CURRENT AS OF APRIL 19, 2023
General Terms and Conditions for Access and Use of the MyVolt Platform and Services
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our website. Nothing in this disclaimer will: - limit or exclude the Company`s liability for misinterpretation of the information presented on the website; - limit any of the Company`s liabilities in any way that is not permitted under applicable law; Our Crypto Services carry a high level of knowledge and risk, and can result in losses. The high level of risk means our Crypto Services is not suitable for everyone. If you are in any doubt, you should seek independent advice. By purchasing tokens from an exchange or from any other person you acknowledge that you have fully read, understand, and irrevocably accept and agree to be bound by these Terms and Conditions. You must also monitor the website for any announcements from the company as they may add to, or change, these Terms and Conditions from time to time. Tokens do not represent or confer any ownership right or stake, share, or equivalent rights, or any right to receive Intellectual Property rights in or relating to the project, the Company, or any affiliate of the Company. The tokens are not intended to be or to represent a stock, a loan contract, a commodity, a currency, a share, an instrument creating or acknowledging indebtedness, an instrument giving entitlements to securities, a certificate representing certain securities, an option, a future or a contract for difference in any permitted jurisdictions. By submitting a communication, an application to request information or by getting involved in any legal/contractual manner with the project, you confirm: • that you have read the Disclaimer and all the documents supplied to you in connection with the Services and that you fully agree to them; • that you understand and agree that our relationship may be amended from time to time, in which case you automatically agree to such modifications;
General provisions
The website is privately owned and operated. Throughout the site, the terms “we”, “us”, and “our” refer to the Company MyVolt SRL. The Company offers this website, including all information and tools available from this website to you, the User, conditioned upon your acceptance of all the provisions stated here. By visiting our website and/ or availing a decentralized Service from the project, you engage in the “Service” and agree to be bound by the following Terms and Conditions - “Terms and Conditions”, “Terms”. In case you do not agree with the clauses of the present document, please stop using the Services right away. Any new features or tools which are added to the current line of Services shall also be subject to the Terms and Conditions. You can review the most current version of the document at any time on this page.
1. INTRODUCTION
1.1. Contracting Parties
MyVolt Energy SRL (DBA: MyVolt) an international business company incorporated and registered in Romania, The Registrar of Companies with registration number 49279235/ J32/2376/2023, having its registered office at Sibiu, Romania - as owner, and "The User" - any natural person or legal entity which benefits of any of the project Services at https://www.myvolt.io.
1.2. Representations
Authority and Capacity. The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement. Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
1.3. Definitions
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person - including all parties to this Terms, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority; “Visitor” means any person who visits the website but does not create an Account. “User” means the person or legal entity that creates a User Account, connects with a compatible wallet and makes transactions on the platform; “Registration” or “Register” means the procedure of creating a User Account on the website; “User Account” or “Account” means a private and secure place on the platform, provided based on a prior approval, where Users can deposit their FIAT and cryptocurrency assets, and can also make Purchases. “Service” means any of the services described on our website at any given time, which are made available through the website, third party platform or directly to select collaborators and users, and subject to this agreement; “Swap” means the contract under which the User transacts a cryptocurrency token for another cryptocurrency token on our platform; “Purchase” means the contract under which the User acquires and pays for a service or for any cryptocurrency token on our platform; “Prohibited Jurisdictions” means Cuba; Democratic People`s Republic of Korea - North Korea -; People`s Republic of China, Iran; Pakistan; Syria; Venezuela; Nepal; Afghanistan; Bangladesh; Morocco; Algeria; Egypt; Bolivia and United States of America.
1.4. Website Accuracy
Although we intend to provide accurate and timely information on the website, it may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continuously provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the website are your sole responsibility and we shall have no liability for such decisions. Links to third party materials - including without limitation any websites- may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the website.
