INFLUENCIO TERMS OF USE

These Influencio Terms of Use are entered into between you (hereinafter referred to as “you” or “your”) and Influencio operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Influencio Services (as defined below) provided by Influencio (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at [PRIVACY POLICY URL]. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

Please read the terms carefully as they govern your use of Influencio Services.

These terms contain important provisions including an arbitration provision that requires all claims to be resolved by way of legally binding arbitration.

The terms of the arbitration provision are set forth in Clause 11, “Governing Law and Jurisdiction”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.

By making use of Influencio services, you acknowledge and agree that: (1) you are aware of the risks associated with transactions of digital currencies; (2) you shall assume all risks related to the use of Influencio services and transactions of digital currencies; and (3) Influencio shall not be liable for any such risks or adverse outcomes.

By accessing, using or attempting to use Influencio Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Influencio or utilize Influencio services.

1.              DEFINITIONS

1.1           Influencio

Refers to an ecosystem comprising Influencio websites (whose domain names include but are not limited to Influencio.io), mobile applications, clients, applets and other applications that are developed to offer Influencio’s Platform Services, and includes independently-operated platforms, websites and clients within the Influencio ecosystem (e.g. Influencio’s Platform, Influencio Launchpad, Influencio’s Incubation Services). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.

1.2           Influencio Operators

Refer to all parties that run Influencio, legal persons, unincorporated organizations and teams that provide Influencio services and are responsible for such services. For convenience, unless otherwise stated, references to “Influencio” and “we” in these terms specifically mean Influencio operators.

Under these terms, Influencio operators may change as Influencio’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of Influencio operators may be expanded due to the provision of new Influencio services, in which case, if you continue to use Influencio services, it is deemed that you have agreed to jointly execute these terms with the newly added Influencio operators.

In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.

1.3           Influencio Services

The term “Influencio’s Services” shall be taken to refer to various services provided to you by Influencio that are based on Internet and/or blockchain technologies and offered via Influencio websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Influencio’s Services include, but are not limited to, Influencio’s Platform components such as Influencio’s Launch Sales Process (Influencio’s internal Compliance and Regulatory checks, IDO Factory, Community and Marketing Scheme, Influencio’s Liquidity and Mining Service); and Influencio’s Incubation Services (Influencio’s Business Development, Advisory, Marketing and Communication Management, Market Making, Technological Development and Advisory Services). [A1] Influencio’s Service refer to both existing services offered by Influencio, and novel services to be provided by Influencio, as and when they are developed and introduced by Influencio.

1.4           Influencio Platform Rules

Refers to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Influencio, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.

1.5           Users

Refers to all individuals, institutions or organizations that access, download or use Influencio or Influencio Services and who meet the criteria and conditions stipulated by Influencio. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.

1.6           Digital Currencies

Refers to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

1.7           Digital Assets

Refers to Digital Currencies or other types of digital assets with a certain value.

1.8           Influencio Accounts

Refers to the foundational virtual accounts when a User connects his or her wallet to the Influencio platform which are opened by Influencio for Users to record on Influencio their usage of Influencio Services, transactions, asset changes and basic information. Influencio Accounts serve as the basis for Users to enjoy and exercise their rights on Influencio.

1.9           Crypto-to-crypto Trading

Refers to spot transactions in which one digital currency is exchanged for another digital currency.

2.              GENERAL PROVISIONS

2.1           About these terms

2.1.1          Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and Influencio.

2.1.2          Supplementary Terms

Due to the rapid development of Digital Currencies and Influencio, these Terms between you and Influencio do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, the privacy policy, Influencio platform rules, and all other agreements entered into separately between you and Influencio are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect. Your use of Influencio services is deemed your acceptance of the above supplementary terms.

2.1.3          Changes to These Terms

Influencio reserves the right to change or modify these Terms at its discretion at any time. Influencio will notify such changes by updating the terms on its website Influencio.io and modifying the [Last revised] date displayed on this page. Any and all modifications or changes to these terms will become effective upon publication on the website or release to users. Therefore, your continued use of Influencio services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using Influencio services immediately. You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of Influencio services

2.1.4          Prohibitions of Use

By accessing and using Influencio services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the united nations security council sanctions list), and that you have sought your own legal advice and have confirmed that you are not legally prohibited from dealing with a digital currency platform like Influencio. Influencio reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Influencio services in certain countries or regions.

