Mission Advantages Token ICO Contact

TERMS OF USE

Last revised: October 2022 


Please read these Terms of Use (this “Agreement” or “Terms of Use”) carefully. Your use or access of the Platform or the Services (as defined below) constitutes your consent to this Agreement. 

This Agreement is between you (the “User” and collectively the “Users”) and Decarbonice OÜ, a legal entity organized under the laws of Republic Estonia (“Decarbonice” or “we,” “our” or “us” and together with you, the “Parties”) concerning your use of (including any access to) the Platform (together with any materials and services available therein, and successor website(s) or application(s) thereto, the “Platform”). This Agreement hereby incorporates by this reference any additional Terms of Use with respect to the Platform made available to you. 

By clicking or tapping any button or box marked “accept” or “agree” (or a similar term) in connection with this Agreement, or by accessing or using the Platform or the Services (as defined below), you agree to be bound by this Agreement, a current version of which is available on the Site and/or App and/or the Platform, and which may be modified from time to time at our sole discretion in accordance with this Agreement. The English version of this Agreement prevails on any version of this Agreement in Chineses, Estonian or other languages.

Definitions

Platform (or “Decarbonice”) - user-interface that guides User access to a global first zero-impact blockchain energy ecosystem powered by a disruptive model that removes the entry barriers for households and businesses towards their energy independence and becomes a catalyst of the global paradigm shift towards a sustainable energy future underpinned by its own deflationary utility token empowering its holders with various community incentives. 

Site - https://decarbonice.io 

User account - a part of the Platform designated to a specific User to use the Services. 

Virtual currency - Ethereum or ETH, Bitcoin or BTC, PNE token. We may, from time to time and in our sole discretion, add and remove certain Virtual currencies. If a Virtual currency is removed, it will no longer be available to be used via our Platform. 

and other terms and definitions mentioned below in this Agreement.

  1. Services provided by the Platform

    1. Only registered Users, who have accepted these Terms of Use are deemed toenter into an Agreement with Decarbonice. Only such registered Users areentitled to use the Services offered by the Platform.
    2. Upon registration User is granted access to his/her User account. Information collected upon registration is processed in accordance with the Privacy policy and other data related policies posted on the Site and/or App and/or the Platform. It is your responsibility to read these policies. By agreeing to be bound by this Agreement, acknowledge and agree that you have read, understand and agreed with these policies. 
    3. The Platform allows a User to access and benefit from the Decarbonice platform consisting of a crypto- and blockchain-related discussion forum underpinned by a utility token supported by a stablecoin reserve in BUSD and used for subscriptions and as an incentive mechanism. 
    4. A smart-contract launched as a result of using the Services, in particular, allows Users to: 
      1. get access to Decarbonice platform and use all its services, featuresand benefits;
      2. receiving part of the transaction fees within the ecosystem dependingon the amount of deposited PNE tokens;
      3. receiving transaction fee within the ecosystem depending on theamount of energy produced; and others.

      (here and hereinafter - the Services). 

    5. Terms and definitions mentioned on the Site and/or App and/or the Platform should be interpreted in accordance with this Agreement. In case of contradiction, this Agreement prevails. 

  2. Registration On The Platform And Creating Of The User’s account

    1. In order to register with the Platform and to enter into the Agreement, the User must be eligible, and the User shall confirm that he/she will remain eligible throughout the use of the Platform, according to the following criteria:
      1. A User is a physical person (individual, not legal entity) in their respective domicile. To apply for corporate User account please contact us via email mentioned below;
      2. No insolvency procedures of the User have been initiated to the best ofUser’s knowledge;
      3. Pursuant to a judgment that has taken effect, the User does not have limited legal capacity due to disorders of mental nature;
      4. The User acknowledges that at the conclusion of the Agreement,he/she is fully legally capacitated and is not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances.
    2. The User shall register on the Platform by filling in a registration form. After theUser has been registered, a User account is automatically created on thePlatform. At registration the User has to state an email address and choose a password.
    3. During the registration Users are required to state correct and complete information about themselves. This data is stored in their User account which is not accessible by other Users. Users inform Decarbonice immediately about any changes of the stated data.
    4. If the User loses access to the email inbox, we may not guarantee password recovery procedure in order to regain access to the User account.
    5. The User account is private, and only the owner of the User account (the User)is authorized to enter into and use it.
    6. The User is allowed to create no more than one User account on the Platform.You shall not permit the use or access of the Platform through your User account by any third-party. You are liable for all activities conducted through your User account, whether or not authorized by you through the User account. Using multiple User accounts for any malicious activity will result in immediate termination of all involved User accounts.
    7. Decarbonice has a right to reject any person on registering on the Platform with no explanations provided. Decarbonice may from time to time temporarily reject customers from some countries/territories.
    8. Users are required to keep all their passwords involved in using the Platform secret and to change the passwords immediately if there is a certain likelihood that third parties might have access to the password.
    9. The User may terminate the use of the Platform, the Service and User account at any time. 
    10. We reserve the right to terminate any User account without prior notice. 