1.5. Eligibility
UTo be eligible to use the platform, you must be at least eighteen -18 - years old and legally competent to enter into these Terms. If you are using the Services on behalf of a legal entity, you further represent and warrant that: a. the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and b. you are duly authorized by such legal entity to act on its behalf. You can only use the Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using the Platform, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people or legal entities to access or use the platform, however, and we reserve the right to change our eligibility criteria at any time. You further certify that you are not a citizen or resident of any of the countries in which cryptocurrency and any related services are considered illegal. You hereby declare that you are not impersonating any other person. You will not use the Platform if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms; You are compliant with all Applicable Laws to which you are subject; For the purposes of these Terms, Applicable Laws and regulations shall include the rules of any relevant regulatory authority or exchange and any applicable laws, rules, procedures, guidance, codes, standards and regulations - including, without limitation, accounting rules and anti-money laundering or sanctions legislation - in force from time to time.
2. THE RIGHT TO USE THE SERVICES
2.1. Procedures
In order to avail access to the Services, the User is required to provide a set of information, including, without limitation: complete legal and contact information, payment and billing sources, and digital identification. The User also undertakes that during the validity of the relationship, they will keep the details updated, accurate and true. The account will be validated after a preliminary verification of the contact data. The User is responsible for keeping any security information safe and secure. The User must not disclose these details to any person who is not authorized to access the Services. The Company reserves the right to refuse Services to anyone for any reason, at any time. The User receives a limited, terminable, non-exclusive and non-transferable right of access and use the Services, in accordance with the terms of this Agreement, exclusively for the purposes for which the Services are construed.
2.2. Description of Services
The Company is in the business of providing access to peer-to-peer renewable energy trading services. MyVolt offers superior and reliable energy market conditions for purchasing renewables. It presents a future solution by directly connecting prosumers and consumers in a more democratic, decentralized, and efficient manner. The P2P model enables the purchase of green energy produced by a next-door neighbour with photovoltaic panels installed on their house roof or green energy generated through a small windmill. Excess energy can be purchased using the grid and a smart meter, which tracks the energy produced and the energy received by the neighbour. This approach not only makes communities more eco-friendly but also empowers prosumers and consumers to trade and establish prices democratically.
2.3. User`s obligations
The User accepts the full responsibility for all activities connected its compliance with the terms of this document. It is at all times the User who is a party to this agreement with the Company, and who has all rights and obligations set out in this document. The User accepts that the Company may contact the User, through the registered e-mail addresses and through telephone, and provide general marketing information or other information about the Services.
2.4. Registration and Account Usage
Registration process. To use the Services, the Visitor will need to register for an account - a "User Account" - by providing their name, email address, country, citizenship and a password - or in case of a legal entity, the full company details -, and accepting these Terms and Conditions. By using the Account, the User agrees and represents that they will use the Services only for themselves or on behalf of the legal entity they are representing, and not on behalf of any third party, except for prior approval from us. The User is fully responsible for all activity that occurs under their Account. We may, in our sole discretion, refuse to open a User Account for you, or limit the number of User Accounts that one may hold or suspend or terminate any User Account or the trading of any specific Cryptocurrency. Access to third parties. If the User grants express permission to a third party to access or connect to the Account or Accounts, either through the third party`s product or service or through the website, the User acknowledges that granting permission to a third party to take specific actions on their behalf does not relieve them of any of your responsibilities under this Agreement. The User is fully responsible for all acts or omissions of any third party with access to the Account or Accounts and any action of such third party shall be considered to be an action authorized by the User. Furthermore, the User acknowledges and agrees that they will not hold the Company responsible for, and will indemnify the Company from, any liability arising out of or related to any act or omission of any third party with access to the Account or Accounts. Identity Verification. The User agrees to provide us with all the information legally required for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime. The user may need to complete further verification procedures before they will be permitted to start using the Services, as we will deem necessary, on a case-by-case basis. The limits that apply to their use of the Services may be altered as a result of information collected on an ongoing basis. The information we may request may include personal information such as, but not limited to, name, address, phone number, email, date of birth, taxpayer identification number, government identification number, information regarding your bank account - such as the name of the bank, the account type, routing number, and account number - network status, customer type, customer role, billing type, mobile device identifiers - IMSI and IMEI -and other subscriber status details. During the AML/CFT, AML/KYC procedures, as detailed in the AML/KYC section of the website, the User expressly authorizes us to make any enquiries, directly or through third parties, that we consider necessary to verify their identity or protect them and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. Additionally, we may require the User to wait some amount of time after completion of a transaction before permitting them to use further the Company Services and/or before permitting you to engage in transactions beyond certain volume limits. Verification Procedures. the Company uses multi-level systems and procedures to collect and verify information about the User in order to protect the Company and the community from fraudulent users, and to keep appropriate records of the Company`s customers. The User`s access to the Services and limits including daily or weekly conversion limits, withdrawal and trading limits, instant buy limits, transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity that the User has provided to the Company.
