Anti-Money Laundering and Know You Customer
Your Customer Policy (hereinafter – “AML and KYC Policy”) is designated to prevent and mitigate possible risks of Brayzin being involved in any kind of illegal activity. Both international and local regulations require Brayzin to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, the proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.
This AML and KYC Policy applies to both natural and legal persons. Legal entities joining the Brayzin Public Sale, which is defined as making a Brayzin purchase in a specific method stated in clause 4 of this AML and KYC Policy, will receive purchased tokens to their wallet’s address after required AML and KYC procedures that include providing specific documents.
The following Terms and Conditions (“Terms”) constitute a legally binding agreement between the User, whether personally or on behalf of an entity (You, Your) and Brayzin. (“Brayzin”, “We,” “Our”, “Us” or “Company”) regarding Your access to Our Platform (the “Site” and/or web application “App”) as well as any other communication and interaction medium, such as social media channels, social networks, communities or mobile applications.
Your purchase and use of Brayzin Tokens (“BRZH”), during the Initial Coin Offer (the “ICO”) or after, in the primary or the secondary market, if made by the Company’s Platform, is subject to these Terms.
By purchasing BRZH, You acknowledge that You have fully read, understand, and irrevocably accept and agree to be bound by these Terms.
You must also monitor the Brayzin Platform for any announcements from the Company as they may add to, or change, these Terms from time to time. The Company reserves the right to change these Terms at its discretion, and with no need to provide any justification, by providing notice on the Brayzin Platform.
These tokens may be tradable on certain decentralized exchanges / centralized exchanges.
In these Terms and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
- “Affiliate” means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company;
- “BRZH” means the official token of Brayzin.
III. “AML” means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing;
- “Non-Cooperative Jurisdiction” means any country or territory that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering (“FATF”), or the European Union (“EU”), or the Organization for Economic Co-operation and Development (“OECD”).
- “Anti-Corruption” means all Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery;
- “Services” means any service or product made available to You on or through the Platform or provided to You by Us.
VII. “Copyrights” has the meaning of the exclusive ownership of all materials on the Platform and Brayzin.;
VIII. “CTF” means counter-terrorist financing and is an effort to avoid the flux of financial resources to terrorism activities. These efforts are materialized in a set of government laws, regulations, and other practices that are intended to restrict access to funds and financial services for those whom the governments designate as terrorists. By tracking down the source of the funds that support terrorist activities, law enforcement may be able to prevent some of those activities from occurring;
- “Digital Tokens” means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency.
- “Digital Tokens Address” means an alphanumeric identifier that represents a potential destination for a Digital Tokens transfer, which typically is associated with a user’s Digital Tokens Wallet;
- “Digital Tokens Wallet” means a software application (or another mechanism) that provides a means for holding, storing, and transferring Digital Tokens, including a user’s Digital Tokens Address, Digital Tokens balance, and cryptographic keys;
XII. “Economic Sanctions” means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to You or to the Platform;
XIII. “Fiat” means the money or currency of any country or jurisdiction that is: designated as legal tender; and, circulated, customarily used, and accepted as a medium of exchange in the country or jurisdiction of issuance;
XIV. “Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government-appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
- “Government Approval” means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under this Terms;
XVI. “Individual” is a Person capable to use the Platform and the Services according to these Terms;
XVII. “Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to You on the Platform;
XVIII. “Marks” means all the trademarks, service marks, and trade names, including both word marks and design marks that are related to Brayzin, Brayzin Platform;
XIX. “Person” includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities;
- “Prohibited Jurisdictions” means Cuba; Democratic People’s Republic of Korea (North Korea); Iran; Pakistan; Syria; the Government of Venezuela; and Crimea and the high-risk jurisdiction according to FATF list;
XXI. “Terms” means these terms and conditions, as they may be changed, amended, or updated from time to time, including the following other Platforms’ policies and pages;
XXII. “Service” means all the Services provided by Brayzin, from the Digital Tokens Wallet to the Platform itself, the Site, the transactions Platform, and the issuance of the BRZH;
XXIII. “Site” means the website from Brayzin where the Platform will be allocated and where the User will be able to access the Platform, transact and acquire BRZH;
XXIV. “User” means the Person who uses the Brayzin Platform and/or acquires, holds, uses, and transacts BRZH.
Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa, and words importing gender include all genders.