  3. Specifics of the Services

    1. You are solely responsible for the activities under your User account and for securing your User account (passwords, access verification details, hints, or any other codes that you use to access your User account or Services). We are not responsible for any loss or compromise of your access information and/or your personal information, or for any loss that you may sustain due to compromise of your access information and/or personal information. 
    2. You specifically acknowledge and confirm that as a result of using the Services you launch a smart-contract that without further notice to you may transfer, use and/or alienate any amount of Virtual currencies at your User account. You acknowledge that with respect to Virtual currencies pursuant to this paragraph: 
      1. You may not be able to exercise certain rights of ownership; 
      2. Decarbonice may receive compensation/income in connection with using/transferring/alienating Virtual currencies including bounty rewards in its business to which you have no claim or entitlement. 
    3. Decarbonice and third-party providers may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the delay or immediate halt of provision of Services either temporarily or permanently. Provided that Decarbonice has taken reasonable commercial and operational measures to prevent such events in technical systems controlled by Decarbonice, Decarbonice is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions/delay of transactions. 
    4. No transaction with Virtual currency will be deemed settled and completed until the blockchain transaction is deemed confirmed to the relevant address.
    5. Legislative and regulatory changes or actions at state and/or government authorities level may adversely affect the use, transfer, exchange, and value of Virtual currencies. Transactions in Virtual currencies may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Virtual currencies markets are extremely volatile. Any User account maintained by Decarbonice may not be sufficient to cover all losses incurred by the Users. In light of these risks, which are only some of the risks involved in using the Services and holding or using Virtual currencies, and do not constitute an exhaustive list of such risks, you should carefully consider whether holding or using Virtual currencies in general and/or using our Services is suitable for you. 
    6. The Services may include links or references to other websites or services (the “Third Party Websites”) solely as a convenience to Users. Decarbonice does not endorse any such Third Party Websites or the information, materials, products, or services contained on or accessible through Third Party Websites. In addition, User’s correspondence or business dealings with or participation in promotions of advertisers found on or through the Platform or any of the other Decarbonice Services are solely between the User and such advertiser. Access and use of Third Party Websites, including the information, materials, products, and services on or available through Third Party Websites are solely at User’s own risk. 

  4. Representations and warranties of the User

    1. 4.1. You represent, warrant and agree that you will not: 
      1. Infringe or violate the intellectual property rights or any other rights of anyone else (including ours); 
      2. Violate any law or regulation, including, without limitation, any applicable export control and currency control laws; 
      3. Decipher, decompile, disassemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Platform, in whole or in part; 
      4. Use any of the Services for the benefit of anyone other than User, including selling, reselling, distributing, hosting, leasing, renting,licensing or sublicensing, in whole or in part, any of the Services, for hosting or time-sharing services, or as part of a service bureau or outsourcing offering;
      5. Provide any services to any third party using the Platform;
      6. Prepare any derivative work or render any derivative services of any of the Services or any other software program based upon any of theServices;
      7. Reproduce, modify, adapt, translate or otherwise make any changes to any part of the Platform;
      8. Copy, disclose, or distribute any data available on or through thePlatform, in any medium, including without limitation, by any automatedor non-automated “screen scraping,” “database scraping”, parcing or any other activity with the purpose of obtaining content or other information;
      9. Interfere with, circumvent or disable any security or other technological features or measures of the Platform or attempt to gain unauthorized access to the Platform or its related systems or networks;
      10. Make unsolicited offers, advertisements or proposals or send junk mail or spam to other Users (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures, etc.);
      11. Use bots or other automated methods to access the Platform, send or redirect messages or perform any other activities on the Platform;
      12. Use the Platform for any unlawful or inappropriate activities, including but not limited to gambling, obscenity, pornography, violence,transmission of deceptive messages, harassment, etc.;
      13. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform or place pop-up windows over the Platform;
      14. Take any action that imposes or may impose, at our sole determination,an unreasonable or disproportionately large load on the Platform’s infrastructure;
      15. Deep-link to any part of the Platform without our prior written consent; 4.1.16. Share or disclose information of other Users without their express written consent;
      16. Post or send to us or to any third party in relation to functioning of thePlatform content that:
        • violates or infringes someone else’s rights of publicity, privacy,copyright, trademark, or other intellectual property right;
        • is unlawful, threatening, abusive, harassing, defamatory, libelous,deceptive, fraudulent, invasive of another’s privacy, tortious,
        • obscene, vulgar, pornographic, offensive, profane, contains or
        • depicts nudity, contains or depicts sexual activity, or is otherwise
        • inappropriate as determined by our sole discretion;
        • is false, misleading, untruthful or inaccurate as determined by our sole discretion;
        • includes identification documents or sensitive financial information not belonging directly to the User;
    2. A violation of any of the foregoing is grounds for termination of your right to use or access the Platform.