2.5. Prohibited usage
Under all circumstances, the User is strictly prohibited from permitting, assisting or enabling any individual or entity not authorized from accessing or using the Services. In the event that the User`s Personal Information is lost or stolen, or if there are reasons to believe that the Services has been accessed by an unauthorized user, the User is required to immediately contact our Support Service. Notwithstanding any provision to the contrary, nothing in this document shall be construed, interpreted or applied to impose responsibility or liability on us or our affiliates for any and all activities arising from the authorized or unauthorized access of the Services. The following activities are prohibited and will result in immediate Services suspension or cancellation of the Services without the possibility of a refund, but with the possibility for us to impose supplementary fees and/or pursue civil remedies, in case of legal damages: - Fostering or promotion of illegal, abusive, or irresponsible behavior; - Misuse of system resources, such as programs that consume excessive network capacity, CPU cycles, or disk IO, disruption or interference of any data system or network, unauthorized collection or use of e-mail addresses, screen names or other identifiers, use of the Services to distribute software that covertly gathers information about a user or covertly transmits information about the user, monitoring data or traffic on any network or system without the express authorization of the owner of the system or network; - Spam, Unsolicited Bulk Email, Forged Email, Phishing Email, etc; - Transmission, distribution, or storage of any information, data or material that is protected by copyright, trademark, trade secret, or any other intellectual property rights. Any usage that prompts the receipt of abuse complaints pertaining to violation of any international copyright law will be discontinued; - Access to other computers or networks without authorization; - Providing false data on any contract or application: including fraudulent use of credit card numbers; - Any conduct that is likely to result in retaliation against our network or website, including engaging in behavior that results in any server being the target of a DoS attack; - Any attempt to probe, scan, penetrate or test the vulnerability of our systems or networks, or to breach our security or authentication measures, whether by passive or intrusive techniques; - Any other activities viewed as illegal or harmful by any jurisdiction;
2.6. Further representations by the User
You hereby represent and warrant that: -i- You are not a Prohibited Person; -ii- You have legal capacity in the jurisdiction where You are a resident and are able to agree and enter into these Terms and Conditions voluntarily and meet all other eligibility and residency requirements, including: a. You have full power, authority, and capacity to comply with these Terms and Conditions; and b. You enter into these Terms and Conditions based on Your own independent judgment and advice from independent advisers - as applicable -. -iii- You are fully able and legally competent to access and use the Project as well as to enter into and comply with these Terms and Conditions; -iv- You will not violate any Applicable Law or any other agreement to which You are a party by entering into these Terms and Conditions or to comply with these Terms and Conditions, including all conditions, obligations, affirmations, representations, and warranties set forth herein; -v- You will not acquire and will not transfer any Tokens within or engage - except as specifically authorized by the Company- in any activity relating to the sale, distribution, or any other use of Tokens in any Prohibited Jurisdiction or with any Prohibited Person; -vi- You will not transfer directly or indirectly any of your Tokens to any person unless the proposed transferee has made the same representations and warranties as set out herein; -vii- You have all the necessary and relevant experience and knowledge to interact or transact with cryptocurrencies, cryptographic tokens, the Project, and Blockchain-based systems, have a full understanding of the relevant frameworks of the foregoing, and have obtained sufficient information about the Company, the Project and Tokens to enter these Terms and Conditions, and in particular, you have carefully and thoroughly read these Terms and Conditions; -viii- You are aware of all the merits, risks and any restrictions associated with cryptocurrencies, cryptographic tokens, Blockchain-based systems, and accept responsibility for evaluating purchasing or using the foregoing; -ix- if You are purchasing Tokens on behalf of a corporation, Governmental Authority, or other legal entity, you have the right, power, and authority to enter