- PURCHASE LIMITATIONS, PROHIBITED JURISDICTIONS, ENTITIES, AND CITIZENS/NATIONALS
- Information contained in and the use of the Platform and the BRZH are not intended for distributing any kind of benefit or being used by any single person or entity in any jurisdiction or country where such distribution or use would be against its existing laws or regulations as well as any circumstance would subject us to any registration requirements within the territories of said jurisdiction or country. In fact, people who make their decisions to access the Platform are deemed to have the understanding of doing so on their own choices and therefore are legally eligible for compliance with local laws, assuming they are applicable to them to some extent.
- The marketing, issuance, offering, and sale of Brayzin Tokens is expressly being made in the permitted jurisdictions on the basis that Brayzin Tokens do not constitute a security, financial instrument, or other regulated investment or financial product in those jurisdictions such that a prospectus or other disclosure requirements and other investor safeguards and regulatory documents or licensing that are typically required in connection with a securities offering will not apply to the marketing, issuance, offering and sale of Brayzin Tokens in the permitted jurisdictions.
- Brayzin may also impose limits on certain features and services or restrict Your access to parts or to Our Platform without notice or liability. It is Your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
- Certain jurisdictions may expressly prohibit or restrict the offer, sale and/or purchase of cryptocurrencies and/or crypto assets. Some other jurisdictions have or may have been excluded from the Brayzin Tokens sale for other reasons, as determined by the Company in its sole discretion.
- Brayzin’s digital products are intended for international purchasers based worldwide, FATF high-risk jurisdictions, as well as any other country where the purchase of cryptocurrencies is legally forbidden, such as, but not limited to, China, Algeria, Bolivia, Ecuador, Morocco, and Pakistan, in addition to persons located in any of the jurisdictions blacklisted by the Organization for Economic Co-operation and Development and the United Nations and in those nations in which the regulation of securities forbid the public sale of Tokens without authorization of the local authority.
- Since the BRZH does not represent a security and is not a security/asset token, nonetheless the purpose of utilization in the Brayzin’s Platform, and the BRZH are non-convertible assets and the users are not able to claim any right against the Company, any of its assets or profits.
- Our Service is intended for users who are at least 18 years old. People under the age of 18 are not permitted to any form of using our Platform or acquire the BRZH.
- REPRESENTATION OR WARRANTY
- You expressly agree to (a) immediately notify Brayzin of any unauthorized use of Your Account password, and (b) ensure that You logout of Your Account at the end of each session.
- The Company reserves the right to deny or revoke registration or access to Password Protected Areas for any User.
- To access some of the Services, Users may need to enhance or update the hardware or software in their computer systems. Brayzin assumes no responsibility for any failure to access the Services, partially or fully, whether due to the User’s system, the Internet network, or any other cause.
- Brayzin does not guarantee that access to the Site or any of the Services will be uninterrupted or error-free. Nevertheless, Brayzin shall not be liable for any feature not being accessible or for any unavailability of the Services.
