EULA

Terms and conditions on which Ardorgate provides its services to end users.

Last updated: 16^th January 2018

Ardorgate MB (Ardorgate), a company incorporated under the laws of the Republic of Lithuania under the company No. 304739372, provides its services on the following terms and conditions.

1. The meaning of some words used in these terms and conditions

2. Entering into a legally binding contract

2.1 Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use and all the policies and guidelines that are incorporated by reference (e. g. Privacy Policy). If you do not agree with the Terms of Use or individual provisions thereof, you cannot use the Site and the Services and must immediately cease using the Site and the Services.

2.2 Jelurida Public License (JPL) is incorporated into these Terms of Use and you will be deemed to have accepted to be bound by JPL version which is in force at the time of your use of the Site and/or the Services. Jelurida Public License may be amended from time to time and is published online at https://www.jelurida.com/jpl. By visiting the Site and using the Services you acknowledge that you have read JPL and agree to be bound by it. JPL may be amended, substituted or revoked at any time and without notice. We will not notify you about changes to JPL and it is your responsibility to peruse the current version of JPL.

2.3 We may make changes from time to time to these Terms of Use and the policies and guidelines that are incorporated into the Terms of Use. We will notify you of such changes by posting the revised version of these Terms of Use and any policies and guidelines on the Site. You can determine when we last changed these Terms of Use by referring to the ‘Last updated’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2.4 AEUR is unregulated virtual currency. Should there be any regulation imposed regarding AEUR and/or virtual currencies or the Services, we may change the Terms of Use or other conditions regarding the use of the Services significantly to meet such regulatory requirements. We may also transfer all our rights and obligations under these Terms of Use to another party (which may be in another jurisdiction) without notice.

2.5 Use of the Services is limited to individuals that are 18 years of age or above and of full capacity to enter into a binding contract under applicable law.

3. Providing the Services

3.1 The Site is an environment for the purchase and redemption (i. e. trading) of AEUR. Once you have acquired AEUR, you may trade them, use them to pay persons that will accept your AEUR, or keep them.

3.2 For avoidance of doubt, AEUR are neither money nor monetary instruments and they are also not stored value or currency.

3.3 We will provide the Services to you in accordance with these Terms of Use and only if you have Mistertango account which you must use to pay for the Services. Also, you may only receive funds from us to your Mistertango account. We will transfer AEUR to your specified wallet used for storage of cryptocurrencies. You must ensure that you provide full and accurate information when using the Services as once the Services are provided (i. e. the tokens of AEUR are transferred to your specified wallet), the actions are irreversible and thus the Services may not be cancelled, refunded or otherwise stopped, annulled or voided.

3.4 There is no contractual right or other right or legal claim against us to redeem or exchange your AEUR for money. We do not guarantee any right of redemption or exchange of AEUR by us for money. There is no guarantee against losses when you buy, trade, sell, or redeem AEUR.

3.5 In order to use the Services, you must pay for the Services in Euros (EUR).

3.6 By using the Services, you agree that your identity will be verified by Mistertango in order for us to provide the Services. Mistertango will collect and process your personal data and we reserve the right to access information regarding your identity and other personal data held by Mistertango and store such data in accordance with our Privacy Policy.

3.7 We reserve the right to suspend the Services should we be required to do so by law. We also reserve the right to cease the Services with a reasonable notice which would be issued on the Site. Should it be not possible to provide a notice, we may cease the Services without notice.

3.8 Our aim is to always provide you with the Services provided we are in possession of enough AEUR or EUR for the transaction requested by you:

3.8.1 the total amount of AEUR in circulation currently is limited to 10,000,000; this may be changed at our discretion;

3.8.2 we strive to provide transparent Services that are enabled by the blockchain technology; we are not and do not purport to be a bank or money institution and the EUR held by us is in no way secured or guaranteed for, and therefore the Services are provided to you and used by you at your own risk;

3.8.3 we reserve the right to refuse the Services to anyone who does not meet the requirements set out in these Terms or Use or by the applicable law or if we do not have sufficient AEUR tokens and/or sufficient funds to provide the Services.

3.9 The Services are provided as soon as practicable and without undue delay after receiving your request and the payment in full for the Services, if we are in funds and/or own enough AEUR at that time, there are no technical issues and you are in compliance with these Terms of Use.

3.10 It is your responsibility to provide full and accurate information when requesting the Services.

3.11 If acquiring, holding and/or disposing of cryptocurrency and/or digital tokens and/or other transactions related to the Services and/or AEUR are unlawful and/or illegal in your country (whether you are a citizen, a resident, a tax resident of that country or accessing the Site from the territory of such country), you shall refrain from using the Services, shall not acquire and/or hold AEUR and we may refuse to provide you the Services. 

