Please read these binding terms and conditions (the “Terms”) carefully before accepting them.
These Terms shall apply to the acquisition, use and transfer of the Ethermail coins (EMC), as defined herein, issued by EtherMail GmbH ("We", “Us” or the "Company" an entity duly incorporated and existing in accordance with the laws of Liechtenstein, with registered address in Dr.Grass-Strasse 12 9490 Vaduz, Liechtenstein and with tax identification number FL-0002.683.886-3 (the “Programme”).
By acquiring or using EMC, you (the “User” or “You” and together with the Company, the “Parties”) acknowledge that You have read and agree to be bound by these Terms.
Capitalized terms not specifically defined in these Terms shall have the same meaning attributed to them in the EtherMail Terms and Services .
Please read the Annex to the EtherMail Coins Programme Terms of Service for a description of the Conversion Process
1.Introduction
1.1. The purpose of these Terms is to set forth the terms and conditions governing the acquisition, use, benefit and transfer of the EMCs issued by the Company.
1.2. When acquiring and using EMC on behalf of a company, entity, or organization (jointly, the “Subscribing Organization”), You represent and warrant that You: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms; and (ii) agree to these Terms on behalf of such Subscribing Organization.
2.EtherMail Coins
2.1. The EtherMail Coins (the “EMC”) are credits or points issued by the Company and which may be earned by You under certain conditions. Such EMCs provide the User with a series of advantages to be defined by the Company.
In this regard, it is expressly stated that the EMCs:
2.2. By participating in the Programme, the User will obtain a series of advantages such as, among others but not limited to, those described below:
2.3. The terms for the acquisition of EMCs, their use and conversion into EMTs will be determined and defined by the Company as it deems appropriate from time to time. The Company reserves the right to change the EMC acquisition policy without the need to seek any kind of consent or give notice of such change by any individualized means.
2.4. Once your application has been authorized and You have created an Account satisfactory to the Company in accordance with the Ethermail Terms of Service, You may have access to the Programme, in accordance with the features and functionalities available from time to time, all in accordance with the terms and conditions set forth in these Terms.
3.Incorrect or Unlawful Acquisition or Use
3.1. The Company reserves the right to suspend or cancel Your participation in the Programme for any reason, at its sole discretion and without any liability whatsoever towards You. If We discover at any time that any of the requirements or obligations to participate in the Programme, use the EMC or the Platform set forth in these Terms or in any other agreement or policy in place at such time are not being met or that You have provided us with information that is not complete and accurate or that You are incurring in any unlawful use or otherwise breach these Terms, We may immediately suspend and/or completely cancel, partially or totally, your participation in the Programme and the access to the Platform without prior notice and at our own discretion.
3.2. Furthermore, We shall be entitled to suspend or partially or totally cancel, at our discretion, any EMC which is acquired as a consequence of unlawful or fraudulent access to the Platform or the Programme, including but not limited to, through creation of false or instrumental accounts or use of fake identity, use of bots, misrepresentation, as well as by providing the Company with false information or documentation. Any Accounts linked to wallets with no transactions shall be presumed to be false or instrumental.
3.3. Likewise, We shall be entitled to undo or reverse at any time at our discretion, any incorrect or improper acquisition of EMCs in favor of a User as a consequence of errors or bugs in the software code or any other malfunction of the underlying technology, to the extent feasible or practicable. Likewise, the Company may at any time cancel or suspend any such improperly held EMC consequence of such errors, bugs or malfunctions.
3.4. In relation to the above, Users shall have no right to claim the Company for any such reversion or cancellations carried out in accordance with these Terms, and the Company shall have no liability towards the Users or any third parties for any errors or bugs in the technology. In relation thereto, the Company shall have no liability and shall be in no obligation to assign Tokens to a User even in the case that a bug or error in the technology results in a User not being assigned EMCs (or being assigned less EMCs) in circumstances or for achievements which would trigger the right of such User to have received EMCs in accordance with these Terms but which cannot be confirmed or attested by the Company.
4.Participation in the Programme by minors and blocked persons
4.1. The participation in the Programme is not available to persons under the age of [14]. If You are between the ages of 14 and the age of legal majority in your jurisdiction of residence, You may only use the Programme under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
4.2. The participation in the Programme is also not available to any Users previously removed from the Programme or the Platform by the Company or to which the Company has cancelled or suspended the Account for any reason or to any persons barred from receiving them where such person is not entitled to participate under the laws of its jurisdiction.
