Posted: December 10, 2018
Last Updated: December 10, 2018
Welcome to QUASA!
The name of the company: Quasa International GmbH
The Company has its registered seat in Frankfurt am Main
The national business address of Quasa International GmbH is: Mainzer Landstraße 69, 60329 Frankfurt am Main, Deutschland
Customer Consent We receive a customer consent before processing personal data. It is a separate checkbox before requesting a verification, so, a user clearly understands, what exactly he or she agrees with.
By transferring Ether (“ETH”) to the Smart Contract System and distributing QUASA Tokens (“QUA”), the User understands and accepts that the User makes a contribution into a Smart Contract System for the development of the QUASA value-creating tools (“Contribution”), further described in the QUASA Whitepaper. For the Whitepaper and/or further information on QUASA, visit: https://quasa.io . The information contained in the Whitepaper and on the website are of descriptive nature only, are not binding and do – unless explicitly referred to herein – not form part of the Terms as set forth below.
The User understands and accepts that while the individuals and entities, including QUASA, assigned to this task will make reasonable efforts to develop and complete the QUASA service, it is possible that such development may fail and User’s QuasaCoin become useless and/or valueless due to technical, commercial, regulatory or any other reasons (see also section 5 regarding Risks).
The User is also aware of the risk that even if all or parts of the QUASA service are successfully developed and released in full or in parts, due to a lack of public interest, the QUASA service could be fully or partially abandoned, remain commercially unsuccessful or shut down for lack of interest, regulatory or other reasons.The User therefore understands and accepts that the transfer of ETH to the Smart Contract System and the distribution of QUA by the Smart Contract System carry significant financial, regulatory and/or reputational risks (including the complete loss of value of created QUA if any, and attributed features of the QUASA service).
By transferring ETH to the Smart Contract System, the User expressly agrees to all of the terms and conditions set forth in Smart Contract System Code existing on the Ethereum blockchain and in this document (together the “Terms”), which is incorporated by reference herein. This document does not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an initial public offering or a share/equity offering and does not pertain in any way to an offering of securities in any jurisdiction. It is a description of the functionality of a Smart Contract System.
By transferring ETH to the Smart Contract System and receiving QUA, no form of partnership, joint venture or any similar relationship between the Users and QUASA and/or other individuals or entities involved with the deployment of the Smart Contract System and the setting up of the QUASA service is created.
The Contribution into the Smart Contract System will not involve any fiat currencies and will strictly be done in cryptocurrencies (ETH).
Creation and Allocation of QUA: The creation and allocation of QUA is initiated by the User sending an amount of ETH to the Smart Contract System, located on the Ethereum blockchain at the address set forth, which triggers a smart contract operation. After the confirmation of the transaction, the Smart Contract System creates and allocates the corresponding QUA to the
User’s wallet address, from where the ETH were sent from. User must assure to make his contribution using an ETH address to which they hold the according private key (e.g. not an address of a currency exchange or wallets that doesn't support QUASA tokens yet). Issuance of QUA (meaning that respective entries of the Public Key (PUK) of User) are made by the Smart Contract System on the blockchain according to the allocation information in the Smart Contract System.
No Refund: The User may purchase the QuasaCoin digital token through the Initial Coin offering
(hereinafter ‘ICO’) during the period of the ICO from 29/11/2017 to hard cap (hereinafter ‘ICO
The soft cap is 1000 ETH, the hard cap is 15623 ETH.
The specified ICO period consists of three stages: a secret round, a preICO, and an ICO
The secret stage was held from 29/11/2017 to 15/01/2018, soft cap - 290 ETH, hard cap 300 ETH.
Reached hard cap, collected 300.79 ETH.
The PreICO stage was conducted from 15/01/2018 to 15/02/2018, soft cap - 590 ETH, hard cap - 600
ETH. Achieved hard cap, 603.10 ETH collected
The ICO stage takes place from 15/02/2018 to hard cap. Soft cap on the date of 10/15/2018 reached.
The User understands and accepts that all Contributions for QUA are final and may not be reversed, except in case Contributions have surpassed the Hard Cap. User therefore shall assure to make his Contribution using an ETH address to which they hold the according private key. Other Contributions are non-refundable. By contributing for QUA, the User acknowledges that he has no right to request a refund for any reason, and that the User will not receive money or other compensation for any QUA that is not used or remains unused.
