Updated: September 4, 2019
GENERAL
Welcome to ez365.io, owned and operated by EZ365, a company registered in Malta (The “Company”). By accessing and using the ez365.io (“we,” “us” or “our”) website (“Site”), you agree to the following terms and conditions that may be modified, changed, supplemented or updated periodically (collectively, these “terms”), as well as all applicable laws and regulations. The Terms of Use Agreement (“Agreement”) affects your legal rights, as a result, we suggest you read it carefully. If you do not agree to all of the stipulated terms and conditions, you may not use this Website, purchase EZ365 tokens, nor use any information, links or content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to comply with each of the terms and conditions established below, including our Privacy Policy and EZ365 Token Generation Event (TGE) Risk Factors, which are incorporated in these terms and conditions by reference. If you are using our Website on behalf of an organization, that organization accepts these terms and conditions.
These terms may be modified, changed, supplemented or updated by the Company in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. Your continued use of this Website will confirm your acceptance of these terms and conditions as modified, changed, supplemented or updated by us. If you do not agree to such revised terms, you must stop immediate use of this Website and any information, links or content contained on this Website.
This Agreement governs your access and use of the Site and your purchase of EZ365 Tokens. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us concerning any products, services, or otherwise. You represent and warrant that you are participating in the EZ365 Token sale in your individual capacity as the prospective beneficial owner of the EZ365 Tokens and not as a representative or agent of a third-party, or a third-party entity (i.e. non-natural person) and you acknowledge and agree that EZ365 reserves the right to prohibit persons and third-party entities from participating in the EZ365 Token sale if they are domiciled in a jurisdiction (domestic or foreign) which prohibits and restricts such participation, including but not limited to, any sanctions program administered by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN), or Financial Analysis & Transactions Centre (FINTRAC)
USE OF WEBSITE
The purpose of our Website is to provide you with you some general information about the software being developed by the Company.
WEBSITE DISCLAIMER
The site is not intended for use by anyone under the age of eighteen (18). EZ365 Tokens may not be purchased through the Site by anyone under the age of eighteen (18). By using the Site and/or purchasing EZ365 Tokens through this Site, you represent and warrant that you (a) are at least eighteen (18) years of age or older, (b) purchasing the EZ365 Tokens in your individual capacity as the beneficial owner thereof and not as a representative or agent of a third-party or a third-party entity (i.e., non-natural person), (c) have not been previously suspended or removed from the Site, or engaged in any activity that may result in suspension or removal from the Site, (d) have not previously registered on the Site and/or been informed that your application to purchase EZ365 Tokens was not approved, (e) do not have more than one Account, and (f) have full power and authority to enter into this Agreement and consequently will not violate any other agreement to which you are a party. You acknowledge and agree that the Company reserves the right to prohibit persons and third-party entities from participating in the EZ365 Token sale if they are domiciled in a jurisdiction (domestic or foreign) which prohibits or restricts such participation, including but not limited to, any sanctions program administered by the United States and/or Canada. Pursuant to that right, the Company hereby gives you notice and you acknowledge and agree that the EZ365 Tokens have not been qualified for distribution by prospectus in the United States or Canada and may not be offered or sold in the United States or Canada during the course of their distribution except pursuant to a prospectus exemption, and accordingly by purchasing the EZ365 Tokens you are deemed to represent and warrant that (a) if you are located in Canada or the United States, you are purchasing pursuant to a prospectus exemption or (b) if you are located outside Canada or the United States, you are purchasing not for the purpose of making an immediate resale to a person you actually know to be located in Canada or the United States and, for a period of 90 days after the date of their purchase by you, you will not resell the EZ365 Tokens to a person you actually know to be located in Canada or the United States nor through the facilities of an exchange or market in Canada nor the United States.