2.2           About Influencio

2.2.1          As an important part of the Influencio Ecosystem, Influencio mainly serves as a global online platform for investing in Digital Assets and offering Digital Assets for sale, and provides Users with an investment platform,[A2]  technical services and other Digital Assets-related services. As further detailed in Clause 2.3 below, Users must apply for an account with Influencio.

2.2.2          Although Influencio has been committed to maintaining the accuracy of the information provided through Influencio Services, Influencio cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Influencio be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Influencio Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Influencio does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Influencio or any other communication medium. All Users of Influencio Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

2.3           Influencio Account Registration and Requirements

2.3.1          Registration

All Users must apply for a Influencio Account at Influencio.io before using Influencio Services.

We distinguish three levels of registration regarding Influencio services:

(A)           Connected wallet: you need to connect your web3 wallet (e.g. Metamask) to the Influencio platform in order to be able to access Influencio services that do not require detailed user identification. These services include Staking and Farming pools.

(B)           Verified users: once you connect your wallet, you have the opportunity to proceed with the KYC (Know Your Customer) verification process on the Influencio platform. Influencio is using a 3rd party KYC service provider, iDenfy. To complete the KYC, you must provide your real name, email address, provide an attested ID document, its type and country of issuance - the required data for verification is subject to change depending on regulatory requirements and the KYC service providers policy. Furthermore, you need to accept these Terms, the Privacy Policy, the Privacy Policy of [third party KYC service provider] and other Influencio Platform Rules. Only KYC verified users gain access to the highest level of registration, the memberships.

(C)           Influencio Membership: once you have successfully verified your KYC information, you have the opportunity to mint Influencio Membership NFTs in exchange for INFLUENCE tokens, or purchase it from the Influencio NFT Marketplace. Users will have access to the Influencio Sales Services only when they own a membership NFT according to the terms of membership which is subject to change based on the evolving needs of the Influencio platform community.

Influencio may refuse, in its discretion, to register a Influencio Account for you. You agree to provide complete and accurate information when registering a Influencio Account, and agree to timely update any information you provide to Influencio to maintain the integrity and accuracy of the information. Only one User can be registered at a time, and each individual User may maintain only one account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more sub accounts under the main account with the consent of Influencio.

2.3.2          Eligibility

By registering to use a Influencio Account, you represent and warrant that as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;

(A)           as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;

(B)           you have not been previously suspended or removed from using Kaishi Services;

(C)           you do not currently have a Influencio Account;

(D)           your use of Kaishi Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

2.3.3          User Identity Verification

Your registration of an account with Influencio will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Influencio, or for other lawful purposes stated by Influencio. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, wallet address, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.

After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, Influencio reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of Influencio services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to Influencio during your use of Influencio services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change.

By registering an account, you hereby authorize Influencio to conduct investigations that Influencio considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or Influencio from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.

2.3.4          Account Usage Requirements

The Influencio Account can only be used by the account registrant. Influencio reserves the right to block the use of Influencio Accounts by persons other than account registrants. If you suspect or become aware of any unauthorized use of your account, you should notify Influencio immediately. Influencio assumes no liability for any loss or damage arising from the use of the Influencio Account by you or any third party with or without your authorization.

2.3.5          Account Security

Influencio has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Influencio Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as wallet and private key) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Influencio Account and personal information.

You are solely responsible for keeping your Influencio Account and wallet safe, and be responsible for all the transactions under your Influencio Account. Influencio assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

By creating a Influencio Account, you hereby agree that:

(A)           You will notify Influencio immediately if you are aware of any unauthorized use of your Influencio Account and wallet or any other violation of security rules;

(B)           You will strictly abide by all mechanisms or procedures of Influencio regarding security, authentication, trading, charging, and withdrawal; and

(C)           You will take appropriate steps to disconnect from Influencio at the end of each visit.

2.3.6          Personal Data

Your personal data will be properly protected and kept confidential, but Influencio has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws.

The way in which your Personal data shall be collected, processed, handled and/or stored will be governed by the General Data Protection Act Regulation (EU) 2016/679 (the “GDPR”), and all the ancillary corresponding laws and regulation applicable to data handling as governed under the GDPR will be complied with.