into these Terms and Conditions on behalf of such corporation, Governmental Authority, or other legal entity and bind them to these Terms and Conditions; - x- You are not: A. identified on, or acting on behalf of any Person identified on, any list of Persons subject to trade or economic sanctions, including but not limited to the list of Specially Designated Nationals and Blocked Persons, or the Consolidated Sanctions List, B. established in, resident in, or otherwise operating from countries or territories subject to U.S. economic sanctions, including any Prohibited Jurisdiction, and C. otherwise subject to trade or economic sanctions; -xi- You will not access or use the Project if any Applicable Laws prohibit You from doing so in accordance with these Terms and Conditions; -xii- You are not using and will not use the Project or Tokens for any illegal or unlawful activity, including, but not limited to, money laundering and the financing of terrorism; -xiii- You have not entered or agreed to enter into these Terms and Conditions in reliance of any warranty or representation except those specifically set forth in these Terms and Conditions and You acknowledge and agree that the Company does not make and expressly disclaims all representations and warranties, express, implied, or statutory; -xiv- the funds you use to purchase Tokens are not the proceeds of any criminal, unlawful or illegal activity or money laundering or terrorist financing activity, each as interpreted in the broadest terms; -xv- the Tokens you purchase will not be used to facilitate any criminal, unlawful or illegal activity or to perform any money laundering or terrorist financing activity, each as interpreted in the broadest terms or otherwise in contravention of any Applicable Laws; - xvi - You do not seek to purchase Tokens for any unlawful purpose, and in particular that: a. You purchase the tokens only for the purposes expressly set out and permitted by these Terms and Conditions; b. You purchase the tokens without any expectation of profit, dividend, capital gain, financial yield, or any other return, payment, or income of any kind; c. Your participation in connection with any initiatives, such as bonuses - if these are implemented at the Company`s sole and absolute discretion, is lawful; - xvii- You will implement reasonable and appropriate measures designed to secure access to: A. any device associated with you and/or utilized in connection with your purchase of tokens, B. private keys to your wallet or account, and C. email address, account and your username, password and any other login or identifying credentials; - xviii - You are entering into these Terms and Conditions for your own Account and not as a trustee, nominee, representative, or agent, and not with a view to, or for resale in connection with, the distribution thereof, and you have no present intention of selling, granting any participation in, or otherwise distributing the same; and - xix - You will promptly notify the Company if you discover or otherwise suspect any security breaches or defects related to your account, the project, or the tokens.
3. INTELLECTUAL PROPERTY RIGHTS
The User hereby acknowledges and agree that we own the intellectual property rights for the website, the logo, the platform, the crypto project in its entirety and the underlying Token, for all present and future materials and services, including, but without limitation to, copyrights, patents, trademarks, and trade secrets, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on https://www.myvolt.io/, including menus, web pages, graphics, colors, schemes, tools, the website`s fonts and design, diagrams, layouts, methods, processes, functions and software which are part of https://www.myvolt.io/, and are protected by copyright and by all other intellectual property rights. The User`s possession, access, and use of our services do not transfer to the User, or to any third party, any rights, title, or interest in or to such intellectual property rights. The User must not, without prior written our consent: - Republish material from https://www.myvolt.io/ - Sell, rent or sub-license material from https://www.myvolt.io/ - Reproduce, duplicate or copy material from https://www.myvolt.io/ - Redistribute content from https://www.myvolt.io/
4. SECURITY
Confidentiality. User`s privacy is important to us and we will abide by our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time. Processing of personal data. The use of the platform entail collecting and processing of User`s personal data that is collected through specific cookies. We are the Controller and Processor, in accordance with the international data protection regulations. The User can find all the relevant legal details relating to data Protection in the Privacy Policy section of the website.
