GENERAL TERMS AND CONDITIONS
READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE SERVICES
DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.iconomi.net ("WEBSITE")
AND PRODUCTS OFFERED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND
CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES
AND YOU SHOULD NOT USE THIS WEBSITE NOR ITS PRODUCTS. YOU MAY BE REFERRED TO YOU OR THE
ENTITY YOU REPRESENT.
ICONOMI INC. (“Iconomi”) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF
THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS
PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU
ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS,
YOU ARE AGREEING TO THE MODIFIED TERMS.
THIS DOCUMENT OR ANY OTHER DOCUMENT, PRODUCED AND SIGNED BY ICONOMI, DOES NOT CONSTITUTE
AN OFFER OR SOLICITATION TO SELL SHARES OR SECURITIES IN ICONOMI OR ICONOMI.INDEX OR THE
WEBSITE OR THE PRODUCTS OFFERED THERETO. NONE OF THE INFORMATION OR ANALYSES PRESENTED
ARE INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC
RECOMMENDATIONS ARE INTENDED, AND ICONOMI.INDEX IS NOT AN INVESTMENT OR FINANCIAL
PRODUCT, BUT A SOFTWARE APPLICATION. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE
INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL
NOT BE CONSTRUED IN THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND
SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO
OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES, NOR FOR ICONOMI.INDEX TOKENS. ICONOMI
EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR
DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY
INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY
SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM.
1.1 Iconomi.index product is a cryptographic token, developed by Iconomi, and published
in Ethereum public blockchain. Iconomi.index is a software product as its content
presents a source code, including elements of a smart contract and application
1.2 The main feature of Iconomi.index is that it saves time and transaction costs to
those blockchain users, who wish to obtain cryptographic tokens from different public
1.3 Iconomi.index is not an investment product and any action, notice, communication,
message, decision, managerial act, or omission of the mentioned, is not an investment
advice and shall not be understood and interpreted as such. Any such content, provided
by Iconomi either by integration in the Iconomi.index source code or by publishing
through any means of communication, shall be regarded solely as statement of facts or
observation and in no case as investment advice. Iconomi.index is not a security.
Iconomi gives no guarantees as to the value of the Iconomi.index tokens and explicitly
warns users that there is no reason to believe that Iconomi.index tokens will increase
in value, and they might also decrease in value.
1.4 You agree and accept, that you are acquiring Iconomi.index tokens for your own
personal use as technical means to acquiring tokens from different blockchains
simultaneously and for your personal utility and not for investment or financial
purposes. You also agree that you don’t consider Iconomi.index tokens as security
and you understand that Iconomi.index tokens may lose all their value and that you are
not acquiring Iconomi.index tokens as an investment.
1.5 Iconomi.index is developed and run by Iconomi. Iconomi reserves its right to charge
its fees for developing and running Iconomi.index in accordance with the Iconomi.index
1.6 This document or any other document, produced and signed by Iconomi, its website and
the Iconomi.index service as such do not constitute an offer or solicitation to sell and
shall not be construed in this way, and it may only be construed as an invitation to
give offer, in all cases for purchase of Iconomi.index service as software.
1.7 Iconomi.index (tokens) is/are not cryptocurrency, regardless of what legal meaning
word “cryptocurrency” has, unless and to the extent the meaning of
Iconomi.index tokens are described and defined by these terms and conditions. Any
potential ability to exchange Iconomi.index tokens for fiat money is out of scope of
sphere of influence of Iconomi and is not a service, being provided by Iconomi.
2. Acquisition of Iconomi.index tokens
2.1 You agree to purchase and we agree to sell, on the terms set forth herein,
Iconomi.index tokens. Your purchase is final. We will not provide any refund of the
purchase price under any circumstances.
2.2 After transfer of consideration for purchase of Iconomi.index tokens, the tokens
will be automatically transferred to your Iconomi wallet or other wallet, should you
indicate so in your profile settings.