The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation, or which would subject the company and/or entity creating the EZ365 tokens (including their affiliates) or any of their products or services to any registration, licensing or other authorization requirement within such jurisdiction or country. The sale of EZ365 tokens through EZ365 constitutes the sale of a legal software product under Malta law. This product sale is conducted by the company, a Malta-based limited company, operating under the laws of Malta for the IEO. It is the responsibility of each potential purchaser of EZ365 tokens to determine if the purchaser can legally purchase EZ365 tokens in the purchaser’s jurisdiction and whether the purchaser can then resell the EZ365 Tokens to another purchaser in any given jurisdiction. Creator of EZ365 tokens shall reserve the right to refuse selling EZ365 tokens to anyone that does not meet criteria necessary for their buying, as established hereunder and by the applicable law. In particular, the creator of EZ365 tokens may refuse selling EZ365 tokens to those users who do not meet eligibility criteria established by the creator of EZ365 tokens from to time in its sole discretion. This website and corresponding materials provide a general educational overview of the business implications of the crypto exchange industry in the United States, and do not constitute legal advice. To be fully informed of the laws applicable to crypto exchanges in your area, please consult local legal counsel. You should not use this website, the corresponding materials, and/or EZ365 tokens to engage in and/or aid and abet illegal activities under U.S. federal law.
CREDIT CARD PAYMENT TERMS, PASSWORDS, AND ACCOUNTS
All credit card charges are final and non-refundable. You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer and /or any other electronic devices (e.g., mobile/smart phones, digital wallets, etc.) that may be used or accessed with such account(s). EZ Exchange is not under any obligation to verify the actual identity or authority of any user of a password and login name. EZ Exchange may rely on the authority of anyone accessing your account or using your password and will not be liable, either directly or indirectly, for any damages and expenses relating to any unauthorized use of such account or password. You agree that you are solely responsible for any and all activities that occur on your account.
You agree to immediately notify EZ Exchange in writing in the event that the confidentiality of your account or password is compromised. EZ Exchange has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard. EZ Exchange has the sole and independent discretion to cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.
DEFINITIONS
For purposes of this Agreement, “EZ365 Tokens” refers to a general purpose cryptocurrency, implemented on the public Ethereum blockchain (the “Ethereum Platform”) as an ERC-20 token, and intended for use in everyday digital services. EZ365 Tokens are intended to be used for all transactions within the EZ Exchange Transaction Platform comprised of digital services that participate in the right and opportunity to innovate and compete for compensation in the form of EZ365 Tokens.
ANTI-MONEY LAUNDERING (AML) REGULATIONS
If, at any time, the Company determines that it must or should comply with applicable law, regulations or guidance for money services businesses operating in the United States or Canada, EZ365 may be required to periodically file details of account activity to the Financial Crimes Enforcement Network (“FinCEN”) and/or the Financial Analysis Transactions Centre (“FINTRAC”). We may also be required to provide information required by law to other state or federal agencies in the United States and Canada and other jurisdictions including, but not limited to, reporting suspicious transactions of $2,000 or more to FinCEN, and maintaining records regarding transactions of $3,000 or more (the “Recordkeeping Requirements”).
Since we do not accept transactions, we maintain a Know-Your-Customer (KYC) policy to comply with the Recordkeeping Requirements. The Company aims to reasonably identify each prospective purchaser of EZ365 Tokens by cross-referencing user data against governmental watch lists, including but not limited to, Specifically Designated Nationals and Blocked Persons List maintained by OFAC, as well as third-party identity verification and authentication services. If your proposed purchase is flagged through our internal controls, we may require additional proof of identification from you. We reserve the right to prohibit any purchases until additional and verifiable proof of identity to our satisfaction is received and you have been approved as a prospective purchaser.
By complying with this Agreement, you acknowledge and agree that that we maintain verification levels that require user participation and verification to obtain, with leveled permissions based on user-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve your desired level of verification, and we reserve the right in our sole discretion, to determine the appropriate verification level for any user, as well as the right to downgrade users without notice. We may, from time to time, implement policies restricting verification levels by nationality, country of residence, or any other factor. This may affect your right to purchase EZ365 Tokens or withdraw EZ365 Tokens in your Account, and you indemnify The Company against any losses associated with an inability to purchase or withdraw EZ365 Tokens based on your verification level.
