchase the selected amount of ML.
1.6. The Customer can not resell, assign or transfer to any third party the purchased ML until it's delivered to the wallet of the Customer and unlocked as per Article 1.7.
1.7. ML are locked until 4 months have passed since the day the Company will issue and distribute, through a token generation event ("TGE"), all the ML. Then ML unlock 2% monthly over 10 months, then 4% over 20 months (the "Vesting Period"). The Company will not consider valid any disposal, and any Customer's claim upon transfer or similar will not be accepted.
1.8. Under no condition can the Customer exercise any right to withdraw from the purchase of ML once the payment is made.
1.9. The Company may amend the Terms at any time with notice that the Company deems to be reasonable under the circumstances, by posting the revised version on its website or communicating it to the Customer through the Services (each a "Revised Version"). The Revised Version will be effective as of the time it is posted but will not apply retroactively. The purchase of ML after the posting of a Revised Version constitutes acceptance of such Revised Version.
2.Payment and Price
2.1. Payments for the future tokens shall be made by the Customer, as described in Articles 1.4 and 1.5, with immediate payment to the Company's BTC address, which will be provided to the Customer only after having accepted them as a whitelisted buyer. Any money transfer fee shall be borne by the Customer.
2.2. The sale is made only for the predefined tickets and denominations of USD indicated on the launch.mintlayer.org platform. The Company shall reserve the right to change them in lower or higher packages and denominations, according to the amount of ML available as per Article 1.2. No other smaller or bigger denominations will be accepted. A Customer can only buy one ticket, and after they have chosen which one they want to buy, then the choice cannot be changed.
2.3. The ML price is set forth at $ 0.1452 per Token. All payments, as per Article 3.1, shall be made in BTC so that the effective price will be set at Kraken's exchange rate on the day of the sale, based on BTC value on the sale day at 10 am CET/CEST.
2.4. No amendments or other terms will be accepted by the Company unless agreed or specified by the Company in writing.
2.5. Airdropped Tokens and promotions for joining us on Social Media and retweeting activity: The Customer will receive airdropped tokens when registering with referral code or completing other promotional activities on the platform. In order to receive the airdropped ML, each Customer must have passed a positive KYC and has to be an individual or a legal entity (no BOTs admitted). All airdropped free ML are vested as per clause 1.7, exactly like the sold ones. A Customer can only get the airdropped free ML once for a single predefined activity and/or only for the first social activity they make. No additional bonus will be provided for any further activity for the same account.
3. Warranty and liabilities
3.1. The Customer acknowledges and accepts that ML is supplied "as is" and under these Terms and Conditions and that the Company makes no representations or warranties, express or implied, that it is suitable to meet the Customer's requirements.
3.2. The Company hereby guarantees that once the payment has been completed as per Article 3, the Customer will have ML in the quantity they have paid for, at the Terms and Conditions here set forth.
3.3. The Customer acknowledges that, except in cases of intentional misconduct or gross negligence, the Company shall in no event be liable for any damage caused to the Customer or third parties as a result of the use of the ML and/or the platform and never, in any case, exceed the amount paid by the Customer under the contract with the Company.
4.1. The Company has implemented technical and organizational measures designed to secure personal information from accidental destruction, loss, alteration, and unauthorized access, use, alteration, or disclosure. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. The Customer will provide personal information at their own risk.
4.2. The Customer is solely responsible for safeguarding their password and for restricting access to the Token from compatible mobile devices and computer(s). The Customer will immediately notify us of any unauthorized use of their password Account or any other breach of security. The Customer will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with the Company and provide all information requested by the Company to remediate the breach. Any assistance provided by the Company in relation to a security breach does not in any way operate as acceptance or acknowledgement that the Company is in any way responsible or liable to you or any other party in connection with such breach.
5. Company’s Intellectual Property
5.1. The Customer acknowledges and recognizes that all industrial and intellectual property rights related to the Company and its ML and any documentation, of any type relating thereto, as well as the related preparatory work, documentation, updates and developments and derivative works, are and remain, in whole and in part and anywhere in the world, exclusively owned by the Company. The Company also retains all rights to trademarks, logos, names, website, and other distinctive signs associated with the Product, which the Customer may not use in any way. The Customer is not authorized to copy, even partially, the trademarks, design, websites, etc., of the Company unless otherwise agreed upon in writing with the Company.
5.2. The Customer shall not be entitled to start any action against the Company if the infringement of the rights referred to in this Article is potentially attributable to the Customer (including, without limitation, if it arises from special requirements to be fulfilled by the Customer).
5.3. The Customer acknowledges that any behavior contrary to the provisions of this Article, in addition to a breach of the Agreement, would constitute a violation of the Company's rights over the Product and, more generally, of the applicable copyright regulations.
6.1. The Company will not collect or require sensitive personal data. However, it may be possible that the Company will collect some common personal data (i.e., name, email address, etc.). Processing personal data of which the Company will become aware during the sale of ML, the Company agrees to observe and have their employees, collaborators, third parties, and any subcontractors to observe the provisions of the EU Regulation n. 2016/679. The Company declares to possess the minimum security requirements and, in any case, to possess and take all necessary measures to protect the data processed. The data will be retained for a minimum period of time and then deleted.
6.2. The Customer declares and acknowledges to have received the information pursuant to Article 13 of the EU Regulation n. 2016/679, which is available on the Company's website.
7. Litigations and Jurisdiction
7.1. These Terms and Conditions shall be governed by and construed in accordance with the Republic of San Marino laws. Any disputes resulting from or connected with these general conditions shall be resolved by the Court of San Marino.