2.3 Iconomi does not provide an option to acquire Iconomi.index tokens for payment of
3.1 You understand that Iconomi.index token, blockchain technology, the Ethereum
protocol, Ether and other associated and related technologies are new and untested and
outside of Iconomi’s control and adverse changes in market forces or the
technology, broadly construed, will excuse Iconomi’s performance under this
3.2 In addition to the above, you also acknowledge that you have been warned of the
following risks, associated with the website and products offered thereto and in
particular with Iconomi.index token.
(a) Legal risks regarding securities regulations
There is a risk that in some jurisdictions Iconomi.index might be considered to be a
security, or that it might be considered to be a security in the future. Iconomi.index
has avoided making Iconomi.index tokens available to natural and legal persons from such
jurisdictions, however Iconomi does not give warranties or guarantees that Iconomi.index
token is not a security also in all jurisdictions, where it was made available. Each
user of Iconomi.index tokens shall bear its own legal or financial consequences of
Iconomi.index being considered a security in their respective jurisdiction.
Acquiring cryptographic tokens in possession and exchanging them for other cryptographic
tokens will most likely continue to be scrutinized by various regulatory bodies around
the world, which has so far given mixed reactions and regulatory impact. The legal
ability of Iconomi to provide Iconomi.index tokens could in some jurisdictions be
eliminated by future regulation or legal actions. In the event, it turns out with a high
degree certainty that Iconomi.index tokens are not legal in certain jurisdiction,
Iconomi will either a) cease operations in that jurisdiction, or b) adjust Iconomi.index
tokens in a way to comply with the regulation should that be possible and viable.
(b) Risks associated with the Ethereum protocol
Iconomi.index token is based upon the Ethereum protocol. As such, any malfunction,
unintended function or unexpected functioning of the Ethereum protocol may cause the
Iconomi.index token to malfunction or function in an unexpected or unintended manner.
Ether, the native unit of account of the Ethereum Protocol may itself lose value in ways
similar to Iconomi.index token, and also other ways. More information about the Ethereum
protocol is available at http://www.ethereum.org
(c) Risks associated with users’ credentials
Any third party that gains access to the user’s login credentials for the website
or private keys may be able to dispose of the user’s Iconomi.index tokens. To
minimize this risk, the purchaser should guard against unauthorized access to their
(d) Risk of unfavourable regulatory action in one or more jurisdictions
Blockchain technologies have been the subject of scrutiny by various regulatory bodies
around the world. The functioning of the Ethereum network and associated blockchain
networks and Iconomi.index could be impacted by one or more regulatory inquiries or
actions, including but not limited to restrictions on the use or possession of digital
tokens like Iconomi.index, which could impede or limit their existence, permissibility
of their use and possession, and their value.
(e) Risk of theft and hacking
Hackers or other groups or organizations may attempt to interfere with your token
wallet, the website or the availability of Iconomi.index tokens in any number of ways,
including without limitation denial of service attacks, Sybil attacks, spoofing,
smurfing, malware attacks, or consensus-based attacks.
(f) Risk of security weaknesses in the Iconomi.index source code or any associated
software and/or infrastructure
There is a risk that the Iconomi.index, or other third parties may unintentionally
introduce weaknesses or bugs into the Iconomi.index source code interfering with the use
of or causing the loss of Iconomi.index tokens.
(g) Risk of weaknesses or exploitable breakthroughs in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum
computers, could present risks to cryptocurrencies and the Ethereum platform and
Iconomi.index, which could result in the theft or loss of Iconomi.index tokens.
(h) Risk of mining attacks
As with other decentralized cryptocurrencies, the Ethereum blockchain, which is used for
the Iconomi.index, is susceptible to mining attacks, including but not limited to
double-spend attacks, majority mining power attacks, “selfish-mining”
attacks, and race condition attacks. Any successful attacks present a risk to the
Iconomi.index, expected proper execution and sequencing of Iconomi.index, and expected
proper execution and sequencing of Ethereum contract computations in general. Despite
the efforts of Iconomi and Ethereum Foundation, the risk of known or novel mining
attacks exists. Mining Attacks, as described above, may also target other blockchain
networks, with which Iconomi.index interacts with and consequently Iconomi.index may be
impacted also in that way to the extent, described above.
