For users participating in the Moneda Pre-Sale, ICO, or acquiring MND tokens otherwise.
Please read these terms of sale carefully. Note that this is a binding arbitration clause and class action waiver, which, if applicable to you, affects your legal rights.
If you do not agree to these terms of sale, do not purchase or hold MND tokens.
Each of you and company is also referred to as a “party,” and together the “parties.” By purchasing MND tokens from us during the Pre-Sale or ICO, you will be bound by these terms and any other terms incorporated by reference.
We reserve the right to change, modify, add or remove parts of these terms at any time and for any reason without your consent. Note that these terms only govern the sale and purchase of MND tokens in duration of the token sale and do not govern the use of the Moneda platform, applications or services.
Moneda expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from errors or other information included in this document.
Neither these terms, nor any other document, produced by Moneda, does not constitute an offer, solicitation or advice to sell or invest in shares or securities, nor should the purchase of MND tokens be seen as an investment into securities but rather a payment for access to the Moneda platform, application, and services, provided by Moneda.
None of the information or analyses presented by Moneda is intended to form the basis for any investment decision, and these terms or any other document does not provide for any specific recommendation. Moneda platform, application, services, and website are not intended as do not offer, and shall not be construed as investment or financial products or advice, but as software as a service platform.
MND tokens are sold to the users in exchange for certain other cryptographic tokens, whereby Moneda does not, currently provide for an exchange of Moneda cryptographic tokens for fiat currency. Neither does Moneda provide custodial or wallet services for the MND tokens.
Moneda shall not be responsible for fraudulent, deceptive or otherwise malicious use of any tools whatsoever by persons or entities based, domiciled, located or incorporated in the restricted areas to use the website or the MND tokens under the semblance of provenance from any other jurisdiction outside the restricted areas.
1. Purpose and use of MND.
1.1. Moneda shall, to the best of our ability, develop and deploy a platform to provide users with the software service that combines a machine learning and investing in cryptocurrency.
1.2. The Moneda platform utilizes the MND token, which is a protocol token based on the ethereum blockchain (ERC20 and ERC223), intended for specific use within the Moneda platform.
1.3. Possession of MND tokens in any capacity carries no rights other than the token utilities. You understand and accept that MND token does not represent any rights of ownership, intellectual property, security, or any other form of participation in relation to Moneda. MND tokens are not intended to be a digital currency, security, commodity or any other kind of financial instrument. MND tokens are designed to be traded on cryptocurrency exchanges. Moneda gives no guarantee that the MND tokens will be exchangeable on any such exchanges at any time.
1.4. You understand and accept that the Moneda platform is currently in a development & still requires work.
2. Token sale.
2.1. The guidelines for the token sale are laid out Additional procedural instructions may be published on the Moneda website. Failure to follow the published instructions for contributions on the website may limit or prevent you from participating in the sale. By purchasing MND, you accept that your transfer of digital assets shall be processed by a smart contract system based on Ethereum, and you shall receive MND tokens at a future date.
3. Risks involved.
3.1. You understand and agree that digital assets, blockchain, machine learning and similar technologies are new and relatively untested and outside of our control. Any adverse changes in market forces or the technology impacting MND tokens is not at the fault of Moneda in any way.
3.2. You also acknowledge that you have been warned of the risks of MND and of other cryptocurrencies, and that we dismiss any risk involved with the investment in MND tokens.
4. Eligibility and KYC policy.
4.1. Moneda platform and MND tokens are not offered for use to persons having their habitual or incorporation residence in restricted areas.
4.2. Natural and legal persons with their habitual or incorporation residence in the restricted areas shall not use the Moneda platform or MND tokens.
4.3. Moneda shall not be held liable for any legal or monetary consequence from use of MND tokens by natural or legal persons with their habitual or incorporation residence located in the restricted areas.
4.4. The MND ICO is not KYC (Know Your Customer), however the Moneda platform is. You must verify your identity before participating on this platform, and this will not be allowed to any persons in restricted areas.
5. Financial regulation.
5.1. Moneda closely follows changes to legislation and acts accordingly if regulatory changes impact operations of MND tokens and the Moneda platform.
6.1. You will implement reasonable and appropriate measures designed to secure access to any device associated with the email address associated with your account with the Moneda platform, private keys required to access any ERC address, and your login credentials for the Moneda platform.
6.2. If you suspect that your security has been compromised, you will let the Moneda team know so that we can take the proper measures in securing your information.
7.1. Moneda may collect only what they require for the operation of the Moneda platform or its services and will not share your personal information with any third parties. Even within Moneda, access to your personal information is limited to a subset of employees.
7.2. Moneda reserves its right to request documentation described in the previous paragraph before activating your account on the Moneda platform. Moneda reserves the right to refuse you access to the Moneda platform and MND tokens should it have doubts to the authenticity of the documents provided by you.
7.3. Moneda collects information from running the website and uses information, provided by you. When you visit the website or use Moneda’s platform, we collect information sent to us by your computer, mobile phone, or another 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 and the pages you accessed on our website. We may collect geographical location data or use various means to determine the location and data on nearby cell towers and wi-fi access spots. However, we will not release your personally-identifiable information to any third party without your consent.
7.4. If you create an account on our website or the Moneda platform, we may collect and store the following types of information: your name, address, phone, email and other similar information. We may require you to verify your identity or address. We may also obtain information about you from third parties such as identity verification services.
7.5. We securely protect your information using technical security measures to reduce the risks of handling your information.
8.1. All your factual and potential tax obligations are your concern and responsibility, and Moneda is not required to complete any actions for you.
8.2. Shall certain taxes be applicable to any payments to Moneda, they shall be added on top of the previous payable amount. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant tax authority.
9. Intellectual property
9.1. We retain all right, title and interest in all Moneda intellectual property, including any text or image on our website, white paper, or Moneda platform and the information and data involved with the project. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
9.2. These terms shall not be understood and interpreted in a way that they would mean the assignment of intellectual property rights unless it is explicitly defined so in these terms.