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
To purchase EZ365 Tokens, you will need to register for a EZ365 Account on the Site (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update periodically as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, the EZ365 Tokens, or your Account. The Company will take all reasonable and practical measures to block multiple accounts of the same user.
You acknowledge and agree that to ensure the safety of the users’ accounts, to counteract money laundering and to enforce its internal security policy, the Company, by default, shall use internal controls and programs for such controls to be maintained. The Company, through these programs and controls, shall collect and store personal and confidential information about the users and their transactions, including personal information about you, provided to us upon registration of your Account or requested by us upon transactions effected, as well as indirect information, including IP-addresses, information about the operating system used, software configuration and other information collected with the use of “cookies” technology to create statistical reports.
The Company may require identification information where there is a basis to conclude or believe the incidence of suspicious activity that may be indicative of illegal activity. Identification of bank accounts may also be required. You accept and agree that in the event where the Company has valid reasons to believe that your Account is directly or indirectly used for money laundering or for any other illicit or illegal activity, or that you have concealed or reported false identification information and other details, and also if there is a valid reason to believe that the transactions effected via your Account were effected in breach of this Agreement, the Company shall be entitled to require you to provide any additional information and documents to clarify the circumstances. Transactions may be frozen and/or delayed until any and all documents are reviewed by us and accepted as satisfying the requirements of the legislation for counteracting laundering of money from illicit or criminal activities to finance terrorism.
The Company can request from you any additional identifying information and supporting documents at any time at the request of any competent legal or regulatory authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering obtained by illicit or criminal means, or for counteracting the financing of terrorism. In this case, if you do provide incomplete or false information and documents, the Company reserves the right to unilaterally refuse to provide any services to you.
By creating an Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. The Company may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
OPEN SOURCE SOFTWARE
We may make (but are not obligated to make) the source code for the software we develop available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source software. When we host any software and enable you to access and use such software through our websites including this Website, then these terms will apply to such access and use, as well as any license agreements that we may enter into with you.
THIRD-PARTY CONTENT
We may display content from independent third parties through the Site and Content (collectively, “Third-Party Content”). We do not approve of, control, endorse or sponsor any third-parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third-party sites linked to our Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites are operational or are current.
LICENSE TO ACCESS AND USE OUR SITE AND CONTENT
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the EZ365 and *EZ Exchange logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of The Company or our affiliates, licensors or users, as applicable, and are protected by Canadian, U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to this Agreement and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in this Agreement shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of The Company or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by The Company or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
USER CONTENT
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Website (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Website do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via our Website or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our Website, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity. You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by the The Company, Parties (as defined below) or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity. By posting, uploading, inputting, providing or submitting your User Content to us, you grant The Company, its affiliates and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others. You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at contactus@365.io, so that we can communicate with you effectively and provide accurate and up to date information to you. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach or misuse of our Website or if you breach any of your obligations under these terms or the Privacy Policy, we may suspend your use of this Website at any time and for any reason. Any User Content submitted by you on this Website may be accessed by us globally.
TRADEMARK
The *EZ Exchange and any EZ365 Token (EZ365), product or service names, logos or slogans that may appear on the Site are trademarks of The Company or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “EZ365” or any other name, trademark or product or service name of The Company or our affiliates without our prior written permission. In addition, the look and feel of the Site, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of The Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by The Company.
FEEDBACK
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about The Company, the Site, EZ Exchange Transaction Platform, or the EZ365 Tokens (collectively, “Feedback”). You agree that submission of Feedback is at your own risk and that The Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant The Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights in connection with the operation and maintenance of the Site and EZ365 Tokens. We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback. The purpose of these terms is to avoid potential misunderstandings or disputes if The Company’s products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback. If you decide to send us feedback, you acknowledge and understand that The Company and other Parties make no assurances that your Feedback will be treated as confidential or proprietary.