Depending on the products or services concerned, your personal data may be disclosed to the following third parties:

(A)           Your transaction counterparty;

(B)           Influencio Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;

(C)           Our joint ventures, alliance partners and business partners;

(D)           Our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;

(E)           Third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;

(F)           Insurance companies or insurance investigators and credit providers;

(G)           Credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;

(H)           Business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of Influencio Operators;

(I)             Professional consultants such as auditors and lawyers;

(J)            Relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;

(K)           Assignees of our rights and obligations;

(L)            Banks, credit card companies and their respective service providers;

(M)          Persons with your consent as determined by you or the applicable contract.

2.4           Influencio Memberships

2.4.1          Obtaining an Influencio Membership

To become a member on the Influencio platform, you have to obtain a Membership NFT. There are four types of Membership NFTs on Influencio, allowing access to different levels of Influencio services.

The number and attributes of each membership level, their access levels as well as the ways of obtaining them are subject to change by the Influencio Operators, considering the interest of the Influencio community.

You can only obtain a Membership NFT once you have successfully verified your identity on the Influencio platform.

You can obtain a Membership NFT on two ways:

a)         mint the NFT on the Influencio platform in exchange for INFLUENCE tokens (and upgrade for the lower level token + INFLUENCE tokens),

b)         purchase the NFT on the Influencio NFT Marketplace.

2.4.2          Membership Access levels

The Influencio platform starts with four different access levels, we call these tiers. Tiers can be introduced at different times and the number and access they provide to sales as well as their additional attributes are subject to change by the Influencio Operators considering the interest of the Influencio community.

2.4.3          Selling and transferring of Membership

Once you have obtained a Membership NFT, that NFT represents your tier level. Your Membership NFT is tied to your Influencio account and KYC, the NFT provides you access to a range of services on Influencio platform and beyond.

Please consider:

a)         Once you mint your NFT, you will NOT be able to convert it back to INFLUENCE.

b)         Influencio Membership NFTs will ONLY be tradable on the Influencio NFT Marketplace (and on any other authorized platforms or market places) once it is released with users who have completed the identity verification on the platform.

c)         You will NOT be able to TRANSFER your NFT to a different wallet.[A3] 

2.5           Influencio’s Policy on Cookies, Web Beacons, and other Similar Technologies

Cookies are small amounts of data that are sent to your browser and stored on your computer’s hard drive to collect standard internet log information and visitor behavior information. When you visit Influencio, we can automatically collect information from you through cookies or similar technologies.

2.5.1          How we Use Cookies

When you sign up for, access, or use any product, service, content, features, technologies or functions offered on the Influencio website and all related sites in utilising our Services, we or our authorised service providers may use cookies, web beacons, and other similar technologies for storing information to help us provide you with a better, faster, and safer experience. Service providers are companies that help us with various aspects of our business, such as site operations, customer support, services, applications and tools.

Accordingly:

(A)           We and/or our authorized service providers may employ cookies in order for our server to recognise a return visitor as a unique User including, and not limited to, monitoring information relating to how a visitor arrives at the website, what kind of browser a visitor is on, what operating system a visitor is using, a visitor’s IP address, and a visitor’s click stream information and time stamp (for example, which pages they have viewed, the time the pages were accessed and the time spent per web page).

(B)           The cookies are also used to link your device to your Influencio Account so that you do not have to re-enter your password each time you click on a link in the Influencio User panel page or query or access our Services. They are also used to automatically identify your Influencio Account when you contact us via the live chat feature.

(C)           Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your browser or device settings. However, you may be required to re-enter your password more frequently during your use of our Services, or may not be able to enter certain part(s) of our website.

(D)           Where possible, security measures are set in place to prevent unauthorised access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorised service providers have access to cookie data.

(E)           We use cookies in a range of ways to make your experience of our Influencio Services more enjoyable, including but not limited to:

(F)           Where possible, security measures are set in place to prevent unauthorised access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorised service providers have access to cookie data.

(G)           to keep you signed in; and

(H)           to record your habits and preferences when browsing Influencio; and to record our performance and verify the effectiveness of online advertising through Google Stats with cookies.

2.5.2          The type of cookies we use

We use different types of cookies, including but not limited to:

(A)           Functional Cookies

We use such cookies to help us identify you and remember your previous preferences and settings, which may include your device, your operating system, your preferred language, your location, and other session data. We use a mix of first-party and third-party cookies.

