Terms and Conditions

These terms (“Terms”) govern the use of services (“Services”) provided by Aragon Association and all platforms affiliated with Aragon Association (“Aragon”, “we”, “us”, “our”), including but not limited to the Aragon Websites, all their Subdomans and affiliated applications  [www.aragon.org; www.mainnet.aragon.org; forum.aragon.org; wiki.aragon.org; anj.aragon.org; transparency.aragon.org; conviction.aragon.org, vocdoni.app], its Application [client.aragon.org], Twitter [twitter.com/AragonProject], Reddit [reddit.com/r/aragonproject/], Telegram [t.me/aragonproject] and Discord [discord.gg/74VN9zVt] (collectively “Platforms”).

These terms are binding on the users of Aragon and its Platforms (“you”, “your”, “user(s)”) which includes, but is not limited to, any person or entity who accesses, browses or uses in any form the services (“Services”) provided by us, through our Platforms.

By accessing the Services provided by our Platforms, you expressly consent to the Terms and Conditions contained herein and understands its meaning and intent. Please read these Terms and Conditions and our Privacy Policy [https://aragon.org/privacy-policy] carefully before using our Platforms or the Services provided by us. final, and there shall be no refunds or cancellations, except as may be required by applicable law or regulation or unless expressly agreed upon by us in writing. 

GENERAL

1. You agree and acknowledge that the use of the Platforms or Services solely at your own risk and responsibility and that we bear no responsibility or liability for your use of the Services including, without limitation, for any harm, loss, or damages arising from the incorrect use of the Services, including constructed transactions, network, and technical failures, unauthorized access to any user wallets, legal and regulatory matters and consequences, or fraud conducted by third parties.
2. You agree and acknowledge that you will not use the Platforms or Services (i) in a manner that violates any applicable law or regulation; (ii) to fund terrorism or other criminal activity; (iii) to circumvent any export restrictions or economic sanctions; or (iv) to engage in unlawful money transmission, currency exchanging, or money laundering. Please note that you may not be eligible to use the services if you are restricted or prohibited by any applicable laws and regulations.
   

RISKS ASSOCIATED WITH USE SERVICES

1. There are certain risks associated with the use of the Services as well as purchasing, owning and using Tokens for the receipt of Services. 
2. By purchasing these Tokens, you acknowledge that you have read these Terms, and you agree to assume these risks. 
3. You are responsible for implementing reasonable measures for securing your wallet, vault or other storage mechanisms you use to receive and hold Tokens purchased, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). 
4. If your private key(s) or other access credentials are lost, you may lose access to your Tokens. We are not responsible for such losses, costs, expenses or any other similar loss relating to lost access credentials. 
5. If you intend to purchase Tokens, you must execute the payment to the multi-signature address specified. If you make payment to any other address or entity which is not specified by us, you agree and acknowledge that such payments shall not be received, and we shall not be under any obligation whatsoever to deliver any Tokens to you. 
6. We shall have no obligations in any form or whatsoever to you regarding such payment. We reserve the right not to deliver any Token until the purchase request has been received in full and the amount quoted for your purchase request, ie, the Purchase price has been fully paid. 
7. We reserve the right to declare your purchase request void and refuse your payment. In order to avoid any doubt, the purchase price shall be deemed to be paid in full as soon as we receive three network confirmations of the transaction. 
8. We reserve the right to sole and absolute discretion regarding modification of the any timelines described herein, to account for network congestion or other technical challenges.
9. We shall not be  responsible for any amount received from an incompatible wallet or Smart Contract account resulting in “lost” tokens that cannot be withdrawn from the account.
10. All Token purchases from us are final, and there shall be no refunds or cancellations, except as may be required by applicable law or regulation or unless expressly agreed upon by us in writing. 
11. To the extent permitted by the applicable laws, all risks in relation to any refund of payment made during the Token sale shall be borne solely and absolutely by you. We  reserve the right to refuse or cancel any token purchase requests at any time at our sole and absolute discretion.
12. Please acknowledge that any amount paid for Tokens is exclusive of all applicable taxes. Determination of  applicable taxes to purchase tokens, including but not limited to value added tax, sales tax, tax on use or any other similar tax, is solely your responsibility and we shall not be held liable for the same.  
13. It is also your entire responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. We shall not be responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from your purchase of Tokens.