4. Price

4.1 The Fee that you will pay to us for the Services is detailed on the Site and may change from time to time.

4.2 Any network fees that apply to any transactions between you and us are paid by you.

4.3 Any network fees that may apply to the tranactions are imposed by third parties and we do not have any control over any of such fees. The network fees are included in the Price. The network fees shall be deducted from the sums (either in EUR or in AEUR) due from us to you. #

4.4 All amounts stated are exclusive of VAT. Should VAT become payable for the Services, VAT will be added at the Commission rate in force at the time.

4.5 You agree that you are solely responsible for paying all taxes that you may owe as a result of the use of the Services and/or AEUR, if any. You shall declare, bear and pay all such taxes, duties, levies, tariffs, surcharges and/or other payments that are or may be imposed upon you by law or other applicable regulations.

5. Rights and obligations

5.1 If you comply with these Terms of Use, we grant you the limited right to use the Site and the Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Use.

5.2 You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

5.3 We reserve the right to restrict your access to the Site or the Services or part of it. Access to the Services is subject to using your valid Mistertango account and subject to these Terms of Use. We may decline to provide the Services at our discretion due to (including but not limited to) technical faults, your failure to adhere to these Terms of Use or if we are obliged by law to refrain from provision of the Services to you.

5.4 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

5.5 You shall not at any moment in any public communication discredit or defame us or talk negatively or derogaratory about us, our Services or our affiliated parties, or blame us for any defaults on your part.

6. Linking to our Site

You may create a link to this Site, provided that:

6.1 the link is fair and legal and is not presented in a way that is:

6.1.1 misleading or could suggest any type of association, approval or endorsement by us that does not exist, or

6.1.2 harmful to our reputation or the reputation of any of our affiliates;

6.2 you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;

6.3 the link will not cause this Site or any content on this Site to be:

6.3.1 embedded in or ‘framed’ by any other website, or

6.3.2 otherwise displayed in a way different to the way originally intended by us.

We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

7. Prohibited activities

7.1 You shall not use the Site and/or the Services for any purpose that is unlawful or prohibited by these Terms of Use and/or the law.

7.2 You hereby represent and warrant that you will not engage in any of the Prohibited Activities. You may not:

7.2.1 use the Site, the Services or AEUR for any illegal activity including but not limited to money laundering and/or financing of terrorism, or to disguise the proceeds of, or to further any breach of applicable laws or regulations, or to deal in any unlawfully or illegally acquired AEUR, other digital tokens, funds, or proceeds;

7.2.2 pay for the Services with illegally acquired funds;

7.2.3 trade in the AEUR which were acquired unlawfully;

7.2.4 sell or buy illicit and/or illegally acquired goods and/or services using AEUR;

7.2.5 use any funds or other value on the Site, or use the Services, with anything other than funds, keys, AEUR, or other digital tokens that have been legally obtained by you and that belong to you;

7.2.6 use the Site or the Services to interfere with our rights or obligations or the rights or obligations of any other user of the Site or any other third party (including but not limited to our licensors) or engage in conduct that is detrimental to us or to any other user of the Site or any other third party (including but not limited to our licensors);

7.2.7 falsify any account registration details provided to us;

7.2.8 reverse-engineer, decompile, or disassemble any software running on the Site; or,

7.2.9 attempt to harm us through your access to the Site or any Services.

Any use as described in this Clause 7.2 and its subparagraphs shall constitute ‘Prohibited Activity’. If we suspect or determine that you have engaged in any Prohibited Activity, we may address such Prohibited Activity through an appropriate sanction in our sole and absolute discretion. Such sanction may include but is not limited to reporting to law enforcement or other authorities and or preventing you from using the Site and/or the Services.

8. Intellectual Property

8.1 The intellectual property rights in the Site, its code and all of the text, pictures, videos and other content made available on it are owned by us and our licensors, including Jelurida Swiss SA and Jelurida IP B. V. You may not print, copy, recreate, reverse engineer, or otherwise make copies or make use of any such content without our express prior permission.

8.2 The software used for the Site and the Services is an integral part of the Ardor blockchain platform and is released under the Jelurida Public License. The rights of use and exploitation of the software and AEUR tokens are governed by these Terms of Use and JPL. The ownership of the intellectual property rights over the software remains with our licensor(s) and it is being protected by copyright laws and international intellectual property treaty provisions regulating this subject matter.

9. Risk

9.1 The Services are provided in compliance with commonly accepted practices and standards in cryptocurrency trading and carry the risks commonly associated with any cryptocurrency trading.

9.2 Due to different regulatory requirements in different jurisdictions, the liquidity of AEUR may differ in different jurisdictions and/or may change over time.

9.3 Due to uncertainties in the regulatory regime of cryptocurrencies, there is a risk that we may be investigated by the regulatory authorities (i. e. central banks or tax authorities) and may be subjected to notices, warnings, requests, decisions or orders from the regulatory authorities from time to time which may impact on the availability and/or continuity of the Services. We will act in good faith and put all reasonable effort to comply with the regulatory requirements in order to continue with the Services. Should we be unable to do so, the Services may be terminated and AEUR may become unsellable or valueless. We shall be in no way liable for any losses associated with discontinuance of the Services.