(B)           Marketing Cookies

We use these cookies to collect information about your visit to Kashi, the content you view, the links you follow, and other information about your browsers, devices, your IP addresses and referral URLs. We sometimes share certain parts of the collected information with third parties for marketing purposes. We may also share online data collected through cookies with our marketing partners. This means that when you visit another website, you may also be shown advertisements based on your browsing patterns on Influencio.

2.5.3          How we manage our cookies

Most browsers are preset to accept cookies. You can adjust your browser setting to prevent cookies or to notify you as soon as cookies are loaded. However, stopping all cookies might mean that you cannot access or use some Influencio features.

2.5.4          Influencio Services

Upon completion of the registration and identity verification for your Influencio Account, you may use various Influencio Services, including but not limited to, participating in investment offers, offering investments, Crypto and Non Fungible Token (NFT) Trading, staking and liquidity mining, acquiring market-related data, research and other information released by Influencio, participating in User activities held by Influencio, etc., in accordance with the provisions of these Terms (including Influencio Platform Rules and other individual agreements). Influencio has the right to:

(A)           Provide, modify or terminate, in its discretion, any Influencio Services based on its development plan; and

(B)           Allow or prohibit some Users’ use of any Influencio Services in accordance with relevant Influencio Platform Rules.

3.              SERVICE USAGE GUIDELINES

3.1           License

3.1.1          Provided that you constantly comply with the express terms and conditions stated in these Terms, Influencio grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Influencio Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Influencio Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Influencio Services should be stipulated in the discretion of Influencio. Influencio reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Influencio Services in any way not expressly authorized by these Terms.

3.1.2          These Terms only grant a limited license to access and use Influencio Services. Therefore, you hereby agree that when you use Influencio Services, Influencio does not transfer Influencio Services or the ownership of intellectual property rights of any Influencio intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Influencio Services, are exclusively owned, controlled and/or licensed by Influencio or its members, parent companies, licensors or affiliates.

3.1.3          Influencio owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Influencio or Influencio Services that you provide through email, Influencio Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Influencio. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

3.2           Restriction

3.2.1          When you use Influencio Services, you agree and undertake to comply with the following provisions:

(A)           During the use of Influencio Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Influencio;

(B)           Your use of Influencio Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Influencio Services;

(C)           You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);

(D)           Without written consent from Influencio, the following commercial uses of Influencio data are prohibited:

(1)            Trading services that make use of Influencio quotes or market bulletin board information.

(2)            Data feeding or streaming services that make use of any market data of Influencio.

(3)            Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Influencio.

(E)           Without prior written consent from Influencio, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties;

(F)           You may not:

(1)            Use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Influencio Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Influencio Services;

(2)            attempt to access any part or function of the properties without authorization, or connect to Influencio Services or any Influencio servers or any other systems or networks of any Influencio Services provided through the services by hacking, password mining or any other unlawful or prohibited means;

(3)            probe, scan or test the vulnerabilities of Influencio Services or any network connected to the properties, or violate any security or authentication measures on Influencio Services or any network connected to Influencio Services;

(4)            reverse look-up, track or seek to track any information of any other Users or visitors of Influencio Services;

(5)            take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Influencio Services or Influencio, or the infrastructure of any systems or networks connected to Influencio services;

(6)            use any devices, software or routine programs to interfere with the normal operation of Influencio Services or any transactions on Influencio Services, or any other person’s use of Influencio Services;

(7)            forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Influencio, or

(8)            use Influencio Services in an illegal way.

3.2.2          By accessing Influencio Services, you agree that Influencio has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:

(A)           Blocking and closing order requests;

(B)           Freezing your account;

(C)           Reporting the incident to the authorities;

(D)           Publishing the alleged violations and actions that have been taken;

(E)           Deleting any information you published that are found to be violations.

4.              CRYPTO-TO-CRYPTO TRADING

Upon completion of the registration and identity verification for your Influencio Account, you may participate in the services offered on Influencio in accordance with the provisions of these Terms and Influencio Platform Rules.

4.1           Sales Pools

One of the key services of the Influencio platform are the sales pools. There are multiple types of sales pools, most notably, but not only, public sales pools (IDOs), private sale pools, exclusive sales pools, sales pools as a service pools.

Users can participate in the different sales pools based on the Terms of Memberships and can be found at any time on the Influencio Wiki, which is subject to change based on any unilateral decision by Influencio Operators, considering the interest of the Influencio community as a whole.[A4] 

4.2           Fees

You agree to pay Influencio the fees specified in Influencio.io. Influencio may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Influencio to deduct from your account any applicable fees that you owe under these Terms.