5. SPECIAL DISCLAIMER
OUR SERVICES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE PLATFORM`S SERVICES, INCLUDING ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF RISK OR ADVERSE ELEMENTS, OR THAT ANY CONTENT, INCLUDING THE CUSTOMER DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
6. LIMITATION OF LIABILITY.
Limitation of liability. If we are held responsible for paying damages to the User as a consequence of breaches of any of the obligations under this Agreement, such damages may in no event include compensation for indirect loss or damages of any kind which may arise as a result of, or in connection with, such breach. Indirect loss includes, but is not limited to, loss of profit of any kind, losses as a consequence of disrupted operations, loss of data, lost savings. Our liability under this Agreement is therefore limited to direct loss, unless otherwise set out in mandatory applicable law, for example, damages due to gross negligence or intent. If standardized sanctions are agreed, these standardized sanctions shall be the sole and exclusive remedy for the matter and no other claims may be made based on the same situation. Even though we will use appropriate care to ensure secure transmission of information between the User and the Services, the User recognizes that the Internet is an open system and that we cannot warrant that a third party cannot or will not intercept or alter data during the transmission. We take no responsibility for such unauthorized access to, use or alternation or publication or loss of data. Neither are we responsible for lack of availability of the Services when this is directly or indirectly caused by the User or by circumstances for which the User is responsible or the reconstruction of data regardless of cause.
7. FORCE MAJEURE
If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties control, both parties obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, in accordance with section 10 of this Agreement, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement. In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents us from fulfilling the User`s instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. We are in no way responsible for any such or other force majeure circumstance.
8. TRANSFER OF SERVICES
The User is not entitled to transfer all or part of the right to use the Services to another entity. We may fully or partially transfer its rights and obligations under the Agreement to subsidiaries or other companies within the same group, hereunder use these as sub-contractors, provided that this is done in such a manner that it is ensuring compliance with the obligations under all relevant data protection laws from the User`s perspective.
9. COMPLAINTS
The Company shall maintain effective and transparent procedures for the reasonable and prompt handling of complaints received from the User and shall keep a record of each complaint and the measures taken for its resolution or handling. The Parties agree to make every reasonable effort for resolving any disputes between them before commencing any litigation proceedings.
10. GOVERNING LAW
This Agreement is governed by and construed in accordance with all the applicable international laws. Exclusive jurisdiction and venue for any action arising under this Agreement are in the Courts of Justice from the headquarters of MyVolt SRL, and both parties hereby consent to such jurisdiction and venue for this purpose. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses - including reasonable attorneys fees - incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
11. ENTIRE AGREEMENT
These Terms and Conditions, together with the Privacy Policy and the Risk Policies constitute the entire agreement between the parties concerning any level of contractual relationship. No change, consent or waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. Our failure to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
12. DISCLAIMERS AND WAIVERS IMPORTANT NOTICE
The MyVolt tokens are not intended to constitute securities, financial instruments or any other form of capital investment product in any jurisdiction. These Terms and Conditions and any accompanying documents do not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities or any other form of capital investment product or a solicitation for investment in securities or any other form of capital investment product in any jurisdiction. These Terms and Conditions and any accompanying documents do not constitute or form part of any opinion on any advice to sell, or any solicitation of any offer by the seller of the MyVolt to purchase any MyVolt nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. No person is bound to enter into any contract or binding legal commitment in relation to the sale and purchase of the MyVolt tokens and no cryptocurrency or other form of MyVolt is to be accepted on the basis of these Terms and Conditions. In the event of any inconsistencies between these Terms and Conditions and the Whitepaper or any other accompanying documents, the Whitepaper shall prevail. No regulatory authority has examined or approved of any of the information set out in these Terms and Conditions. No such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of these Terms and Conditions and any accompanying documents do not imply that the applicable laws, regulatory requirements or rules have been complied with. There are risks and uncertainties associated with MyVolt and its respective businesses and operations, the MyVolt, the token launch and the Services - each as referred to in these Terms and Conditions and any accompanying documents. These Terms and Conditions and any accompanying documents, any part thereof and any copy thereof must not be taken or transmitted to any country where distribution or dissemination of these Terms and Conditions and any accompanying documents is prohibited or restricted.
