Terms and conditions
  1. General considerations

These Terms and Conditions (hereinafter referred to as „Terms and Conditions” or „Terms”) set out how you can use and access to whitelist.futurefund.ch or futurefund.ch (the „Website”), owned and operated by GOTIT Poland Sp. z o.o., a legal entity established under the Law of Poland with a registered address at ul. H. Sienkiewicza 72, 90-318 Łódź, Poland, tax registration number: PL7252284012 (the „Company”, „we”, or „us”).

These Terms and Conditions constitute a binding Agreement between you (hereinafter „you”, „User”, „Users”, or the „Purchaser”) and the Company. The Privacy Policy is a part of these Terms and Conditions.

 

  1. Acceptance of Terms and Conditions

The Company reserves the right to change, modify, or revise these Terms and Conditions at any point in the future and at its sole discretion. The revised version shall be effective as of the time of publication. The responsibility to check these Terms periodically for changes rests on the User. Your continued use of the Website following the posting of any changes or updates to these Terms and Conditions means that you accept and agree to such changes. If you do not agree to any changes made to these Terms and Conditions, please refrain from using the Website and the services provided by the Company.

 

  1. Links to other websites

The Website may contain links to third-party websites. Unless stated otherwise, these websites are not under control of the Company or its affiliates. The Company is not responsible for the terms of use or content of such third-party websites and shall not be liable for any losses or damages arising out of using them. We encourage you to be aware when leaving the Website and to read the terms of use of each and every website you visit.

 

  1. Service Description

The Company intends to sell Growth Token to fund the development of an ecosystem consisting of an investment vehicle („Future Fund”) and a marketing platform that allows to perform user-defined marketing actions. The purpose of Growth Token is to generate an in-platform unit of account used for the aforementioned marketing activities. Additional information about the ecosystem is provided in the Future Fund Whitepaper available on the Website.

Purchase, receipt, ownership, or possession of Growth Token does not carry any rights, express or implied, other than the right to use the Token to interact with the services provided by the ecosystem. This means that Growth Token is not structured or sold as securities and holds no rights nor confers any interests in the equity of the Company. Because Growth Token confer no governance rights of any kind with respect to our ecosystem or the Company, all decisions involving the Company’s products or services rendered within the ecosystem or the Company itself will be made at our sole discretion. These decisions could affect the ecosystem and the utility of any Growth Token you own, including their utility for obtaining services.

THE PURCHASER EXPRESSLY AGREES THAT THEY ARE PURCHASING GROWTH TOKENS AT THEIR SOLE RISK AND THAT GROWTH TOKENS ARE PROVIDED ON AN „AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE TOKENS (EITHER EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE PROCESS FOR PURCHASING GROWTH TOKEN WILL BE UNINTERRUPTED, DEFECT-FREE OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

The following data is collected for the purposes of the sale:

  • e-mail address
  • wallet address:
    • METAMASK
    • WALLETCONNECT
  • Number of purchased tokens
  • Agreement to these Terms and Conditions and the Privacy Policy

You agree that we may provide you with notices and other information concerning digital assets or this Website electronically, including notices to any e-mail addresses that you provide.

 

  1. User

You must be at least 18 years of age to use, access, register on this Website, or provide any information about yourself on the Website through any of its features. By using the Website and agreeing to these Terms and Conditions, you are solely responsible for use of the services and all activities involved with such use. This Website is for your own personal and non-commercial use only. Users to whom U.S American or Canadian tax law applies may not participate in Growth Token pre-sales.

You must fulfil certain requirements to use the services provided by the Company. These requirements include, but are not limited to, being a natural person with full legal capacity, having sufficient knowledge of digital assets, blockchain, and applied cryptography to understand the risks associated with dealing with tokens, and owning a compatible, password-protected digital wallet or other storage solution for such tokens.

The User shall provide us with the necessary, accurate, and current information about themselves and update them as necessary, as well as authorise the Company to make all relevant inquiries to verify the User’s identity (including „Know Your Customer” checks) and perform anti-fraud and anti-money-laundering („AML”) checks directly and/or through third parties. The Company also reserves the right to refuse any request to sell Growth Token.

In addition, the User may not:

  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website;
  • decompile, reverse engineer, or disassemble the Website;
  • link to, mirror, or frame any portion of the Website;
  • attempt to gain unauthorized access to or impair any aspect of the Website;
  • assign or transfer their account to any other person or entity;
  • use the Website or the services in a way that causes nuisance, annoyance, inconvenience, or property damage;
  • use the Website or the services for unlawful purposes.

We reserve the right to modify, terminate, or suspend the User’s access to the services and this Website, or any portion thereof, immediately and at any point if the User violates the Terms and Conditions or for any other relevant reason at our discretion.

 

  1. Security

The User is responsible for ensuring reasonable measures to secure their wallet, vault, or other storage mechanism they choose for receiving and storing Growth Tokens, including any private key(s) or credentials required to access such storage mechanism(s). A private key, or a combination of private keys, is necessary to control and dispose the digital assets stored in the User’s digital wallet or vault. Accordingly, loss of the requisite private key associated with the User’s digital wallet or vault will result in loss of such digital assets. Moreover, any third party that gains access to such private key, including by gaining access to login credentials of a hosted wallet service The User utilises may be able to misappropriate the User’s digital assets. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault the User chooses to receive and store digital assets in, including the User’s own failure to properly maintain or use such digital wallet or vault, may also result in the loss of their digital assets. Additionally, failure on part of the User to follow precisely the procedures for buying and receiving tokens may result in the loss of Growth Tokens.