AGGREGATE INFORMATION
We may gather information and statistics collectively about all visitors to this Website which may include the information supplied by you. This information helps us to design and arrange our Web pages in a user-friendly manner and to continually improve our Website to better meet the needs of our Website users. We may share this aggregate data with selected independent third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy.
USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or using EZ365 Tokens. You agree that you will abide by this Agreement and will not:
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Company, Parties ”), from and against all actual or alleged The Company, Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, lawyers’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or EZ365 Tokens, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of another. You agree to promptly notify The Company of any third-party Claims and cooperate with the The Company and any other necessary Parties in defending such Claims. You further agree that The Company, or Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Company.
DISCLAIMER
This website and all information, products and services provided through this website are provided “as is” and on an “as available” basis without any representations, warranties, promises or guarantees whatsoever of any EZ365 and EZ Exchange including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of this website, any products or services we may provide through it or the information or material it contains. Each of The Company and/or Parties disclaim all representations and warranties, whether express, implied or statutory, with regard to the foregoing, including, without limitation: (a) any warranty with respect to the content, information, data, services, availability, uninterrupted access, or services or products provided through or in connection with this website; (b) any warranties that this website or the server that makes it available are free of viruses, worms, Trojan horses or other harmful components; (c) any warranties that this website, its content and any services or products provided through it are error free or that defects in this website, its content or such services or products will be corrected; (d) any warranties of title or implied warranties of merchantability or fitness for a particular purpose; (e) any warranties that this website will be compatible with your computer or other electronic equipment; and (f) any warranties of non-infringement. The materials and related graphics published on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on this website. The Company, or Parties may make improvements and/or changes to the website, its products, services and/or the materials described on this website at any time.
The Company will not be responsible nor liable to you for any loss and take no responsibility for and will not be liable to you for any use of EZ365 Tokens, including but not limited to, any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the site or EZ365 Tokens. Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
EZ365 is an intangible digital asset. EZ365 Tokens exist only by virtue of the ownership record maintained in the Ethereum network. Any transfer of title that might occur in any EZ365 Tokens occurs on the decentralized ledger within the Ethereum Platform. The company does not guarantee that the company or any other party can affect the transfer of title or right in any EZ365 Tokens.
The Company is not responsible for sustained casualties due to a vulnerability or any type of failure, abnormal behavior of software (note, wallet, contract), blockchains or any other features of the EZ365 Tokens. The Company is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with EZ365 Tokens including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
Some jurisdictions may not allow the disclaimer of implied terms in contracts with consumers. As a result, some or all of the disclaimers in this section may not apply to you.
The Company makes no warranties or conditions, express or implied, with respect to third-party content or third-party sites and/or services, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. In no event will The Company be liable for any incidental, consequential, or cover damages arising out of your use of or inability to use third-party content or third party sites and/or services or any amount in excess of the amount paid by you for the third-party content or third-party sites and/or services that give rise to any claim.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site or Content (or any features or functionality of the Site) at any time without notice and without obligation or liability to you.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
In addition, to the maximum extent permitted by law, none of The Company, Parties shall be responsible or liable for: (a) any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Website or any of its content; (b) any reliance on, or decision made on the basis of, information or material shown on or omitted from this Website; (c) any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs; (d) any matter affecting this Website or any of its content caused by circumstances beyond our reasonable control; (e) the performance of this Website and any fault, delays, interruptions or lack of availability of this Website and any of the services or products provided through this Website, which may occur due to increased usage of this Website, intermittent failures of this Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and (f) any information or material on any website operated by a third party which may be accessed from this Website.
GENERAL
These terms control the relationship between us and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we does not take immediate action, this doesn’t imply, directly or indirectly, that we are forfeiting any rights that we may have (such as taking future action). If a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein.
LEGAL DISCLAIMER
EZ365 tokens confer no voting rights, ownership of intellectual property, transfer of ownership upon company sale, control of company assets, or any decision-making ability regarding the EZ365 platform or its operations. EZ365 tokens are not in any way, either directly or indirectly, considered to be securities. The EZ365 token is a security token, not a Security, bond or share token, which is meant be used on the EZ365 Platform once the platform is launched. EZ365 tokens are sold as a security token.