- You represent and warrant that:
(a) As an individual or entity You have the full legal capacity and sufficient authorizations to enter into these Terms;
(b) You acknowledge and agree that there are risks associated with purchasing, owning, and using BRZH;
(c) If You are an individual User, You are 18 years old or older and that you have the capacity to contract under applicable Laws of Your country;
(d) You have a sufficient understanding of technical and business matters (including those relevant to the features and use of BRZH and the Services, cryptocurrencies and crypto-assets, a Digital Token Wallet storage mechanism, and blockchain technology to understand these Terms and to appreciate the risks and implications of using Brayzin Tokens;
(e) You have obtained sufficient information about the Brayzin ecosystem and its Services and Platform to make an informed decision to purchase and use the Brayzin Tokens, the Platform, and the Services;
(f) You understand that possessing Brayzin Tokens confers only the right to use it as limited by the scope herein presented and confer no other rights of any kind with respect to the Platform or the Company, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary, or other financial or legal rights or interests, such as a representation of any asset or security;
(g) Your purchase of Brayzin Tokens complies with applicable Laws and regulations in Your jurisdiction, including, but not limited to: (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase tokens and entering into contracts with the Company; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; and (iii) any governmental or other authorization that may need to be obtained;
(h) You will comply with any applicable tax obligations in Your jurisdiction arising from Your purchase of Brayzin Tokens and will not claim any reimbursement, indemnification, or any action against Brayzin;
(i) If You are registering to buy, hold and use Brayzin Tokens on behalf of a legal entity, You further represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable Laws of the jurisdiction of its organization; and (ii) You are duly authorized by such legal entity to act on its behalf;
(j) If You are purchasing Brayzin Tokens on behalf of any entity, You must be authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for any breach of these
(k) If You hold a private account and purchase Brayzin Tokens on behalf of any entity or other individual, You will be notified to indicate who is the Ultimate Beneficial Owner of the Tokens. While we wait for your response, the account shall be suspended;
(l) You have obtained independent legal advice with respect to this platform, Digital Token, and Brayzin Services before accepting these Terms, and, in accepting these Terms, You further represent and warrant to the Company that You have been so advised to obtain independent legal advice, and that prior to accepting these Terms You have obtained independent legal advice, or have, in Your discretion, knowingly and willingly elected not to do so;
(m) You are not a citizen or resident of a geographic area in which access to, the use of, the acceptance of, or delivery of Brayzin Tokens is prohibited by applicable Law, decree, regulation, treaty, or administrative act, and if Your country of residence or other circumstances change such that the above representations are no longer accurate, You will immediately cease using and holding the Brayzin Tokens, the Services, and the Platform;
(n) You declare that none of the funds being used to purchase Tokens are to Your knowledge obtained or derived directly or indirectly as a result of illegal activities, especially money laundering, and the funds being used to purchase Brayzin Tokens which will be advanced by You under these Terms will not represent proceeds of crime for the purposes of the applicable Laws, rules, and regulations, including but not limited to the corruption, drug trafficking, terrorism, and other serious crimes
(o) Each user has the right to register just ONE account on the Platform The individual should not hold two accounts, especially if regarding the benefits of the affiliate program, even if it is of his or her own or of a company that he or she holds. Any violation on this matter will be taken as a fraud of the Brayzin system and shall be subject to the consequences herein provided, such as deletion of the account, retainment of the already paid amount, etc.
(p) You also agree to provide any information as may be requested by the Company from time to time for the purposes of complying with applicable laws, rules, and regulations, as well as requests from law enforcement agencies and regulators;
(q) You declare that You have not (i) violated; (ii) been fined, debarred, sanctioned, the subject of Economic Sanctions related restrictions; (iii) received any oral or written notice from any Government concerning actual or possible violation by You; or (iv) received any other report that You are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws;
(r) You declare that neither You nor any of Your Affiliates are: (i) itself or owned or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services from any Digital Tokens Wallet or Digital Tokens Address, that is likely to result in You or Your Affiliates becoming a Sanctioned Person; or (iii) residing or domiciled in, or transferring Digital Tokens, Fiat, funds, or property to, from, or through any Digital Tokens Wallet, Digital Tokens Address, or another account in, a Prohibited Jurisdiction or Government or Government Official of a Prohibited Jurisdiction; (iv) a Politically Exposed Person;
(s) You declare that neither You nor any of Your Affiliates have directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including any Digital Tokens, to a Government Official or individual employed by another entity in the private sector in violation of any applicable Anti-Corruption Laws;
(t) That You will not falsify any Digital Tokens Wallet registration or administration details provided to Brayzin;
(u) Your participation in connection with any initiatives with the Brayzin Tokens Sale, such as bonuses or airdrops (if these are implemented at the Company’s sole discretion), is lawful; and
(v) All information given by You is true, complete, valid, and not misleading in any respect.