USER CODE OF CONDUCT

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Obligations and Prohibited Actions:

1. You shall not use any material that is false, offensive, harmful, obscene or pornographic, hateful, defamatory, libellous, derogatory, abusive, threatening, or in any other way illegal or infringing upon the legal rights of others, or in violation of this clause.
2. You shall be civil and respectful of other Users and shall not display toxic, trolling or behaviours that lead to harassment of any kind, including but not exclusively mental or emotional.
3. You shall not impersonate any other natural or legal person, and use their identification or contact details, create accounts in their name, or falsely state or misrepresent any association or affiliation with such persons.
4. You shall not interfere with security-related features of the Platforms, including but not limited to: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platforms except to the extent that the activity is expressly permitted by applicable law. Any attempt at such interference shall attract a ban from the Platforms. 
5. You shall not collect, generate, affect in any way usernames  or email addresses using bots or any other methods or sell or transfer the User profile to any person or entity without our written permission.
6. Spamming which shall include but is not restricted to excessive use of capital letters; repetition of text, and exclamation points on the site interferes with the use of service and is prohibited.

ISSUANCE AND USE OF ARAGON TOKENS

1. The purpose of the Aragon’s tokens (“Tokens”) is to be used in a blockchain platform developed by us for the rendering  the Services. 
2. The purchase, ownership, receipt or possession of Tokens carries no rights, express or implied, other than the right to use Tokens as a means to enable usage of and interaction with the Aragon Network, if successfully completed and deployed. 
3. You understand and accept that Tokens:

1. The Tokens are not and are not intended to be a digital currency, security, commodity or any kind of financial instrument.
2. We reserve the right to migrate the Tokens to another protocol in the future, in our  reasonable discretion, for the operation of the Platform and Services.
3. The Tokens are not being structured or sold as securities or any other form of investment product. The information provided is not intended to form the basis for any investment decision and no specific recommendations. 
4. We shall not be responsible for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from (i) reliance on any information provided, (ii) any error, omission or inaccuracy in any such information; or (iii) any action resulting from such information. 
5. By purchasing, owning, and using Tokens, you expressly acknowledge and assume the risks concerning losing access to tokens due to loss of Private Key(s), custodial error or purchaser error and risks related to the protocol; Risk of mining attacks; risk of hacking and security weaknesses; risks associated with markets for tokens; risk of uninsured losses; risks associated with uncertain regulations and enforcement actions; risks arising from taxation; risk of competing platforms; risk of insufficient interest in the platform or distributed applications; risks associated with the development and maintenance of the Platforms; risk of an unfavourable fluctuation of ETH or BTC value; risk of dissolution of the Aragon or Platform; risks arising from lack of governance rights and any other such unanticipated risks.

THIRD-PARTY SERVICES 

1. We may use third-party sites, services or resources and make no representation or warranties of any kind regarding any site, service, or resource provided by a third party, including, but not limited to, any representations or warranties regarding its accuracy, completeness, usefulness, security, or legitimacy. 
2. We have no control over third-party sites, services, and resources, and we are not responsible for any harm, loss, or damage that may arise from your use of such services. If you decide to access any of the third-party sites, services, or resources, you do so entirely at your own risk and subject to the terms and conditions for such sites, services, or resources.

PRIVACY POLICY

1. In order to use the Services you may be required to register at our  Platform and provide the necessary information requested by us on the Platform, for the purpose of verifying your identity according to the law. 
2. By using the Services, you agree to provide us with requisite information promptly upon request. Please consult our Privacy Policy at aragon.org/privacy-policy.

DENIAL OF ACCESS AND TERMINATION

1. We reserve the right to terminate the use of our Platforms and Services and restrict you from such use if you are found to be in breach of these Terms.
2. In case of termination, we shall not liable for any loss of information, damage or any other loss of similar nature. 