The user acknowledges, understands, and agrees that EZ365 tokens are not securities and are not registered with any government entity or regulator as a security, and shall not be considered as such.
TOKEN TERMS AND CONDITIONS
The following Terms and Conditions (“Terms”) govern the sale of EZ365 cryptographic tokens (“EZ365”) to crowd sale participants (“Investors” collectively, and “Investor” individually). This document describes the initial sale in which the EZ365 team (“EZ365 team”) will operate. It is not a solicitation for investment and does not pertain in any way, either directly or indirectly, to an offering of securities in any jurisdiction. Individuals, businesses, and other organizations should carefully weigh the risks, costs, and benefits of acquiring EZ365 early in the initial sale instead of waiting to purchase EZ365 on open, third-party exchanges.
IMPORTANT
EZ365 is not a security. Ownership of EZ365 carries no rights, neither express or implied. Purchases of EZ365 are non- refundable. Investors should have no expectation of influence over governance of the EZ365 Platform. By participating in the sale of EZ365, you expressly acknowledge and represent that you have carefully reviewed the Terms & Conditions and fully understand the risks, costs, and benefits of purchasing EZ365 and agree to be bound by these Terms & Conditions. As set forth below, you further represent and warrant that, to the extent permitted by law, you are authorized to purchase EZ365 in your relevant jurisdiction, are of legal age to be bound by these Terms & Conditions, and will not hold liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to the sale of EZ365, now or in the future, EZ365 and its affiliates, and the officers, directors, agents, joint ventures, employees and suppliers of EZ365 or its affiliates.
The purchase of EZ365 carries with it various risks. Prior to purchasing EZ365, you should carefully consider the risks listed below and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. If any of the following risks are unacceptable to you, you should not purchase EZ365. By purchasing EZ365, and to the extent permitted by law, you are agreeing not to hold any of the EZ365 Team Parties liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of EZ365, including losses associated with the risks set forth below.
OVERVIEW OF INITIAL SALE OF EZ365
The EZ365 Team will produce a quantity of EZ365 referred to as the initial sale, to be conducted on its web site at https://www.ieo.365.io (“the initial sale”). Investors in the initial sale will acquire EZ365 in exchange for BTC, ETH, and Fiat money at the USD value of each investment at the time of investment.
Investors of EZ365 in the initial sale will be granted user accounts on the website that will enable them to claim their purchase at the end of the initial sale. All EZ365 pre-sold this way will be created on the Ethereum networks after the end of the initial sale, although there are no guarantees that this will occur within a given timeframe. EZ365 purchased with ETH will be created on the Ethereum blockchain. The EZ365 Team will allocate the purchased EZ365 to the corresponding user account on the web site, delivering it to their control.
EZ365 PRICING
Based on the recent performance of other similar blockchain projects, EZ365 management has determined that this initial sale shall be divided and sold at decreasing discount rates as the sale proceeds. Full details about the various price points will be provided in a timely manner to Investors in the initial sale and will be available on the website at the time of purchase. Investors of EZ365 should expect prices to fluctuate significantly. The information published on the Site cannot guarantee that participants will not lose money, nor maintain a price support (floor), nor maintain their EZ365 value relative to their purchase price. EZ365 will be priced independently by markets and token exchanges, similar to other cryptocurrencies. There are many direct and indirect external factors and market forces that may influence the price of EZ365, some or all of which may be outside the control and purview of EZ365 Team.
DISCLOSURE OF PURCHASES
To enable EZ365 Investors with information to guide their decision-making process, EZ365 Team will disclose in real-time the total proceeds raised in the EZ365 initial sale to enable the Investor to develop an understanding of the size of the existing EZ365 funding pool at the time of EZ365 purchase.