5.Fees and payment conditions
5.1. The participation in the Programme and use of the EMC will be free of charge. However, We reserve the right to charge fees (the “Fees”) for participating in the Programme or using the EMC (and any associated support), whether currently in existence or not, in our sole discretion. If we decide to charge Fees, our payment terms will apply and We will provide you with prior notice.
5.2. In such a case, to continue participating in the Programme, You will be required to agree to pay Us for any fee-based services you purchase from Us, as well as all other charges incurred under your Account, including applicable taxes and fees.
5.3. You are responsible for all charges incurred under your Account, including purchases made by You or anyone You allow to use your Account or any sub-or linked accounts (including any person with implied, actual, or apparent authority) or anyone who gains access to your Account as a result of your failure to safeguard your authentication credentials.
6.Termination of participation in the Programme
6.1. Your participation in the Programme shall terminate in each of the following scenarios:
6.2. In any of the cases of termination set forth above, all EMC held by You will be canceled, and You will lose ownership of them, as well as any type of right that derives or may derive from them.
7.Limitations of warranties
7.1. In no event We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You caused from or related to the participation in the Programme, the access or use of the Platform or the EMCs or relying on the content of the Programme, except in the case of fraudulent or willful misconduct on the part of the Company. For the avoidance of doubt any damages consequence of any errors or bugs in the software shall give no right to claim to the Users.
In any case, in the event of proven liability on the part of the Company within the exceptions set forth above, the aggregate liability of the Company whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to participate in the Programme and/or the Platform shall not exceed the amount paid by You to Us, if any, for accessing the Programme or using the EMC during the six (6) months immediately preceding the date of the claim or one hundred euros, whichever is greater.
In case the Company improperly denies or cancels a number of Your EMCs, Your exclusive remedy shall be the issuance of the improperly denied or removed EMCs.
To the extent that applicable law prohibits limitation of such liability, the Company shall limit its liability to the full extent allowed by applicable law.
8.Taxes
8.1. We make no representations as to any income, use, excise or other tax liability of any User as a result of their participation in the Programme. Users are advised to check with their accountant or tax adviser for further information.
8.2. You acknowledge and agree that you are solely responsible for any tax liability incurred as a result of your participation in the Programme.
9.Data protection
9.1. Our Privacy Policy, available [here] describes our information practices, including the types of information We receive and collect from You, how We use and share this information, and your rights in relation to the processing of information about You. The Privacy Policy sets out the legal bases for our processing of personal information about You, including, among others, the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information where We have or use facilities, service providers, affiliated companies, or partners, regardless of where you use the EMC.
10.Notices
10.1. All notices, notifications, consents and other communications required or permitted under this Agreement shall be made in writing and English. In particular, all notices, notifications, consents and other communications shall be sent to the following address:
The Company: For the attention of: EtherMail GmbH
Address: Dr.Grass-Strasse 12 9490 Vaduz, Liechtenstein
Email Address: info@ethersuite.io
User: email or physical address then currently associated with your Account. You will be deemed to have received all communications sent to that address even if the address is no longer current.
10.2. The Parties may change the addresses stated in this Agreement or, communicating them to the other Parties, in writing and in the form indicated in the paragraphs above.
11.Miscellaneous
11.1. Assignment: You shall not assign or transfer its rights or obligations under this Agreement, in whole or in part, to any third party without the prior express written consent of the Company. The Company may assign its rights and obligations under this Agreement without the consent of the User.
11.2. Modifications: We may modify, add or remove portions of these Terms and the content on the Platform and the Programme at any time. We will notify You before any changes of these Terms. In particular, the Company reserves the right to update and change the Terms by posting updates and changes to the website or by sending a new version of this Terms to You. You are advised to check these Terms from time to time for any updates or changes that may impact. If You do not agree to the modified Terms, You should discontinue your participation in the Programme. Your continued participation in the Programme, use and access to the EMC following any modification to these Terms shall be deemed an acceptance of all modifications.
11.3. Force Majeure: The Company shall not be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of the Company, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, pandemics, earthquakes, explosions, and other acts of God.
12.Governing law and jurisdiction
12.1. These Terms (including Privacy Policy and Cookies Policy) your participation in the Programme and your access to, and/or use of the Platform and the EMC shall be governed by and construed exclusively in accordance with the laws of Liechtenstein, without giving effect to any choice or conflict of law provision or rule.
12.2. Any and all dispute, controversy, issue or claim arising out of the performance or interpretation of the Terms, or related, directly or indirectly, to the participation in the Programme and the use of the EMC shall be settled by the Courts of the city of Schaan, Liechtenstein.