12.1 No representations and warranties by MyVolt
MyVolt does not make or purport to make, and hereby disclaims, any representation, warranty or undertaking in any form whatsoever to any entity or person, including any representation, warranty or undertaking in relation to the truth, accuracy and completeness of any of the information set out in these Terms and Conditions and any accompanying documents.
12.2 Cautionary note on forward-looking statements
All statements contained in these Terms and Conditions and any accompanying documents, statements made in press releases or in any place accessible by the public and oral statements that may be made by MyVolt or their respective directors, executive officers or employees acting on behalf of MyVolt -as the case may be-, that are not statements of historical fact, constitute “forward-looking statements”. Some of these statements can be identified by forward-looking terms such as “aim”, “target”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding MyVolt`s financial position, business strategies, plans and prospects and the future prospects of the industry which MyVolt is in are forward-looking statements. These forward-looking statements, including but not limited to statements as to MyVolt`s revenue and profitability, prospects, future plans, other expected industry trends and other matters discussed in these Terms and Conditions and any accompanying documents regarding MyVolt are matters that are not historical facts, but only predictions. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results, performance or achievements of MyVolt to be materially different from any future results, performance or achievements expected, expressed or implied by such forward-looking statements. These factors include, amongst others: -a- changes in political, social, economic and stock or cryptocurrency market conditions, and the regulatory environment in the countries in which MyVolt conducts its businesses and operations; -b- the risk that MyVolt may be unable or execute or implement its business strategies and future plans; -c- changes in interest rates and exchange rates of fiat currencies and cryptocurrencies; -d- changes in the anticipated growth strategies and expected internal growth of MyVolt; -e- changes in the availability and fees of MyVolt in connection with their respective businesses and operations; -f- changes in the availability and salaries of employees who are required by MyVolt to operate its businesses and operations; -g- changes in preferences of customers of MyVolt; -h- changes in competitive conditions under which MyVolt operate, and the ability of MyVolt to compete under such conditions; -i- changes in the future capital needs of MyVolt and the availability of financing and capital to fund such needs; -j- war or acts of international or domestic terrorism; -k- occurrences of catastrophic events, natural disasters and acts of God that affect the businesses and/or operations of MyVolt; -l- other factors beyond the control of MyVolt; and -m- any risk and uncertainties associated with MyVolt and its businesses and operations, the MyVolt project and the token launch. All forward-looking statements made by or attributable to MyVolt or persons acting on behalf of MyVolt are expressly qualified in their entirety by such factors. Given that risks and uncertainties that may cause the actual future results, performance or achievements of MyVolt to be materially different from that expected, expressed or implied by the forward-looking statements in these Terms and Conditions and any accompanying documents, undue reliance must not be placed on these statements. These forward- looking statements are applicable only as of the date of this Whitepaper. Neither MyVolt nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of MyVolt will be as discussed in those forward-looking statements. The actual results, performance or achievements of MyVolt may differ materially from those anticipated in these forward-looking statements. Nothing contained in these Terms and Conditions and any accompanying documents is or may be relied upon as a promise, representation or undertaking as to the future performance or policies of MyVolt. Further, MyVolt disclaims any responsibility to update any of those forward- looking statements or publicly announce any revisions to those forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.