- To obtain access to the purchased BRZHS You must have a Digital Token Wallet that supports the Brayzin Tokens. There will be no refunds on the operations and transfers of the Brayzin Tokens purchase. The Company is not responsible for any delays, losses, costs, or other issues arising from the failure to provide, or provide an inaccurate or incomplete wallet address, the incorrect use of the Digital Tokens Wallet and/or the Platform itself. The Company is not responsible for any reimbursement on the operations made by the Users.
- You may not:
(a) Use the Platform in order to disguise the origin or nature of illicit proceeds of or to commit any breach of applicable Laws, or to transact or deal in any contraband, using Digital Tokens, Fiat, funds, property, or proceeds, especially the BRZH;
(b) Use the Platform if any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to You or any of Your Digital Tokens Wallet(s) or Digital Tokens Address(es) under these Terms;
(c) Use the Platform, or any financial services of any U.S. Financial Institution, whether or not an Affiliate or Associate of Brayzin, to facilitate, approve, evade, avoid, violate, attempt to violate, aid, or abet the violation of, or circumvent any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws;
(d) Use the Platform to interfere with or subvert the rights or obligations of Brayzin or the rights or obligations of any other Site, User or any other third party or cause legal liability for Brayzin, other Site or User;
(e) Take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Site;
(f) Use the Platform to engage in conduct that is detrimental to Brayzin or any other Site user or any other third party;
(g) Use the Platform to (i) engage or attempt to engage in wash trading, pump and dump, churning, bear raiding, spoofing, stop hunting, whale walls, stimulate FUD, fictitious trading, any means of price manipulation; (ii) enter orders or quotes in any Digital Token market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or (iii) enter orders or quotes in any Digital Token market with the intent of creating the false impression of market depth or market interest;
(h) Falsify any account, Digital Tokens Wallet, or Digital Tokens Address registration, exchange, or administration details provided to Brayzin, impersonate another Person or misrepresent Your affiliation with a Person;
(i) Falsify or materially omit any information or provide misleading or inaccurate information requested by Brayzin, including at registration or during the course of administering any Services to You;
(j) Cause injury to, or attempt to harm, Brayzin or any third party through Your access to the Site or any Services;
(k) Have more than one account and more than one Digital Tokens Wallet on the Site, or use any Digital Tokens Wallet on a one-time, ‘throwaway’ basis; any such additional Digital Tokens Wallets or one time ‘throwaway’ Digital Tokens Wallet may be terminated or suspended at the absolute discretion of Brayzin;
(l) Where You are subject to prohibitions or restrictions as set forth in this Terms, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising Your IP address or location (such as VPN services), or access the Site or use any Services using a Digital Tokens Address in or subject to the jurisdiction of any Prohibited Jurisdiction or Government or Government Official thereof; and,
(m) Violate, cause a violation of, or conspire or attempt to violate these Terms and the applicable Laws.
- A violation of any of these Terms may result in the termination of the User’s account or access to the Platform. Any attempt by You to disrupt or interfere with the services, including without limitation undermining or manipulating the legitimate operation of any site or app, is a breach of these Terms and may be a breach or violation of criminal and civil laws.
III. RISKS AND LIMITATIONS OF LIABILITIES
- The Company has made and will continue to make efforts to include accurate and up-to-date information on the Platform. However, Brayzin cannot guarantee that the information posted on the Platform is accurate, complete, or suitable for any purpose. In no event will Brayzin, its directors, officers, employees, contractors, agents be liable for any incidental, special, consequential, or indirect damages or any direct damages that result from the use of the performance of Services, or any failure in the Services.
- User assumes total responsibility for the use of the Services. The Company may alter or remove materials from this site at any time.
- You understand and agree that We, Our subsidiaries, affiliates, and licensors will not be liable to You or any third party for any indirect, incidental, special, consequential, or exemplary damages which You may have, including, but not limited to, any loss of profits (both directly and indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
- There are risks associated with using or accessing the Platform, including, but not limited to, the failure of hardware, software, and Internet connections. The Company is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any disruption, distortion, or delay in its delivery or receipt, howsoever caused. You are solely responsible for backing up and maintaining duplicate copies of any information You store on or transfer through the Platform.