(i) Risk of low or no liquidity
Even though there are currently online service available, which enable possibility of
exchange of cryptographic tokens between themselves, and also, some of them enable
exchange of cryptographic tokens for fiat money, there are no warranties and/or
guarantees given that Iconomi.index tokens will be subject to exchange for other
cryptographic tokens and/or fiat money, and no guarantees are given whatsoever with the
capacity (volume) of such potential exchange. It shall be explicitly cautioned, that
such exchange, if any, might be subject to poorly-understood regulatory oversight, and
Iconomi does not give any warranties in regard to any exchange services providers. Users
might be exposed to fraud and failure
(j) Risk of loss of value
If the value of cryptographic tokens, which will be acquired by Iconomi.index fluctuates
unfavourably, such fluctuations will also result in the value of Iconomi.index tokens,
and their users might suffer loss in value of such acquired tokens. There might also be
other reasons, not related to the value of cryptographic tokens, acquired by
Iconomi.index, that would cause unfavourable fluctuations of the value of Iconomi.index
(k) Risk of uninsured losses
Unlike bank accounts or accounts at some other financial institutions, funds held using
Iconomi.index or Ethereum network are entirely uninsured.
(l) Risk of malfunction in the Ethereum network or any other blockchain
It is possible that the Ethereum network or any other network, to which Iconomi.index is
interacting with, malfunctions in an unfavourable way, including but not limited to one
that results in the loss of Iconomi.index, or loss of information concerning any other
cryptographic tokens, which Iconomi.index acquires.
(m) Unanticipated risks
Cryptocurrencies and blockchains are new and untested technology. In addition to the
risks set forth here, there are risks that Iconomi cannot foresee and it is unreasonable
to believe that such risks could have been foreseeable. Risks may further materialize as
3.3 Iconomi.index tokens are provided “as is”. We and our affiliates and
licensors make no representations or warranties of any kind, whether express, implied,
statutory or otherwise regarding the Iconomi.index tokens, including any warranty that
the Iconomi.index tokens will be uninterrupted, error free or free of harmful
components, secure or not otherwise lost or damaged. Except to the extent prohibited by
law, we and our affiliates and licensors disclaim all warranties, including any implied
warranties of merchantability, satisfactory quality, fitness for a particular purpose,
non-infringement, or quiet enjoyment, and any warranties arising out of any course of
dealing or usage of trade.
4. Users from the United States
4.1 The website and its products are not offered for use to the citizens of the United
States of America (“USA”) regardless of their location, and are not offered to natural
or legal persons, having their seat or habitual residence in the USA.
4.2 All activities of the website and its products are executed out of the USA.
4.3 Iconomi has adopted all reasonable organisational and technical measures to assure
that products from its website are not available to persons from paragraph 4.1. Due to
the Iconomi products being offered on the Internet (meaning both the world wide web and
the Ethereum blockchain) Iconomi understands that there is a possibility that there
might be a certain “flow back” of Iconomi products into the USA or to the citizens of
the USA. Iconomi consequently explicitly prohibits persons from paragraph 4.1 from using
Iconomi products and website. Iconomi shall not be held liable for any legal or monetary
consequence arising of such use. Such persons using Iconomi products and website despite
the prohibition shall on first request indemnify and hold harmless Iconomi from any
legal or monetary consequence arising of their breach of this terms as described in this
5.1 Iconomi and its affiliates and their respective officers, employees or agents will
not be liable to you or anyone else for any damages of any kind, including, but not
limited to, direct, consequential, incidental, special or indirect damages (including
but not limited to lost profits, trading losses or damages that result from use or loss
of use of this website and its products), even if Iconomi has been advised of the
possibility of such damages or losses, including, without limitation, from the use or
attempted use of this website and/or its products or another linked website.