12.3 Market and industry information and no consent of other persons
These Terms and Conditions and any accompanying documents includes market and industry information and forecasts that have been obtained from internal surveys, reports and studies, where appropriate, as well as market research, publicly available information and industry publications. Such surveys, reports, studies, market research, publicly available information and publications generally state that the information that they contain has been obtained from sources believed to be reliable, but there can be no assurance as to the accuracy or completeness of such included information. Save for MyVolt and its respective directors, executive officers and employees, no person has provided his or her consent to the inclusion of his or her name and/or other information attributed or perceived to be attributed to such person in connection therewith in this Whitepaper and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information by such person and such persons shall not be obliged to provide any updates on the same.
12.4 Terms used
To facilitate a better understanding of the MyVolt being offered for purchase by MyVolt, and the businesses and operations of MyVolt, certain technical terms and abbreviations, as well as, in certain instances, their descriptions, have been used in these Terms and Conditions and any accompanying documents. These descriptions and assigned meanings should not be treated as being definitive of their meanings and may not correspond to standard industry meanings or usage. Words importing the singular shall, where applicable, include the plural and vice versa and words importing the masculine gender shall, where applicable, include the feminine and neuter genders and vice versa. References to persons shall include corporations.
12.5 No advice
No information in these Terms and Conditions and any accompanying documents should be considered to be business, legal, financial or tax advice regarding the MyVolt tokens and the MyVolt Token sale. should consult your own legal, financial, tax or other professional adviser regarding MyVolt and its respective businesses and operations. You should be aware that you may be required to bear the financial risk of any purchase of MyVolt tokens for an indefinite period of time.
12.6 No further information or update
No person has been or is authorized to give any information or representation not contained in these Terms and Conditions and any accompanying documents in connection with MyVolt and its respective businesses and operations, the MyVolt as well as the token launch and, if given, such information or representation must not be relied upon as having been authorized by or on behalf of MyVolt. The token launch shall not, under any circumstances, constitute a continuing representation or create any suggestion or implication that there has been no change, or development reasonably likely to involve a material change in the affairs, conditions and prospects of MyVolt or in any statement of fact or information contained in these Terms and Conditions and any accompanying documents since the date hereof.
12.7 Restrictions on distribution and dissemination
The distribution or dissemination of these Terms and Conditions and any accompanying documents or any part thereof may be prohibited or restricted by the laws, regulatory requirements and rules of any jurisdiction. In the case where any restriction applies, you are to inform yourself about, and to observe, any restrictions which are applicable to your possession of these Terms and Conditions and any accompanying documents or such part thereof -as the case may be- at your own expense and without liability to MyVolt. Persons to whom a copy of these Terms and Conditions and any accompanying documents has been distributed or disseminated, provided access to or who otherwise have the Terms and Conditions and any accompanying documents in their possession shall not circulate it to any other persons, reproduce or other-wise distribute these Terms and Conditions and any accompanying documents or any information contained herein for any purpose whatsoever nor permit or cause the same to occur.
12.8 No offer of securities or registration
These Terms and Conditions and any accompanying documents do not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities or any other form of investment product or a solicitation for investment in securities or any other form of investment product in any jurisdiction. No person is bound to enter into any contract or binding legal commitment and no cryptocurrency or other form of payment is to be accepted on the basis of these Terms and Conditions and any accompanying documents. You are not eligible to purchase any MyVolt tokens if you are a citizen, resident -tax or otherwise- of any Prohibited Jurisdiction or any other geographic area in which the purchase of MyVolt is prohibited by applicable law, decree, regulation, treaty, or administrative act.
13. ACKNOWLEDGMENT OF TERMS
The User acknowledges that they: -a- have read this agreement prior to initiation of use of our Services; -b- understand the terms of this agreement; -c- have signed this agreement voluntarily requesting the use of our Products and Services; IN WITNESS WHEREOF, the Parties have executed this Agreement.