Assure to use the original Smart Contracts: Only the Smart Contract(s) existing at the address set forth will issue QUA during the Contribution Period. Access to this Smart Contract will be available through 0x4dAeb4a06F70f4b1A5C329115731fE4b89C0B227. User shall examine Smart Contract program code at https://github.com/quasagroup/contracts. To the extent that any third-party website, service or smart- contract offers QUA during the Contribution Period and/or facilitates the allocation or transfer of QUA in any way during the Contribution Period, such third-party websites or services are not authorized by QUASA and have no relationship in any way with QUASA.
Assure to use the original Smart Contracts: Only the Smart Contract(s) existing at the address set forth will issue QUA during the Contribution Period. Access to this Smart Contract will be available through 0x0c>>>>>>>>>>>>>>196Ba1. User shall examine Smart Contract program code at https://github.com/quasagroup/contracts. To the extent that any third-party website, service or smart-contract offers QUA during the Contribution Period and/or facilitates the allocation or transfer of QUA in any way during the Contribution Period, such third-party websites or services are not authorized by QUASA and have no relationship in any way with QUASA.
Representation and Warranties of User By transferring ETH to the Smart Contract System and creating QUA, the User represents and warrants that:
the User is not a citizen or resident of a country, whose legislation conflicts with the present allocation of QUA and/or the QUASA service in general;;
the User is not a citizen or resident of the USA, Hong Kong, South Korea, Republic of Singapore or Federation of St. Kitts and Nevis;;
the User has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like bitcoin (BTC) and Ether (ETH), and blockchain-based software systems;
the User has carefully reviewed the code of the Smart Contract System located on the Ethereum blockchain and fully understands and accepts the functions implemented therein;
the User is legally permitted to transfer ETH to the Smart Contract System, create and obtain QUA in the User’s jurisdiction;
User will contribute ETH from a wallet respectively within a wallet or wallet service provider that technically supports the QUA. User understands and accepts, that failure to assure this may have the result that User will not gain access to his QUA;
User understands and accepts, that if he exceeds with his Contribution the Hard Cap as described within section, the total amount of his Contribution will not be accepted by the Smart Contract System. User further understands and accepts, that in such case the Gas necessary for the transaction will be lost.
the User is legally permitted to receive software and contributing to the Smart Contract System for the development of the QUASA service;
the User is of a sufficient age to legally create and obtain QUA;
the User will take sole responsibility for any restrictions and risks associated with the creation of QUA by the Smart Contract System as set forth below;
the User is not submitting ETH to the Smart Contract System to obtain QUA for the purpose of speculative investment;
the User is not obtaining or using QUA for any illegal purposes;
the User is purchasing the functionality of the QUA issued by the Smart Contract System primarily to support the development, testing, deployment and operation of the QUASA service, being aware of the commercial risks associated with the QUASA service;
Early Termination of the Contribution Period: During the Contribution Period, QUASA may at any time stop the contribution function at its own discretion and thereby end the Contribution procedure, in particular for security reasons. Any substantial changes in terms and conditions of ICO/pre-ICO communicate to token purchasers (by e- mail or through the QUASA Twitter account at https://twitter.com/quasagroup).
Unsolicited Idea Submissions
We are always happy to hear from our Users and are grateful for your comments and suggestions how to improve our Services. The following policy applies to all third party submissions of ideas, comments, suggestions, improvements, proposals or materials:
- all submissions are non-confidential and non-proprietary;
- we will not be liable for any use or disclosure of any submission; and
- we can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
the User waives the right to participate in a class action lawsuit or a classwide arbitration against QUASA or any individual involved with the creation of QUA;
the User understands the creation of QUA does not involve the purchase of shares or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
the User understands that the transfer of ETH to the Smart Contract System, the creation of QUA and the development of the QUA service carries significant financial, regulatory and reputational risks as further set forth in the Terms;
the User understands and expressly accepts that there is no warranty whatsoever on QUA, the Smart Contract System and/or the success of the QUASA service, expressed or implied, to the extent permitted by law, and that the Smart Contract System is used and QUA are created and obtained at the sole risk of the User on an “as is” and “under development” basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
the User understands that the User has no right against any other party to request any refund of the ETH submitted to the Smart Contract System for the creation of the QUA under any circumstance;
the User understands with regard to QUA no market liquidity may be guaranteed and that the value of QUA over time may experience extreme volatility or depreciate in full;
the User understands that the User bears the sole responsibility to determine if the User’s contribution to the Smart Contract System for the development of the QUASA service, the transfer of ETH to the Smart Contract System, the creation, ownership or use of QUA, the potential appreciation or depreciation in the value of QUA over time (if any), the allocation of QUA and/or any other action or transaction related to the QUASA service have tax implications for him; by creating, holding or using QUA, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the creation, ownership or use of QUA or any other action or transaction related to the QUASA service.
