The following Terms and Conditions (“Terms”) govern the management of the Platform platform and the use of the Platform platform by registered users and registered ICO projects. The Platform platform is managed by Platform OÜ (hereinafter “Platform”), established in Estonia, with a registration number 14420711.
This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the work of the Platform platform in which the tokens of the registered ICO projects may be sold, conditions and terms and the possible benefits for the platform users.
Ownership of tokens issued by any ICO registered on the platform carries no rights express or implied. Purchases of tokens are non-refundable unless under the specific conditions set by the return and refund policy of the registered ICO. Purchasers should have no expectation of influence over governance of the platform. By participating in the sale of tokens, you expressly acknowledge and represent that you have carefully reviewed the Terms and fully understand the costs, and benefits of purchasing tokens and agree to be bound by these Terms. As set forth below, you further represent and warrant that, to the extent permitted by law, you are authorized to purchase tokens in your relevant jurisdiction, are of a legal age to be bound by these Terms, and will not hold Platform, its affiliates, and the officers, directors, agents, joint ventures, employees and suppliers or our affiliates, now or in the future and any other member of the Platform (collectively “Platform Team & Parties”) liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to the sale of tokens by any of the registered ICO projects.
Purchases of tokens and participation in any registered ICO should be undertaken only by individuals, entities, or companies that have understanding of the usage and intricacies of cryptographic tokens and blockchain based software systems. Registered platform users should have functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. While the Platform team will be available to assist platform users in regards to the use of the Platform platform, our team will not be responsible in any way for losses resulting from actions taken by, or omitted by platform users. The platform user is also liable for any losses or other damages he may suffer due to the legislation of his jurisdiction and by purchasing tokens confirms that he has the right to purchase and own tokens.
Prior to purchasing tokens from any of the registered ICO, the platform user should carefully consider the terms listed below and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. If any of the following terms are unacceptable to you, you should not purchase tokens. By purchasing tokens, and to the extent permitted by law, you are agreeing not to hold any of the Platform Team & Parties liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of tokens, including losses associated with the terms set forth below.
Platform is a platform that is designed to create an easy to use and efficient system that shall create an opportunity for various ICO projects and their managers to seek out potential customers and token purchasers, while other platform users shall be able to view the available ICO projects, receive the necessary information and choose to participate in the listed ICO projects, that they find profitable and interesting.
The platform will create an opportunity for cryptocurrency based transactions between the ICO projects and other users and shall employ up to date standards to ensure that the listed ICO projects and other participants act in accordance with the existing legislative standards and principals.
The platform users shall have an opportunity to obtain the required information about any of the ICO projects registered on the platform and may be certain that those ICO projects operate in accordance with the international standards regarding money laundering prevention and protection of personal information.
Any tokens that are part of the transactions are related to the ICO projects duly registered on the Platform platform. Platform OÜ shall bear no responsibility for any agreements and transactions made between any registered user and any registered ICO Project.
Detailed information regarding the Platform platform, is made available in our White Paper, accessible at www.octokat.co. White Paper constitutes an integral part of these Terms and Conditions.
The Platform platform provides services regarding transaction between registered users and registered ICO projects.
Any physical and legal person must provide valid information under the Platform AML policies in order to be make transactions in the platform as a registered user of the platform.
Any ICO project must provide valid information under the Platform AML policies and also provide its own policies regarding money laundering prevention, protection of personal data and possible refund conditions.
Any additional conditions are available for review at the website and in the White Paper.
Any funds that are to be processed through the Platform platform between the a participant and registered ICO shall be kept frozen on the corresponding account, should the parties of the transaction have not yet carried out the required KYC procedures under the relevant policies.
Any party wishing to use Platform platform agrees with the freezing of any funds sent to the platform until the relevant KYC procedure is carried out and the party is fully registered and given full access to the platform.
Should the party fail to adequately go through the relevant KYC procedure the funds shall remain frozen until the necessary information for the KYC procedure is provided or returned to the sender, with the costs suffered by Platform subtracted from the original sum.
For any transaction made through the Platform between the registered user and the registered ICO project, Platform shall take a commission in the amount of 5% from the price of the transaction.
A more detailed transaction pricing mechanism description is made available for review at the website.