  5. Responsibilities of the User and Assumption of Risks

    1. We have no control over any blockchain and therefore cannot and does not ensure that any transaction details you perform via our Platform will be confirmed on the relevant blockchain. We do not have the ability to facilitate any cancellation or modification requests. In addition, certain dapps may involve complex financial transactions that entail a high degree of risk. Once transaction details have been submitted to a blockchain, we cannot assist you to cancel or otherwise modify your transaction or transaction details. 
    2. By entering into this Agreement you confirm that you know, understand and accept the risks associated with use of the Platform and the Services. You further assume and agree that we will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Decarbonice and its affiliates, their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth in this Agreement.
    3. You take responsibility for all activities that occur under your User account and accept all risks of any authorized or unauthorized access to your User account, to the maximum extent permitted by law. 
    4. You acknowledge and accept that the loss or destruction of a hardware device you have used our Platform on may compromise the security of your digital wallet and Virtual currency located therein and may result in loss of your Virtual currency. 
    5. The transactions you perform via the Platform may not be completed, or may be substantially delayed, by the relevant blockchain used to process the transaction. 
    6. Decarbonice does not assume responsibility for any risks associated with blockchain technology, including, but not limited to, design or implementation flaws that affect the operation of any blockchain. Furthermore, Decarbonice does not assume responsibility for any issues relating to the continuing viability of a blockchain. 
    7. Decarbonice makes no guarantee as to any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of Virtual currency. You acknowledge and accept that the protocols governing the operation a blockchain may be subject to sudden changes in operating rules which may materially alter their functioning and affect the value and function of Virtual currency. 
    8. Decarbonice does not assume responsibility for fundamental advancements in cryptography which could render inoperative the current cryptography algorithms utilized by a blockchain supporting a specific Virtual currency. 
    9. Decarbonice makes no guarantee as to the security of any blockchain. Decarbonice is not liable for any hacks, double spending, stolen Virtual currency, or any other attacks on a blockchain, including, but not limited to, majority attacks in which an attacker or other party with sufficient computing power is able to control and manipulate the records of a blockchain. 
    10. Decarbonice is not liable for any hacks or malicious attempts or phishing scams to obtain access to your User Account via your web browser or hardware devices. You alone are responsible for ensuring that you do not provide your security information to any other person and or entity. 
    11. Decarbonice is not responsible for any illegal activity or use of the Virtual currency contained in your digital wallet or for any illegal transfers requested or authorized by you. 
    12. Decarbonice has sole and complete control over and reserves the full right at any time to make any changes to the configuration, appearance, content and functionality of the Platform and the Services. Decarbonice reserves the rightat any time, in its sole discretion, without any liability, for any or no reason without prior notice:
      1. Impose limitations on access to the Platform or use of the Services; 5.12.2. Discontinue displaying or transmitting any information and/or content; 
      2. Temporarily suspend or to temporarily or permanently restrict access to the Platform or the Services or any particular portion thereof; 
      3. Suspend or cease operation of the Platform or the Services. 
    13. The User agrees that any suspension or termination of his/her access to the Platform, the Services or User account may be done by us without any prior notice. The User agrees that we will not be liable to him/her or any third party for any such termination/suspension. Decarbonice reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Decarbonice to disclose the identity of any User. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Decarbonice may have at law or in equity. By accepting these Terms of Use, the User waives and shall hold Decarbonice harmless from any claims resulting from any action taken by Decarbonice during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Decarbonice or law enforcement authorities.