As part of the contribution process the User will use own account (address) on the Ethereum network, with a private key associated to this address and password. The password is used to encrypt the User’s private key. Following the creation of QUA by the Smart Contract System, the QUA will be transferred to the User's address by the Smart Contract System. The User understands that the User must keep his password and private key safe and that the User may not share them with anybody. The User further understands that if his private key and/or password is lost or stolen, the User will not be able to generate a new password or recover his private key, and if the User also loses his private keys and password, the QUA associated with the User's account (address) will be unrecoverable and will be permanently lost. Furthermore, the User understands that there is no recovery mechanism for lost keys and passwords, so no one will be able to help the User retrieve or reconstruct a lost password and private keys and provide the User with access to any lost QUA.
QUASA service Development
The User understands and accepts that the development and execution of the QUASA service will be assigned to a third-party contractor, by releasing the amount of contributed ETH by the Smart Contract System to the wallet of QUASA. QUASA has the right to engage subcontractors to perform the entire or partial development and execution of the QUASA service. The scope of the development work will be triggered by the amount of Contributions received during the Contribution Period. QUASA shall further have the right to assign the QUASA service including the Contributions received for its development to a third party..
The User understands and accepts that for the purpose of the development and execution of the QUASA service, QUASA receives the full amount of ETH transferred to the Smart Contract System during the Contribution Period. This amount covers expenses, charges and other costs that may arise by QUASA and/or its subcontractors as part of the development and execution of the QUASA service. QUASA has the right to support and/or acquire other companies for the benefit of successfully developing the QUASA service. It remains at QUASA’s sole discretion to decide how to allocate the funds in order to develop and execute the QUASA service.
The QUASA service is an online blockchain platform for cargo transportation, which shall provide
compare rates online,
in search of the most beneficial offer;
find out the final rate for any transport;
Track your online traffic in your account
order any freight online.
guarantee minimum freight rates
The User understands and accepts that the User may not have any expectation of influence over governance on the QUASA service.
The User understands and accepts that the QUASA service will need to go through substantial development works as part of which it may become subject of significant conceptual, technical and commercial changes before release. User understands and accepts that as part of the development, an upgrade of the QUA may be required (hard-fork of QUA) and that, if User decides not to participate in such upgrade, he may no longer use his QUA and that non upgraded QUA may lose their functionality in full.
Audit of the Smart Contract System
The Smart Contract System has been, on a reasonable effort basis, audited and approved by technical experts. The technical experts have confirmed that the Smart Contract System has, with regard to both accuracy and security, been programmed according to the current state of the art.
However, the User understands and accepts that smart contract technology is still in an early development stage and its application of experimental nature which carries significant operational, technological, financial, regulatory and reputational risks. Accordingly, while the audit conducted raises the level of security and accuracy, the User understands and accepts that the audit does not amount to any form of warranty, including direct or indirect warranties that the Smart Contract System and the QUA are fit for a particular purpose or do not contain any weaknesses, vulnerabilities or bugs which could cause, inter alia, the complete loss of ETH and/or QUA.
By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server. QUASA reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time.
Without limiting the foregoing, you will not use the Site and the Services to:
- post or otherwise transmit any User Content that (i) is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) are “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of QUASA, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose QUASA or its users to any harm or liability of any type;
- violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
- access the Site and the Content from territories where such website and consent are illegal or strictly prohibited;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
- harvest or collect email addresses or other contact information of other Users by electronic or other means without their consent;
- “stalk” or harass any other User or collect or store any information about any other User;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- transfer or sell your account and/or username to another party;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
- other than with respect to your own User Content, (i) use, reproduce, duplicate, copy, sell, resell or exploit the Content; (ii) compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or (iii) otherwise remove any text, copyright or other proprietary notices contained in the Content;
- decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Service; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
You agree and understand that by creating a QUASA account and posting User Content, you will be exposing your personal information to others. Under no circumstances will QUASA be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss, injury or damage of any kind incurred as a result of such actions. You release QUASA from any claims related to the sharing of your information through the Site, including personally identifiable information. You acknowledge that QUASA has no control over, and no duty to take any action regarding: which persons gain access to your information; how they use such information and what effects this may have on you.