The Company cannot and will not be liable for any loss or damages arising from the User’s failure to comply with this section. There is no possibility for the Company to recover private passwords of any User.

 

  1. Risk

Because Growth Token and Future Fund platform are based on the Binance Smart Chain protocol, any malfunction, breakdown, or abandonment of the Binance Smart Chain protocol may have a material adverse effect on the platform or Growth Token. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the Growth Token and the platform, including the utility of Growth Token for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.

As with other decentralized cryptographic tokens based on the Binance Smart Chain protocol, Growth Tokens are susceptible to attacks by miners in the course of validating Growth Token transactions on the Binance Smart Chain blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the platform and Growth Tokens, including, but not limited to, accurate execution and recording of transactions involving Growth Tokens.

Hackers or other malicious groups or organisations may attempt to interfere with the platform or Growth Token in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and Growth Tokens, including the utility of Growth Token for obtaining services.

If secondary trading of Tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to Growth Tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.

The regulatory status of Growth Tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the platform and Growth Token. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the platform and Growth Tokens. Regulatory actions could negatively impact the platform and Growth Tokens in various ways, including, a determination that the purchase, sale and delivery of Growth Tokens constitute unlawful activity. The Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

The tax characterization of Growth Token is uncertain. You must seek your own tax advice in connection with purchasing it, which may result in adverse tax consequences to you, including withholding taxes, income taxes, and tax reporting requirements.

It is possible that alternative platforms could be established that utilise the same open-source code and protocol underlying the platform and attempt to facilitate services that are materially similar to our services.

Cryptographic tokens such as Growth Token are new and untested technology. There are also other risks associated with your purchase, possession, and use of Growth Token, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed above.

 

  1. Confidentiality

You agree that all information, communications, materials coming from the Company are unsolicited and must be kept private, confidential, and protected from any disclosure. Moreover, the information, communications, and materials contained herein are not to be regarded as an offer, nor a solicitation for investments in any jurisdiction which deems non-public offers or solicitations unlawful, nor to any person to whom it will be unlawful to make such offer or solicitation.

You agree to hold the Company, all principals, and members harmless of any liability. You are investing at your own risk, and you agree that a past performance is not an explicit guarantee for the same future performance. You agree that all information, communications, and materials you will find on this site are intended to be regarded as an informational and educational matter and not an investment advice.

We reserve the right to change the rules, commissions, and rates at any time and at our sole discretion without notice, especially to respect the integrity and security of the members’ interests. You agree that it is your sole responsibility to review the current terms.

 

  1. Limitation of Liability

By using the Website in any way, you acknowledge the inherent risks associated with crypto assets and warrant that you have an understanding of the usage and intricacies of Growth Token and smart contract-based tokens in general. You understand that Binance Smart Chain (BSC) and other blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the BSC. You acknowledge these risks and represent that the Company cannot be held liable for such fluctuations or increased costs. You acknowledge that you are solely responsible for the process of selling and buying Growth Tokens and that the Company does not offer any such service. The Company cannot be held liable for any losses or damages of Growth Tokens or other cryptocurrencies resulting from the use of services of any third-party provider (i.e. exchanges).

In no event shall the Company be liable of any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption).

Growth Tokens and BSC could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Company to continue to develop, or which could impede or limit your ability to access or use Growth Token.

The Company endeavours to comply with all applicable laws, i.e. all legal requests for information, and reserve the right to provide information, including Project Information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect Growth Tokens and its Users.

However, the purchase of tokens in certain jurisdictions is prohibited. Prospective purchasers are required to obtain appropriate advice on the relevant jurisdiction before deciding to purchase tokens. You should not purchase tokens if you are a citizen or resident of a country where the purchase of tokens is prohibited.

You agree the risk arising out of your use of the services, any risk arising out of your use of the Website, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

 

  1. Indemnity

Unlike bank accounts or accounts at some other financial institutions, the Company is uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.

You agree to indemnify and hold the Company harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:

  1. your use of the Website or services obtained through your use of the Website;
  2. your breach or violation of any of these Terms and Conditions;
  3. your violation of the rights of other Users.

 

  1. Intellectual Property

The Website and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, logos, video and audio, and the design, selection, and arrangement thereof), are owned by the Company. The Company`s intellectual property is protected by international copyright, trade secret, and other intellectual property or proprietary rights laws.

You must not distribute, modify, copy, reproduce, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.

Any use of the content of the Website not permitted in written form by these Terms and Condition is a breach of these Terms and Conditions and may violate copyright and other laws.

 

  1. Governing Law and Jurisdiction

By agreeing to these Terms and Conditions, you are:

  • waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
  • irrevocably consenting to the exclusive jurisdiction of the courts based in the Republic of Poland over any disputes or claims you have with the Company;
  • submitting yourself to the personal jurisdiction of Polish courts for the purpose of resolving any disputes or claims arising from your activity on the Website.

 

  1. Assignment

We may transfer, assign, sublicense or pledge this Agreement and the Website, in whole or in part, to any natural or legal person.

 

  1. Communication with the User

The communication between the Company and the User is mainly done by e-mail, Telegram, or by phone. It is the responsibility of the User to be reachable via e-mail or through any other Company-stipulated means of communication. The User has to particularly make sure that e-mails from the Company can actually reach them. This includes safety settings, e.g. spam filters and checking an eventual folder for spam.

 

  1. Contacts details

If you have any questions about these Terms and Conditions or about any of the issues covered in these Terms and Conditions, please contact us via e-mail at hello@futurefund.ch.

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