5.2 Further, neither we nor any of our affiliates or licensors will be responsible for
any compensation, reimbursement, or damages arising in connection with: (a) your
inability to use the Iconomi.index tokens, including without limitation as a result of
any termination or suspension of the Ethereum network or this agreement, including as a
result of power outages, maintenance, defects, system failures or other interruptions;
(b) the cost of procurement of substitute goods or services; (c) any investments,
expenditures, or commitments by you in connection with this agreement or your use of or
access to the Iconomi.index tokens; or (d) any unauthorized access to, alteration of, or
the deletion, destruction, damage, loss or failure to store any data, including records,
private key or other credentials, associated with any Iconomi.index token.
5.3 In any case, our and our affiliates’ and licensors’ aggregate liability
under this agreement will be limited to 100,00 EUR per user.
5.4 You waive your right to demand the return of any cryptographic tokens you exchanged
with us for the purpose of acquiring Iconomi.index tokens, including, without
limitation, a demand for specific performance.
5.5 You will defend, indemnify, and hold harmless us, our affiliates and licensors, and
each of their respective employees, officers, directors, and representatives from and
against any claims, damages, losses, liabilities, costs, and expenses (including
reasonable attorney fees) arising out of or relating to any third-party claim concerning
this Agreement or your use of Iconomi.index tokens contrary to these terms. If we or our
affiliates are obligated to respond to a third-party subpoena or other compulsory legal
order or process described above, you will also reimburse us for reasonable attorney
fees, as well as our employees’ and contractors’ time and materials spent
responding to the third-party subpoena or other compulsory legal order or process at
reasonable hourly rates.
5.6 The information, software, products, and services included in or available through
the website may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. Iconomi and/or its suppliers may make improvements
and/or changes in the website at any time. Iconomi makes no representations about the
suitability, reliability, availability, timeliness, and accuracy of the Iconomi.index
tokens, the website, information, software, products, services and related graphics
contained on the website for any purpose. To the maximum extent permitted by applicable
law, Iconomi.index tokens, the website, all such information, software, products,
services and related graphics are provided "as is" without warranty or
condition of any kind. Iconomi hereby disclaims all warranties and conditions with
regard to the Iconomi.index tokens, the website, information, software, products,
services and related graphics, including all implied warranties or conditions of
merchantability, fitness for a particular purpose, title and non-infringement.
6.1 You will implement reasonable and appropriate measures designed to secure access to
(i) any device associated with the email address associated with your account, (ii)
private keys required to access any relevant Ethereum address, and (iii) your username,
password and any other login or identifying credentials.
6.2 In case you suspect a security breach in any of the abovementioned, you will inform
us immediately so we can take all required and possible measures to secure your account,
Iconomi.index and Iconomi products and systems as whole.
6.3 In the event that you are no longer in possession of any device associated with your
account or are not able to provide your login or identifying credentials, we may, in our
sole discretion, and only if we are able, grant access to your account to any party
providing additional credentials to us. We explicitly reserve the right to determine the
additional credentials required, which may include, without limitation, a sworn,
notarized statement of identity.
7.1 As a principle, Iconomi collects only what we need and will not share your personal
information with any third parties other than our identity verification partner. Even
within Iconomi, access to your personal information is limited to a subset of employees
who work on compliance and identity verification matters. Iconomi is the only data
controller and processor.
7.2 You will provide to us, immediately upon our notice of request, information that we,
in our sole discretion, deem to be required to maintain compliance with any federal,
state or local law, regulation or policy. Such documents include, but are not limited
to, passports, driver’s licenses, utility bills, photographs of you, government
identification cards, or sworn statements.
7.3 Iconomi reserves its right to request documentation, described in paragraph 7.1,
prior to activating your account at any of Iconomi services, and any services, available
through website. Iconomi may refuse you access to Iconomi services and website should it
have doubts as to validity, authenticity and genuineness of the documents, provided by
7.4 Iconomi collects information from running the website and products, provided
thereto, and uses information, provided to us by you. When you visit the website or use
our products, we collect information sent to us by your computer, mobile phone, or other
access device. This information may include your IP address, device information
including, but not limited to, identifier, name, and type, operating system, mobile
network information and standard web log information, such as your browser type, and the
pages you accessed on our website. When you use a location-enabled device with our
website and products, we may collect geographical location data or use various means to
determine the location, such as sensor data from your device that may, for instance,
provide data on nearby cell towers and wi-fi access spots. However, we will not release
your personally-identifying information to any third party without your consent, except
as set forth herein.