- You acknowledge that information transmitted over the Internet (including communications by email) or Blockchain may be susceptible to unlawful access and monitoring. Further, You acknowledge that the transmission of data or information over the Internet may result in loss, interception, or alteration while in transit and that all such information shall not be deemed confidential, and the Company does not have any fiduciary obligation with respect to such transmitted information.
- By holding Brayzin Tokens, You acknowledge that You understand that while every effort will be made to further develop the Platform, it is possible that proposed post-launch developments or enhancements will never be realized.
- The Brayzin Tokens will be stored in a wallet (such as TrustWallet e MetaMask), which can only be accessed with a password selected by You. If You do not maintain an accurate record of the password, this may lead to the loss of Your tokens. If Your password protection is weak and is cracked or learned by somebody else, this may also lead to the loss of tokens.
- DISCLAIMER OF WARRANTIES
- The Platform, the Services, and any purchased Brayzin Token are provided to the fullest extent legally permissible to You “as is” and on an “as available” basis with no warranty of any kind either, statutory, expressed, or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. You assume all responsibility and risk with respect to Your use of the Platform, the Services, and the purchase and use of Brayzin Tokens.
- The Company does not represent or warrant that the information, software, services contained in or provided by the platform complies with any applicable laws or accounting rules.
- You understand and expressly agree that the Company does not represent, warrant, or guarantee in any way that Brayzin Tokens might be sold or transferred, or be saleable or transferable, or there is an ability or will be a platform to exchange Brayzin Tokens for fiat currencies, other cryptocurrencies or cryptographic tokens, during or after the Brayzin Tokens sale. The Company further does not make any representations or warranties with respect to the regulatory oversight or the use or security of any such exchange.
- The Company does not guarantee that the Platform and Services it provides cannot be illegitimately duplicated (either in part or in full) by a third party without the Company’s prior written consent.
- If applicable law does not permit all or any part of the above exclusion of warranties or disclaimer of implied terms in contracts to apply to You, the limitations, exclusions, and disclaimers will apply to You only to the extent permitted by applicable law.
- If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms or any applicable law and cannot be excluded (a “non-excludable provision”), and the Company is able to limit Your remedy for a breach of the non-excludable provision, then the liability of the Company for breach of the non-excludable provision is limited to the amount of the transaction that raised the issue.
- You agree to indemnify and defend Us, including Our affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by Third-Party arising out of or as a result of or relating in any manner to a claim relating to:
(a) Use of the Site,
(d) Your violation of the rights of a third party, including but not limited to intellectual property rights.
- Notwithstanding the foregoing, we reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- INTELLECTUAL PROPERTY RIGHTS
- The trademarks, service marks, and trade names, including both word marks and design marks (the “Mark(s)”) are the property of Brayzin or other third parties. You agree not to appropriate, copy, display or use the Marks or other content without express, prior, written permission from Brayzin or the third-party owner of the Marks, including without limitation, as a domain name, as social media profile/handle, on a Site, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in metadata or code, or in any other manner.
- Unless otherwise indicated, all materials on the Site are copyrighted by and owned exclusively by Brayzin (“Copyrights”). Brayzin reserves all rights in its Copyrights. You agree not to appropriate, copy, display or use the Copyrights or other content without express, prior, written permission from Brayzin.
- You may link to the Site’s homepage or other pages, provided You do so in a way that is fair and legal and does not damage Brayzin’s or its Affiliates, shareholders and/or founders’ reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Brayzin’s part without prior, express, written consent.
- The Site and Services are owned by Brayzin, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to You in these Terms are reserved by Brayzin. Except as expressly authorized by Brayzin or its licensors, You will not (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform or Service in any way; (b) copy, modify, republish, distribute, or make derivative works based upon the Platform or Service; (c) “frame” or “mirror” the Platform or Service on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Platform or the Services in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Site or Service, or (iii) copy any ideas, features, functions, or graphics of the Platform or Service.