REPRESENTATIONS AND WARRANTIES

1. You represent and warrant that you have read and understood these terms and conditions and you acknowledge and agree that there are risks associated with the services and acquisition of tokens, owning tokens and using tokens for the provision or receipt of services in the ecosystem including (but not necessarily limited to) the risks described above;
2. You represent and warrant that you have a sufficient understanding of technical and business matters (including those that relate to the Services) cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to appreciate the risks and implications of purchasing the Tokens;
3. You represent and warrant that you understand the restrictions and risks associated with the creation of Tokens as set forth herein, and acknowledges and assumes all such risks;
4. You represent and warrant that you have obtained sufficient information about the Tokens, the Services  and the Platforms to make an informed decision to purchase the Tokens;
5. You represent and warrant that you understand that the Tokens confer only the right to provide and receive Services and do not confer other rights of any form with respect to our Platforms, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
6. You represent and warrant that you are purchasing Tokens solely for the purpose of receiving Services, participating in our project, and supporting the development, testing, deployment and operation of Aragon;
7. You represent and warrant that you are aware of the commercial risks associated with our project, and you are not purchasing Tokens for any other purposes, including, but not limited to, any investment, speculative or financial purpose;
8. You represent and warrant that your purchase of 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 of the Tokens and entering into contracts with us; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; and (iii) any governmental or other consents that may need to be obtained;
9. You represent and warrant that you will comply with any applicable tax obligations in your jurisdiction arising from your purchase of Tokens;
10. You represent and warrant that, if you are purchasing Tokens on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity;
11. You represent and warrant that you are not resident, domiciled, or purchasing Tokens from a jurisdiction that prevents the acquisition of Tokens.
12. You represent and warrant that you have obtained independent legal advice with respect to same before accepting these Terms, and, in accepting these Terms.
13. You represent and warrant that you are not a citizen or resident of a geographic area in which access to or use of the Services or the acceptance of delivery of the 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 the Services;
14. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that:  

1. You represent and warrant that none of the funds being used to purchase the Tokens are to your knowledge proceeds obtained or derived directly or indirectly as a result of illegal activities, and the funds being used to purchase the Tokens which will be advanced by you under these Terms will not represent proceeds of crime as per the anti-money laundering and countering the financing of terrorism (AML/CFT) and you acknowledge that we may in the future be required by law to disclose your name and other information relating to these Terms, on a confidential basis, pursuant to the (AML/CFT), and to the best of the your knowledge, none of the funds to be provided by you, are being tendered on behalf of a person or entity who has not been identified to you, and you will promptly notify us, if you discover that any of such representations cease to be true, and will promptly provide the Company with all necessary information in connection therewith.

INDEMNIFICATION

1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Aragon 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 (the “Company Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to:

DISCLAIMERS

1. YOU REPRESENT AND WARRANT AND COVENANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, THE TOKENS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ARAGON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;  WE DO NOT REPRESENT OR WARRANT THAT THE TOKENS ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE TOKENS WILL BE CORRECTED; AND WE (III) ARAGON CAN NOT AND DOES NOT REPRESENT OR WARRANT THAT THE TOKENS OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. THESE TERMS DO NOT CONSTITUTE A PROSPECTUS, AN OFFER DOCUMENT OF ANY SORT, OR ARE INTENDED TO CONSTITUTE AN OFFER OF SECURITIES OR A SOLICITATION FOR INVESTMENT IN SECURITIES IN ANY JURISDICTION. IF YOU DECIDE TO PARTICIPATE AND PURCHASE TOKENS, PLEASE NOTE THAT YOUR CONTRIBUTION DOES NOT REPRESENT, CONSTITUTE OR INVOLVE THE EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF SECURITIES, INVESTMENT UNITS AND/OR FORM OF ORDINARY SHARES IN THE PROJECT, ON ANY PLATFORM, IN ARAGON, OR ANY OTHER RELATED COMPANY.
3. THE TOKENS ARE NOT INTENDED TO CONSTITUTE SECURITIES AND/OR COLLECTIVE INVESTMENT UNITS IN ANY PROJECT, PLATFORM OR COMPANY. THE TOKEN HOLDER DOES NOT RECEIVE ANY FORM OF DIVIDEND OR OTHER REVENUE RIGHTS, NOR DOES IT REPRESENT ANY PARTICIPATION IN A PROFIT-SHARING SCHEME. THESE TERMS AND CONDITIONS IN ANY PART THEREOF AND ANY COPY THEREOF MUST NOT BE TRANSMITTED TO ANY COUNTRY WHERE DISTRIBUTION OR DISSEMINATION OF THESE DOCUMENTS AND ITS INFORMATION IS PROHIBITED OR RESTRICTED. NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED TO THIS DATE OF ANY OF THE INFORMATION SET OUT IN THIS DOCUMENT. THE PUBLICATION, DISTRIBUTION OR DISSEMINATION OF THESE TERMS DO NOT IMPLY THE APPLICABLE LAWS.
4. REGULATORY REQUIREMENTS OR RULES HAVE BEEN COMPLIED WITH TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, REGULATIONS AND RULES, ARAGON, ITS FOUNDERS, TEAM MEMBERS AND ANY THIRD PARTY INVOLVED IN THE PROJECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OF ANY KIND, IN TORT, CONTRACT OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, INCOME OR PROFITS, AND LOSS OF USE OR DATA), ARISING OUT OF OR IN CONNECTION WITH ANY ACCEPTANCE OF OR RELIANCE ON THESE TERMS, OR ANY PART THEREOF AND/OR INFORMATION PROVIDED ON THE WEB PAGE HTTPS://ARAGON.ORG/EN/NETWORK/ 
5. ALL STATEMENTS CONTAINED IN THESE TERMS, WEBPAGE, STATEMENTS MADE IN PRESS RELEASES OR IN ANY PLACE ACCESSIBLE BY THE PUBLIC AND ORAL STATEMENTS THAT MAY BE MADE BY ARAGON, ITS FOUNDERS, TEAM MEMBERS AND ANY THIRD PARTY INVOLVED IN THE PROJECT AND ACTING ON BEHALF OF ARAGON, THAT ARE NOT STATEMENTS OF HISTORICAL FACT CONSTITUTE “FORWARD-LOOKING STATEMENTS”. ALL STATEMENTS REGARDING THE COMPANY, FINANCIAL POSITION, BUSINESS STRATEGIES, PLANS AND PROSPECTS AND THE PROSPECTS OF THE INDUSTRY WHICH ARAGON IS IN ARE “FORWARD-LOOKING STATEMENTS.”
6. NEITHER ARAGON, ITS FOUNDERS, TEAM MEMBERS, ANY THIRD PARTY INVOLVED IN THE PROJECT NOR ANY OTHER PERSON REPRESENTS, WARRANTS AND/OR UNDERTAKES THAT THE ACTUAL FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS OF ARAGON WILL BE AS DISCUSSED IN THESE “FORWARD-LOOKING STATEMENTS.” NO INFORMATION IN THESE TERMS SHOULD BE CONSIDERED TO BE BUSINESS, LEGAL, FINANCIAL OR ADVICE REGARDING CONTRIBUTION OR PARTICIPATION TO THE DEVELOPMENT OF THE ARAGON NETWORK AND ANY OF ITS PROJECTS.  ARAGON DOES NOT MAKE OR INTENDS TO MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE TRUTH, ACCURACY, AND COMPLETENESS OF ANY OF THE INFORMATION SET OUT IN THESE TERMS. THE INFORMATION CONTAINED ON THESE TERMS AND CONDITIONS ARE OF DESCRIPTIVE NATURE ONLY.