Password and Account Security
You are solely responsible for maintaining the confidentiality of your password associated with your account. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.
You agree to
- immediately notify us at firstname.lastname@example.org of any unauthorized use of account or any other breach of security, and
- ensure that you log off and exit from your account at the end of each session when accessing the Services. QUASA will not be liable for any loss or damage arising from your failure to comply with this section.
Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold QUASA harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on QUASA by the relevant taxing authorities with respect to any funds paid.
This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers (“Third-Party Content”), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.
Disclaimer of Warranties
ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUASA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT QUASA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS POSTED ON THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL QUASA (FOR PURPOSES OF THIS SECTION, “QUASA” OR “WE” INCLUDES QUASA’S EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF ETH 0.01.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The User acknowledges and agrees that, to the fullest extent permitted by any applicable law, the User will not hold any developers, auditors, contractors or founders of the QUA, the Smart Contract System and/or QUASA COMPANY liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use, QUA or the Smart Contract System under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that developers, auditors contractors or founders of the Smart Contract System, the QUA and/or the QUASA service shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of the Smart Contract System, the QUASA service and/or QUA.
The User further specifically acknowledges that developers, auditors, contractors or founders of the QUA, Smart Contract System and/or the QUASA service are not liable, and the User agrees not to seek to hold them liable, for the conduct of third parties, including other creators of QUA, and that the risk of creating, holding and using QUA rests entirely with the User.
By creating, holding or using QUA, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any regulatory implications or liability associated with or arising from the creation, ownership or use of QUA or any other action or transaction related to the QUASA service.
You agree to defend, indemnify and hold harmless QUASA, our subsidiaries and affiliated companies, and their officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to or/and use of the Site, the Services or the Content; (b) your violation of this Agreement, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any User. QUASA may assume the exclusive defense and control of any matter for which you have agreed to indemnify QUASA and you agree to assist and cooperate with QUASA in the defense or settlement of any such matters.
We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. The QUASA will notify users in this case and specify the reason for this. Accessing the Site is prohibited from territories where the Site’s Content is illegal.
You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by Governmental Entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
Any substantial changes in process of Token Sale will be reported through the QUASA Twitter account at https://twitter.com/quasagroup to token purchasers
Right to Discontinue Services; Termination
QUASA may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site, the and the Services (or any part thereof) and/or deactivate or cancel your QUASA account or Project. Any substantial changes in process of Token Sale will be reported through the QUASA Twitter account at https://twitter.com/quasagroup to token purchasers. You may also cancel your QUASA account at any time by sending us an email at email@example.com. Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Legal Advice
If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.
You agree that QUASA may provide notifications to you via email, hard copy notice, or through posting on our Site, or through the QUASA Twitter account at https://twitter.com/quasagroup.
Owning QuasaCoin tokens does not in any way grant their holder any ownership or right to property in QuasaCoins or on the QUASA platform or that of any other related company. While the community’s opinions and feedback may be taken into account, QuasaCoin tokens do not give any right to participate in decision making or any direction of business development related to the QUASA platform.
Risks The User understands and accepts the risks in connection with transferring ETH to the Smart Contract System and creating QUA as exemplary set forth above and hereinafter. In particular,
but not concluding, the User understands the inherent risks listed hereinafter:
Risk of software weaknesses: The User understands and accepts that the Smart Contract System concept, the underlying software application and software platform (i.e. the Ethereum blockchain) is still in an early development stage and unproven, why there is no warranty that the process for creating QUA will be uninterrupted or error-free and why there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of ETH and/or QUA.
Regulatory risk: The User understands and accepts that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the Smart Contract System and which may, inter alia, result in substantial modifications of the Smart Contract System and/or the QUASA service, including its termination and the loss of QUA for the User.
Risk of abandonment / lack of success: The User understands and accepts that the creation of the QUA and the development of the QUASA service may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The User therefore understands that there is no assurance that, even if the QUASA service is partially or fully developed and launched, the User will receive any benefits through the QUA held by him.
Risk associated with other applications: The User understands and accepts that the QUASA service may give rise to other, alternative projects, promoted by unaffiliated third parties, under which QUA will have no intrinsic value.
Risk of loss of private key: QUA can only be accessed by using an Ethereum wallet with a combination of User’s account information (address), private key and password. The private key is encrypted with a password. The User understands and accepts that if his private key file or password respectively got lost or stolen, the obtained QUA associated with the User's account (address) or password will be unrecoverable and will be permanently lost.