7.5 If you create an account at our website and use our products, Iconomi.index tokens
included, we may collect and store the following types of information: Contact
information – your name, address, phone, email and other similar information.
Before permitting you to use our website and products, we may require you to provide
additional information (such as a date of birth, passport number, numbers that you may
use or have registered with your local tax authority, or other data which can be used
for personal identification purposes and that may be required to comply with applicable
laws) so that we can verify your identity or address. We may also obtain information
about you from third parties such as identity verification services.
7.6 When you use our website, we collect information about your transactions (such as
date, time and amount of transaction) and your other activities on our website and we
may collect information about your computer or other access device for fraud prevention
purposes. We may collect additional information about you through your interactions with
our support team.
7.7 When you access the website or use our products or services we (or Google Analytics
on our behalf) may place small data files called cookies on your computer or other
device. We use these technologies to recognize you as our user; customize our website
and advertising; measure promotional effectiveness and collect information about your
computer or other access device to mitigate risk, help prevent fraud, and promote trust
7.8 Throughout this policy, we use the term “personal information” to
describe information that can be associated with a specific person and can be used to
identify that person. We do not consider personal information to include information
that has been anonymized so that it does not identify a specific user.
7.9 We store and process your personal information on our computers in the Germany where
our facilities or our service providers are located. We protect your information using
physical, technical, and administrative security measures to reduce the risks of loss,
misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use
are firewalls and data encryption, physical access controls to our data centres, and
information access authorization controls. We also authorize access to personal
information only for those employees who require it to fulfil their job
responsibilities. All of our physical, electronic, and procedural safeguards are
designed to comply with applicable laws and regulations.
7.10 We are sometimes required to compare the personal information you provide to third
party databases in order to verify its accuracy and confirm your identity. This allows
us to comply with state and federal anti-money laundering and “know your customer”
regulations. We will not sell or rent your personal information to third parties. We may
combine your information with information we collect from other companies and use it to
improve and personalize the website and our products, as well as our content and
advertising. We may use your name and email address to provide you with information
about products or services that may be of interest to you, but we will not use your
personal information without complying with applicable laws and, where appropriate,
obtaining your consent.
7.11 We reserve our right to share your personal information with:
(a) our banking partners (if you link a bank account, debit card, or credit card to your
(b) companies that we plan to merge with or be acquired by (should such a combination
occur, we will require that the newly combined entity follow these terms with respect to
your personal information, and you would as well receive prior notice of any change in
(c) 3rd party identification services providers for fraud prevention purposes;
(d) law enforcement, government officials, or other third parties when i) we are
compelled to do so by a subpoena, court order, or similar legal procedure; or ii) we
believe in good faith that the disclosure of personal information is necessary to
prevent physical harm or financial loss, to report suspected illegal activity or to
investigate violations of our terms;
(e) other third parties only with your prior consent or direction to do so.
Iconomi will not provide your personal information to any other Iconomi users without
your consent or direction.
7.12 You may access, review and edit your personal information at any time by logging in
to the website using your credentials.
7.13 The data that we collect from you will be transferred to, and stored at, a
destination in the Germany and may be transferred and/or stored to other places outside
the European Economic Area (EEA). It may also be processed by staff operating outside
the EEA who work for us or for one of our service providers. These staff may be engaged
in the fulfilment of our Services and/or the processing of your details and the
provision of support services. By submitting your personal data, you agree to this
transfer, storing, or processing. We will take all steps reasonably necessary to ensure
that your data is treated securely and in accordance with these terms. Third parties may
be located in other countries where the laws on processing personal information may be
less stringent than in your country. Our services may, from time to time, contain links
to and from the websites of our partner networks, advertisers, and affiliates
(including, but not limited to, websites on which the Iconomi services are advertised).