LIMITATION OF LIABILITY

1. To the fullest extent permitted by applicable law,  in no event we or any of the Company Parties shall be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of the tokens or otherwise related to these terms, 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 regarding the possibility of such damages and regardless of whether such damages were foreseeable). 
2. In no event will the joint aggregate liability of the Company Parties and us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of or inability to use the tokens, exceed the amount you paid to Aragon for the tokens.

RELEASE

To the fullest extent permitted by applicable law, you release us and our Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.

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GOVERNING LAW AND DISPUTE RESOLUTION

• Any claims, disputes and controversies arising out of these Terms or in connection with the access or use of Aragon Court shall be settled in the Aragon Court following the dispute process established herein. 
• Notwithstanding the above, if a party wished to bring such a claim, dispute or controversy in court, it shall do so in the Court of the city of Zug (Switzerland) and these Terms shall be governed by and construed and enforced in accordance with the laws of Switzerland. However, we retain the right to bring any suit, action or proceeding against You, in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
• Waiver of Class Action - You waive off any/all right of class action lawsuit, class-wide arbitration and/or in any other proceeding in which either party acts or proposes to act in a representative capacity shall only bring claims in an individual capacity through individual arbitation. 
• Any cause arising out of these Terms shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

SEVERABILITY

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

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MISCELLANEOUS

1. Entire Agreement- These Terms (and the documents referred to herein) constitute the entire agreement relating to your purchase of Tokens. We may assign rights and obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
2. Rights Reserved - We reserve the right to modify, update and/or change the Terms contained herein from time to time. Such changes shall be reflected in our Terms and Conditions, and continuing usage shall imply acceptance of the new Terms.  
3. We shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond reasonable control. 
4. Purchasing Tokens from us does not create any form of partnership, joint venture, or any other similar relationship between you and us. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and are not intended to confer third-party beneficiary rights upon any other person or entity. 
5. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.

CONTACT INFORMATION

If you have any questions about these Terms, feel free to write or contact us on: transparency@aragon.org.