PURCHASE OF EZ365 FROM THE https://ieo.ez365.io WEBSITE
The EZ365 Team will maintain a store interface to be used to purchase EZ365. The store interface will be available on the EZ365 website (https://ieo.ez365.io). Instructions for purchasing EZ365 with BTC and other cryptocurrencies using the store interface will be embedded and available for review on the EZ365 website during the duration of the initial sale. Failure to follow these instructions may limit, delay, or prevent an Investor from obtaining EZ365.
OBLIGATION TO DETERMINE IF INVESTOR CAN PURCHASE EZ365 IN INVESTOR’S JURISDICTION
It is the responsibility of each potential Investor of EZ365 to determine if the Investor can legally purchase EZ365 in the Investor’s jurisdiction. Rules vary across jurisdictions. Consult the appropriate counsel and/or regulatory authorities. Owing to different regulatory regimes and compliance uncertainty in different jurisdictions and the inability of citizens of certain jurisdictions to open accounts at exchanges located anywhere in the world, the liquidity of EZ365 may materially vary from one jurisdiction to another, and this may generate significant price discrepancies.
ACCEPTANCE OF TERMS AND CONDITIONS OF THE EZ365 SALE
As a first step in the purchase process, EZ365 Team will present the Investor with these Terms, and any other associated documents. By placing an order to buy EZ365, the Investor: (i) consents and agrees to the Terms; (ii) represents and warrants that the Investor is legally permitted to purchase EZ365 in the Investor’s jurisdiction; (iii) represents and warrants that the Investor is of a sufficient age to legally purchase EZ365 or has received permission from a legal guardian who has reviewed and agreed to these Terms; (iv) represents and warrants that the Investor will take sole responsibility for any restrictions and risks associated with the purchase of EZ365 as outlined below; and (v) represents and warrants that the Investor has an understanding of the usage and intricacies of cryptographic tokens, including BTC, and blockchain-based software systems.
RECEIPT OF EZ365 AND THE PURCHASE EMAIL
As part of the purchase process, and in order to purchase EZ365, an Investor must provide an email address (the “Purchase Email”). The Purchase Email will be used to email the Investor a notice of the creation of the Investor’s account on its website. By purchasing EZ365, and to the extent permitted by applicable law, the Investor agrees not to hold any of the EZ365 Team Parties liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to, Investor’s failure to secure their account.
EZ365 WILL ONLY BE AVAILABLE FOR SALE ON THE EZ365 WEBSITE
The EZ365 Team will only sell EZ365 through the EZ365 website, available at https://www.ieo.ez365.io. To the extent that any third-party website or service offers EZ365 for sale during the initial sale or facilitates the sale or transfer of EZ365 in any way during the initial sale, such third-party websites or services are not sanctioned by EZ365 Team or its affiliates and have no relationship in any way with the EZ365 Team Parties. As a result, EZ365 Team prohibits the use of these third-party websites or services for the purchase of EZ365 prior to the end of the initial sale.
ASSUMPTION OF RISK
You accept and acknowledge all risk factors described in the EZ365 TGE Risk Factors document. Furthermore, you accept and acknowledge:
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall The Company or any of the other parties be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind or for loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption arising out of or in any way related to the access or use of the sites, content or EZ365 Tokens or otherwise related to this agreement (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from EZ365 digital, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, Trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to The Company’s records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of us arising out of or in any way related to this agreement, the access to and use of the site content, EZ365 Tokens, or any products or services purchased from us exceed the greater of $100 and the amount received by us from the sale of EZ365 Tokens that are the subject of the claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
MODIFICATIONS TO THE SITE AND EZ365 TOKENS
We have sole discretion in reserving the right to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or suspend or discontinue issuance of EZ365 Tokens at any time and without liability therefore.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and The Company relating to your access to and use of the Sites, and Content and your purchase and use of the EZ365 Tokens. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of The Company, and The Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
*EZ Exchange is a wholly-owned subsidiary providing platform service by and to EZ365, registered and licensed pursuant to the laws of Estonia.
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