  6. Warranty Disclaimer

    Neither Decarbonice nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform. We (and our licensors and suppliers) make no representations or warranties regarding Virtual currencies offered or purchased through the Platform. Services are provided “AS IS” and without any warranty of any kind from Decarbonice or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party). THE PLATFORM AND THE SERVICES ARE PROVIDED BY Decarbonice (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT USE OF THE PLATFORM/SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  7. Limitation of Liability

    1. Decarbonice shall not be liable for any action taken or omitted by it except to the extent that a state court of competent jurisdiction determines in a final and non-appealable judgment that Decarbonice’s gross negligence or willful misconduct was the direct cause of any loss to you, and subject to the limitations set forth below. 
    2. NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Decarbonice (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, AND (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Decarbonice IN CONNECTION WITH THE SERVICES IN THE ONE (1) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR
    3. LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 
    4. Notwithstanding anything to the contrary in this Agreement, Decarbonice (or its licensors or suppliers) shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to:
      1. losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond Decarbonice’s control, including without limitation: the failure of a blockchain or dapp; Hard fork; acts of God; interruption, loss or malfunction of infrastructure, transportation, computer or communications capabilities; or non-performance or improper performance by a third party; 
      2. volatility of Virtual currency markets and fluctuations of exchange-rates. 

  8. Indemnification

    To the fullest extent allowed by applicable law, you agree to indemnify and hold Decarbonice, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services and the Platform, and (b) your violation of this Agreement. In the event of such a claim, suit, or action (the “Claim”), we will attempt to provide notice of the Claim to any contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

  9. Termination

    1. Decarbonice is entitled to restrict the User’s right to use the Platform and/or terminate the present Agreement and delete the User’s Account without a warning, if:
      1. the User breaches the present Terms of Use or otherwise illicitly uses the Platform; 
      2. the User has provided false or misleading information or counterfeit documents; 
      3. if Decarbonice suspects money laundering, terrorism financing, or an attempt to do so, with the involvement of the User or the User’s Account. 
    2. Decarbonice has the right to unilaterally terminate the Agreement at any timeduring the validity period of the Agreement without any prior notice.

  10. Dispute resolution and applicable law

    1. Initial Dispute Resolution. Please read the following section carefully because it requires you to arbitrate certain Disputes with Decarbonice and limits the manner in which you can seek relief from us. 
    2. Jurisdiction. You and Decarbonice agree to the personal jurisdiction by and venue in courts in England. Any claim that you might have against Decarbonice must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by Decarbonice, Decarbonice shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which Decarbonice may be entitled.
    3. No Class Arbitrations, Class Actions or Representative Actions. You and Decarbonice agree that any Dispute is personal to you and Decarbonice and that any such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Decarbonice agree that a Dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. 
    4. Applicable law. This contract will be governed by and construed in accordance with the laws of Estonia. 

  11. Modification of the Agreement and Transfer

    This Agreement may be discretionarily modified or replaced by us at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site and the App and the Platform. Any changes or modifications will be effective immediately upon posting the revisions to the Site and the App. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Site and the App, the Platform or the Services by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Services, you must stop using the Services and/or the Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform and(or) the Services (including access to the Site and/or App and/or Platform via any third-party links). Neither party may assign or transfer any rights or obligations under this Agreement, however provided that Decarbonice may assign this Agreement without your prior consent to any of Decarbonice’s affiliates, or to its successors in interest of any activity carried out by Decarbonice.

  12. Entire Agreement

    This Agreement (and any additional terms, rules and conditions that may be posted on the Site and/or App and/or Platform) constitute the entire agreement with respect to using the Services and the Platform and supersedes any prior agreements, oral or written. In the event of a conflict between this Agreement and the additional terms, rules and conditions of participation, the latter will prevail over the Agreement to the extent of the conflict.

  13. Waiver and Severability of the Agreement

    The failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator to be invalid, the Parties nevertheless agree that the arbitrator should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

  14. Section Titles

    The section titles in the Agreement are for convenience only and have no legal or contractual effect.

  15. Communications

    Users with questions, complaints or claims with respect to the Services may contact us at info@decarbonice.io.