If you follow a link to any of these websites, please note that these websites and any
services that may be accessible through them have their own privacy policies and that we
do not accept any responsibility or liability for these policies or for any personal
information that may be collected through these websites or services, such as contact
and location data. Please check these policies before you submit any personal data to
these websites or use these services.
8.1 All your factual and potential tax obligations are your concern and Iconomi is not
in any case and under no conditions bound to compensate for your tax obligation or give
you any advice related to tax issues, including but not limited what kind of filing or
reporting you need to do with the competent tax authority, which taxes and to which
extent you are obliged to pay, which tax exemptions you are eligible to etc.
8.2 All fees and charges payable by you are exclusive of any taxes, and shall certain
taxes be applicable, they shall be added on top of the payable amounts. Upon our
request, you will provide us any information we reasonably request to determine whether
we are obligated to collect VAT from you, including your VAT identification number. If
any deduction or withholding is required by law, you will notify us and will pay us any
additional amounts necessary to ensure that the net amount that we receive, after any
deduction and withholding, equals the amount we would have received if no deduction or
withholding had been required. Additionally, you will provide us with documentation
showing that the withheld and deducted amounts have been paid to the relevant taxing
9. Intellectual Property
9.1 We retain all right, title and interest in all of our intellectual property,
including inventions, discoveries, processes, marks, methods, compositions, formulae,
techniques, information and data, whether or not patentable, copyrightable or
protectable in trademark, and any trademarks, copyrights or patents based thereon. You
may not use any of our intellectual property for any reason, except with our express,
prior, written consent.
9.2 In particular, we retain all intellectual property rights, mostly, but not limited,
to copyright, over the source code forming Iconomi.index tokens. This terms shall not be
understood and interpreted in a way that they would mean assignment of intellectual
property rights, unless it is explicitly defined so in this terms.
9.3 You are being granted a non-exclusive, non-transferable, revocable license to access
and use the website and to use the Iconomi.index tokens strictly in accordance with
these Terms. As a condition of your use of the website and Iconomi.index tokens you
warrant to Iconomi that you will not use the website and Iconomi.index tokens for any
purpose that is unlawful or prohibited by these Terms. You may not use the Iconomi.index
tokens in any manner that could damage, disable, overburden, or impair the website Site
or interfere with any other party's use and enjoyment of the website, Iconomi.index
tokens or any other products offered thereto. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available or
provided for through the website and/or Iconomi.index tokens and/or other services
provided thereto. Limitation to the transferability of licence shall not be understood
in a way, that the users are not allowed to transfer Iconomi.index tokens to third
9.4 All content included on the website, including the Iconomi.index tokens, and
associated products and services, such as, but not limited to, text, graphics, logos,
images, source code, as well as the compilation thereof, and any software used on the
website and within Economywide tokens (hereinafter: “Iconomi IP”) is the
property of Iconomi and protected by copyright, trademark and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
9.5 You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the Iconomi IP,
in whole or in part, found on the website, within Iconomi.index tokens or associated
products and services. Iconomi IP is not for resale. Your use of the Iconomi IP does not
entitle you to make any unauthorized use of any Iconomi IP, and in particular you will
not delete or alter any proprietary rights or attribution notices in any Iconomi IP. You
will use Iconomi IP solely for your personal use, and will make no other use of Iconomi
IP without the express written permission of Iconomi and the copyright owner. You agree
that you do not acquire any ownership rights in any Iconomi IP. We do not grant you any
licenses, express or implied, to the intellectual property of Iconomi except as
expressly authorized by these Terms.
10. Access to services
10.1 Iconomi reserves the right, in its sole discretion, to terminate your access to the
website and its related services or any portion thereof at any time, without notice, in
particular due to legal grounds originating in ant-money laundering and know your client
regulation and procedures.