- Notwithstanding anything contained herein, The Company reserves the right, without notice and in its sole discretion, to terminate these Terms, suspend Your right to access the Platform or Services, and all related information and files without liability to You, at its sole discretion, including but not limited to, in case of Your breach of these Terms or if The Company believes You have committed fraud or other misconduct.
- Brayzin may, in its discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of the Platform or Services. In the event, The Company terminates these Terms, revokes Your right to use or access the Platform or Services, to the extent permitted under Applicable Law
- These Terms are intended to fully reflect the terms of the agreement between the Parties and shall supersede any previously or contemporaneously agreed-upon terms or understanding. No provision of these Terms shall be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in these Terms, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of these Terms will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.
- The Company may, at its sole discretion, assign any of its rights and/or delegate its duties under these Terms (including, but not limited to any and all intellectual property rights in or to all technology, software, and code relating to the Platform and Services). You may not assign Your rights or delegate Your duties as a user of the Platform or Services, or as a purchaser of Brayzin Tokens, and any assignment or delegation without the written consent of the Company, which the Company may withhold at its sole discretion, shall be null and void.
- If any term, provision, covenant, or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants, and restrictions without including any of such that may be hereafter declared invalid, illegal, void, or unenforceable.
- The Company makes no representations concerning the tax implications of the sale or acquisition of Brayzin Tokens or the possession or use of them. You bear the sole responsibility to determine if the purchase of Brayzin Tokens with cryptocurrency or the potential appreciation or depreciation in the value of Brayzin Tokens over time has tax implications for you in your home jurisdiction.
- By purchasing Brayzin Tokens, and to the extent permitted by law, you agree to be solely responsible for any applicable taxes imposed on and agree not to hold the Company liable for any tax liability associated with or arising from your purchase, possession, or transfer of Brayzin Tokens. All fees and charges payable by You to the Company are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon the Company’s request, you will provide any information it reasonably requests to determine whether it is obligated to collect taxes and fees from You. If any deduction or withholding is required by Applicable Law, you will notify the Company and will pay the Company any additional amounts necessary to ensure that the net amount that the Company receives, after any deduction and withholding, equals the amount the Company would have received if no deduction or withholding had been required. Additionally, you will provide the Company with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority. To the extent the Company is responsible for remitting any withholding taxes or value-added or similar taxes, your allocation of Brayzin Tokens shall be reduced to the extent such taxes are required to be remitted by the Company. The Company wishes to make you aware that future use of the Brayzin Tokens by you when transacting with the Company may result in withholding taxes, value-added tax and/or similar taxes being imposed. You will be responsible for such taxes, however, where the Company is responsible for remitting taxes, the amount of taxes shall be deducted from the fees otherwise due and payable by you in connection with your transactions with the Company.
- The Company and its Affiliates strictly follow anti-money laundering (AML), “know-your-customer” (KYC), and other compliance procedures as required by Applicable Law or otherwise as determined by the Company from time to time. You fully agree to assist the Company in fulfilling the Applicable Law and the Company’s compliance best practices, to the extent that they supersede requirements imposed by Applicable Law, provide any necessary information if such is required from you by the authorized authority. You shall provide all documentation required and requested by the Company to undertake and pass all due diligence, know-your-customer, and anti-money laundering checks (“AML/CFT Checks”) required for your purchase of the Brayzin Tokens. You agree and acknowledge that your purchase of the Brayzin Tokens is subject to the requirement that you pass all AML/CFT Checks.
- These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the Canton of Zug, Switzerland, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of the Services must be brought solely and exclusively in state or federal court located in the Canton of Zug, Switzerland, and each party irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in persona, generally and unconditionally, with respect to any action, suit, or proceeding brought by it or against it by the other party.
- These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. No right or remedy conferred by these Terms is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
- If You are uncertain as to whether or not Your use of the Services involves a Prohibited Use, or have questions, please contact Us at: info@Brayzin.io.