Risk of theft: The User understands and accepts that the Smart Contract System concept, the underlying software application and software platform (i.e. the Ethereum blockchain) may be exposed to attacks by hackers or other individuals that could result in theft or loss of QUA and/or ETH, impacting the ability to develop the QUASA service.
Risk of Ethereum mining attacks: The User understands and accepts that, as with other cryptocurrencies, the blockchain used for the Smart Contract System 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 Smart Contract System, expected proper execution and sequencing of QUA transactions, and expected proper execution and sequencing of contract computations.
Risk of governance attacks and failure: The Contributor understands and accepts that the QUASA service may use an in-built decentralized governance system (“Governance System”). For these reasons, it is possible that the Governance System adopts proposals that have an adverse effect on the useful functioning of the QUASA service and/or the value of QUA. If the Governance System is attacked, or becomes controlled either directly or indirectly by some party who makes unwise decisions, or the community generally makes unwise decisions, the value of QUA held by a Contributor might be greatly reduced or even permanently lost.
Risk of incompatible Wallet service: The User understands and accepts, that the wallet or wallet service provider used for the contribution, has to be technically compatible with the QUA. The failure to assure this may have the result that User will not gain access to his QUA.
Taxation The User bears the sole responsibility to determine if his contribution into the Smart Contract System for the development of the QUASA service, the transfer of ETH, the creation, ownership or use of QUA, the potential appreciation or depreciation in the value of QUA over time (if any), the allocation of QUA and/or any other action or transaction related to the QUASA service have tax implications for him.
By creating, holding or using QUA, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the creation, ownership or use of QUA or any other action or transaction related to the QUASA service.
Blockchain technologies are subject to supervision and control by various regulatory bodies around the world. QuasaCoin tokens may fall under one or more requests or actions on their part, including but not limited to restrictions imposed on the use or possession of digital tokens such as QuasaCoins, which may slow or limit the functionality or repurchase of QuasaCoin tokens in the future.
By sending cryptocurrency to purchase QuasaCoin tokens from us, you represent and warrant that:
- Your purchase of QuasaCoin tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to:
- legal capacity and any other threshold requirements in your jurisdiction for the purchase of the QuasaCoin tokens and entering into contracts with the QUASA,
- any foreign exchange or regulatory restrictions applicable to such purchase, and
- any governmental or other consents that may need to be obtained;
- You will comply with any applicable tax obligations in your jurisdiction arising from your purchase of QuasaCoin tokens; and
- You are not a citizen or resident of a geographic area in which acceptance of delivery of the QuasaCoin tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act.
The regulatory status of the QuasaCoin tokens and distributed ledger technology is unclear or
unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the QuasaCoin tokens. It is likewise difficult to predict how or whether legislatures or
regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including QuasaCoin tokens. Regulatory actions
could negatively impact the QuasaCoin tokens in various ways, including, for purposes
of illustration only, through a determination that the purchase, sale and delivery of the QuasaCoin tokens constitutes unlawful activity or that the QuasaCoin tokens are a regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. QUASA may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
QuasaCoin tokens are not an investment. QuasaCoin tokens are not official or legally binding investments of any kind.
Technical innovations, like the development of quantum computers, may pose a danger to cryptocurrencies, including QuasaCoin tokens.
Risks of using new technologies
QuasaCoin tokens are a new and relatively untested technology. In addition to the risks mentioned in this document, there are certain additional risks that the team of the QUASA platform cannot foresee. These risks may manifest themselves in other forms of risk than those specified herein.
The User understands and accepts that the network of miners will be ultimately in control of the Smart Contract System. The User understands that a majority of these miners could agree at any point to make changes to the official Smart Contract System and to run the new version of the Smart Contract System. Such a scenario could lead to QUA losing intrinsic value.
The User agrees that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
The Terms govern the creation, ownership and use of QUA and supersede any public statements about the launch of QUA and/or the Smart Contract System made by anyone in the past, present and future.
- Reservation of Rights. We reserve all rights not expressly granted by this Agreement.
- Dispute resolution. This Agreement shall be governed by and construed in accordance with the laws of the Germany. In the event of a dispute, the courts of the Germany shall have absolute and exclusive jurisdiction.
- Material Terms. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site.
- If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.
- Assignment; Waiver. You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
- Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.
If you have any questions or concerns regarding this Agreement, you may contact us by e-mail at firstname.lastname@example.org