In the spirit of openness, and to enable registered users to have as much information as possible to guide their decision-making process, the Platform Team will disclose information about the overall number of sold tokens and raised funds by any registered ICO project if the said ICO project has given its consent for the disclosure of such information.
Any registered ICO project manager acknowledges and understands, that Platform shall be performing the necessary KYC procedures of all of the platform participants and agrees to use such information under his own ICO project. Any such ICO project manager confirms that he understands the reason for such procedures and agrees that the KYC policies and procedures implemented by Platform are sufficient for his ICO and shall not request any additional information from Platform. Should any such ICO project manager require any additional information he may address any registered participant wishing to participate in his personally and acknowledges that Platform shall bear no responsibility for such actions.
Any ICO project accepting information agrees to use it only for the purpose of his ICO and valid AML policies and shall free Platform from any liability, should he in any way violate his obligations or the rights and interests of any participant regarding personal data protection.
Any ICO participant by registering on the Platform platform gives his consent to his information being provided to registered ICO projects.
Any identification documentation provided to ICO projects may be secured by a watermark.
Platform takes upon itself an obligation to make sure that any ICO project receiving information has relative privacy and data protection policies that are necessary for the protection and safe use of such information.
Platform warrants that it will not purchase tokens of the registered ICO projects. Furthermore, Platform warrants that it will not purchase tokens from any third party, or acquire issued tokens in any manner, or acquire future control of issued tokens, during the performance of the registered ICO project.
All purchases of token issued by ICO projects registered on the Platform platform are final unless otherwise stated by the applicable refund policy of every specific ICO project provided said ICO project refund policy is in conformity with the basic policies of Platform Return and Refund policy available at the website.
The registered user bears the sole responsibility to determine if the purchase of tokens and the potential appreciation or depreciation in the value of tokens over time has tax implications for the user in the user’s home jurisdiction. By purchasing tokens from a registered ICO project, and to the extent permitted by law, the user agrees not to hold any of the Platform Team & Parties and Platform itself liable for any tax liability associated with or arising from the purchase of tokens.
Although the Platform Team requires that the platform participants provide proof of identity for AML and KYC purposes, Platform will not publish any identifying information related to the transactions, without the prior written consent of the parties. All parties may be contacted by email by the Platform Team requesting additional information should it be proven necessary under the applicable legislation. Platform may refuse to register the user or the ICO project if the required information is not provided.
The registered user expressly agrees that the he is purchasing tokens at the his sole risk and that tokens is provided without warranties of any kind from Platform, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose.
The registered user acknowledges and agrees that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, tokens or any exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, or purchase of, or inability to purchase, tokens.
To the extent permissible under applicable laws, under no circumstances will Platform be liable to any party for more than the commission taken under the transaction. No provision in these terms shall affect the statutory rights of any purchaser or exclude injury arising from any willful misconduct or fraud of the Platform.
The registered user and any registered ICO project shall free Platform of any liability or losses that may arise due to the specifics of the legal regulation of ICO or cryptocurrencies of the user’s home jurisdiction or any other legislation the registered user or the registered ICO project may be subject to for any reason. The registered user states that he has full rights to participate in the registered ICO projects , purchase and own tokens issued by Platform and shall bear full responsibility should he not have such rights or act in violation of the legislation of his home jurisdiction and shall not hold Platform liable for any damages or other consequences he may suffer due to that.
Platform is not liable for failure to perform solely caused by, but not limited to:
If an event of force majeure occurs, the party injured by the other’s inability to perform may elect to suspend the Agreement, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
These Terms set forth the entire understanding between each registered user, ICO project and Platform with respect to transactions and use of the platform. For facts relating to the use of the platform, the parties agree to rely only on this document and annexes to it in determining in order to make their decision regarding participation in the platform.
The registered user, ICO project and Platform agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part then that in no way shall mean that these terms and conditions are invalid in whole.
The failure of the Platform to require or enforce strict performance by the parties of any provision of these Terms or the Platform’s failure to exercise any right under these agreements shall not be construed as a waiver or relinquishment of the Platform 's right to assert or rely upon any such provision or right in that or any other instance.
Platform reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the website. Any registered user and ICO project will be deemed to have accepted such changes by continue operating through the platform.
Platform will cooperate with all law enforcement enquiries or requests provided they are fully supported and documented by the applicable law and shall perform the required procedures that are deemed necessary under the applicable state and international anti-money laundering standards.