11.1 We may provide any notice to you under this Agreement by: (i) posting a notice on
the website; or (ii) sending an email to the email address then associated with your
account. Notices we provide by posting on the website will be effective upon posting and
notices we provide by email will be effective when we send the email. It is your
responsibility to keep your email address current. You will be deemed to have received
any email sent to the email address then associated with your account when we send the
email, whether or not you actually receive or read the email.
11.2 To give us notice under this Agreement, you must contact us by email to
email@example.com. We may update this email address for notices to us by posting a
notice on our website. Notices to us will be effective one business day after they are
11.3 All communications and notices to be made or given pursuant to this Agreement must
be in the English language.
12.1 The whitepaper of Iconomi.index shall be considered part of this General Terms and
Conditions and by accepting these General Terms and Conditions users are deemed to have
read the Iconomi.index whitepaper and are aware of all risks and rules provided
12.2 We do not permit individuals under the age of 18 to register with our website and
use our products. If we become aware that a child under the age of 18 has provided us
with personal information, we will delete such information from our files immediately
and block its access to our website and products.
12.3 We and our affiliates will not be liable for any delay or failure to perform any
obligation under this Agreement where the delay or failure results from any cause beyond
our reasonable control, including acts of God, labour disputes or other industrial
disturbances, electrical, telecommunications, hardware, software or other utility
failures, earthquake, storms or other elements of nature, blockages, embargoes, riots,
acts or orders of government, acts of terrorism, or war, changes in blockchain
technology (broadly construed), changes in the Ethereum or any other blockchain
protocols or any other force outside of our control.
12.4 We and you are independent contractors, and neither party, nor any of their
respective affiliates, is an agent of the other for any purpose or has the authority to
bind the other. Both parties reserve the right (a) to develop or have developed for it
products, services, concepts, systems, or techniques that are similar to or compete with
the products, services, concepts, systems, or techniques developed or contemplated by
the other party and (b) to assist third party developers or systems integrators who may
offer products or services which compete with the other party’s’ products or
12.5 This Agreement does not create any third-party beneficiary rights in any individual
12.6 You will not assign this Agreement, or delegate or sublicense any of your rights
under this Agreement, without our prior written consent. Any assignment or transfer
contrary to these terms will be void. Subject to the foregoing, this Agreement will be
binding upon, and inure to the benefit of the parties and their respective successors
12.7 The failure by us to enforce any provision of this Agreement will not constitute a
present or future waiver of such provision nor limit our right to enforce such provision
at a later time. All waivers by us must be unequivocal and in writing to be
12.8 Except as otherwise set forth herein, if any portion of this Agreement is held to
be invalid or unenforceable, the remaining portions of this Agreement will remain in
full force and effect. Any invalid or unenforceable portions will be interpreted to
affect the intent of the original portion. If such construction is not possible, the
invalid or unenforceable portion will be severed from this Agreement, but the rest of
the Agreement will remain in full force and effect.
12.9 All disputes or claims arising out of or in connection with this contract including
disputes relating to its validity, breach, termination or nullity shall be finally
settled under the Rules of Arbitration of the International Arbitral Centre of the
Austrian Federal Economic Chamber in Vienna (Vienna Rules) three arbitrators appointed
in accordance with the said Rules. The substantive law of England and Wales shall be
applicable. The language to be used in the arbitral proceedings shall be English.
12.10 This Agreement is the entire agreement between you and us regarding the subject
matter of this Agreement. This Agreement supersedes all prior or contemporaneous
representations, understandings, agreements, or communications between you and us,
whether written or verbal, regarding the subject matter of this Agreement. We will not
be bound by, and specifically object to, any term, condition or other provision which is
different from or in addition to the provisions of this Agreement (whether or not it
would materially alter this Agreement) and which is submitted by you in any order,
receipt, acceptance, confirmation, correspondence or other document.
12.11 These terms are not boilerplate. If you disagree with any of them, believe that
any should not apply to you, or wish to negotiate these terms, please contact Iconomi
via e-mail and immediately navigate away from the the website. Do not use the website
and/or products offered thereto until you and Iconomi have agreed upon new terms of