9.4 Cybersecurity risks pose a risk to the Services and/or AEUR. AEUR may be stolen, lost, destroyed or devalued due to the mal-activities of third persons. The Services may be intercepted and/or compromised by malware and/or by other means.

9.5 Ardor Platform source code and the software used by us to provide the Services may be updated, amended, altered or modified from time to time by the developers of Ardor Platform. It is impossible to foresee or guarantee the precise result of an update, amendment or alteration and thus it may lead to an unexpected or unintended result or outcome that may adversely affect the Services and/or AEUR.

9.6 By using the Services and/or holding AEUR you acknowledge that you have accepted all the risks outlined in these Terms of Use and any and all other risks that may reasonably be associated with cryptocurrencies and/or the Services.

10. Disclaimer of Warranties and Waivers

10.1 We provide the Site, the Services, and AEUR on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

10.1.1 all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and

10.1.2 any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site and/or the Services and/or AEUR.

We assume no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, lawyers’ fees or the costs of any claim or proceedings), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses directly or indirectly arising out of or related to these Terms of Use, the Site, the Services, the real or perceived value of AEUR, or of any other digital tokens, money, or any other property used to purchase AEUR, any failure, delay, malfunction, interruption, or decision by us in operating the Site or providing the Services, any stolen, lost, or unauthorised use of your account information or any breach of security or data breach related to your account information, or any offer, representation, suggestion, statement, or claim made about us, the Site, or the Services by our licensors, related third parties, affiliates and/or our employees.

10.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited.

10.3 The software used for the Services is provided under JPL which expressly limits the copyright holder’s (i. e. our licensors’) liability and we do not assume any liability in relation to the software or the Ardor Platform and their performance and/or the Services and/or AEUR:

THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE COVERED WORK "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED WORK IS WITH YOU. SHOULD THE COVERED WORK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE COVERED WORK AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE COVERED WORK (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE COVERED WORK TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU INDEMNIFY THE COPYRIGHT HOLDER OR CONVEYOR OF THE COVERED WORK OF ANY LIABILITY VIS-À-VIS ANY THIRD PARTY IN CONNECTION WITH THE COVERED WORK AS USED, COPIED, PROPAGATED OR MODIFIED BY YOU.

10.4 You hereby wave your right to participate in a class action or regular lawsuit or a class-wide or regular arbitration against our licensors including but not limited to Jelurida Swiss SA and Jelurida IP B. V.

10.5 We hereby agree that any party to these Terms of Use may bring claims against the other only on an individual basis and not as a claimant or class member in any purported class or representative action or proceedings.

11. Situations or events outside our reasonable control

11.1 We are not responsible for damages caused by delay or failure to perform undertakings under these Terms of Use when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, we are excused from any and all performance obligations.

12. Privacy

12.1 We may collect and use information about you in accordance with our Privacy Policy. You can view a copy of this policy on the Site.

13. Communicating with us

13.1 You can contact us in writing by sending communications by email to info@ardorgate.eu.

14. No Cancellation Policy

14.1 Once we and you enter into a binding contract you will not be able to cancel the contract. There will be no refunds in regard to the Services and/or AEUR purchase and use for any reason, including but not limited to loss of your AEUR due to technical reasons, errors, malfunction of the cryptocurrency wallet, transaction failures, lack of satisfaction, etc. All AEUR are provided ‘as is’ without any guarantee. The Services are provided using the third party Ardor Platform which is provided ‘as is’ without any guarantee and we exclude any and all our and/or any third party’s liability for any faults, bugs, malfunctioning or other deficiencies of the Services and associated direct and indirect losses.

14.2 By filling in the form to use the Services you confirm that you have read and understood our no refund policy and you acknowledge that all requests for Services and/or acquisition of AEUR are final and non-refundable and we are not required to provide a refund for any reason whatsoever, you will not receive money or other compensation in lieu of a refund. 

15. Termination

15.1 These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

16. Law and jurisdiction

16.1 This contract shall be governed and construed by the law of the Republic of Lithuania and you and we agree to submit to the jurisdiction of the courts of Lithuania.

17. Miscellaneous

17.1 If any provision of these Terms of Use, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Use continues in full force and effect.

17.2 Any failure by us to exercise any of our rights, powers, or remedies under these Terms of Use or any delay by us in doing so does not constitute a waiver of any such right, power, or remedy. Only partial exercise of any right, power, or remedy by us does not prevent us from exercising any other rights, powers, or remedies.

17.3 These Terms of Use and any of the rights, duties, and obligations contained herein are not assignable by you without our prior written consent. These Terms of Use and any of the rights, duties, and obligations contained herein are freely assignable by us without notice or your consent.