4.3           Staking Programs

4.3.1          Influencio will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their Influencio Accounts. When participating in Staking Programs, you should note that:

(A)           Unless otherwise stipulated by Influencio, Staking Programs are free of charge and Users may trade during the staking period;

(B)           Influencio does not guarantee Users’ proceeds under any Staking Program;

(C)           Influencio has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;

(D)           Users shall ensure that sources of the Digital Currencies they hold in Influencio Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, Influencio has the right to take necessary steps in accordance with these Terms or Influencio Platform Rules, including, without limitation, freezing Influencio Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.[A5] 

5.              LIABILITIES

5.1           Disclaimer of warranties

To the maximum extent permitted under applicable law, Influencio services, Influencio materials and any product, service or other item provided by or on behalf of Influencio are offered on an “as is” and “as available” basis, and Influencio expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.

Without limiting the foregoing, Influencio does not represent or warrant that the site, Influencio services or Influencio materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Influencio does not guarantee that any order will be executed, accepted, recorded or remain open.

Except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of Influencio services. Without limiting the foregoing, you hereby understand and agree that Influencio will not be liable for any losses or damages arising out of or relating to:

5.1.1          any inaccuracy, defect or omission of digital assets price data;

5.1.2          any error or delay in the transmission of such data;

5.1.3          interruption in any such data;

5.1.4          regular or unscheduled maintenance carried out by Influencio and service interruption and change resulting from such maintenance;

5.1.5          any damages incurred by other users’ actions, omissions or violation of these terms;

5.1.6          any damage caused by illegal actions of other third parties or actions without authorized by Influencio; and

5.1.7          other exemptions mentioned in disclaimers and platform rules issued by Influencio.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.

5.2           Disclaimer of Damages and Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Influencio, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of Influencio services, any performance or non-performance of Influencio services, or any other product, service or other item provided by or on behalf of Influencio and its affiliates, whether under contract, statute, strict liability or other theory even if Influencio has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Influencio’s gross negligence, fraud, willful misconduct or intentional violation of law.

Notwithstanding the foregoing, in no event will the liability of Influencio, its affiliates and their respective shareholders, members, directors, officers, employees, solicitors, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of Influencio and its affiliates, any performance or non-performance of Influencio services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to Influencio under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.

5.3           Indemnification

You agree to indemnify and hold harmless Influencio Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including solicitor’s fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

5.3.1          your use of, or conduct in connection with, Influencio Services;

5.3.2          your breach or our enforcement of these Terms, or

5.3.3          your violation of any applicable law, regulation, or rights of any third party during your use of Influencio Services.

If you are obligated to indemnify Influencio Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Influencio will have the right, in its sole discretion, to control any action or proceeding and to determine whether Influencio wishes to settle, and if so, on what terms.

6.              ANNOUNCEMENTS

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on Influencio.io.

Users undertake to refer to these materials regularly and promptly. Influencio will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.

7.              TERMINATION OF AGREEMENTS

7.1           Suspension of Influencio Accounts

You agree that Influencio shall have the right to immediately suspend your Influencio Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets in all such accounts, and suspend your access to Influencio for any reason including if Influencio suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations.

You agree that Influencio shall not be liable to you for any permanent or temporary modification of your Influencio Account, or suspension or termination of your access to all or any portion of Influencio Services. Influencio shall reserve the right to keep and use the transaction data or other information related to such Influencio Accounts. The above account controls may also be applied in the following cases:

7.1.1          The Influencio Account is subject to a governmental proceeding, criminal investigation or other pending litigation;

(A)           We detect unusual activities in the Influencio Account;

(B)           We detect unauthorized access to the Influencio Account;

(C)           We are required to do so by a court order or command by a regulatory/ government authority.

7.2           Cancellation of Influencio Accounts

7.2.1          In case of any of the following events, Influencio shall have the right to directly terminate these Terms by cancelling your Influencio Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Influencio Account on Influencio and withdraw the corresponding Influencio Account thereof:

(A)           after Influencio terminates services to you;

(B)           you allegedly register or register in any other person’s name as a Influencio User again, directly or indirectly;

(C)           the information that you have provided is untruthful, inaccurate, outdated or incomplete;

(D)           when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Influencio Account or by other means;

(E)           you request that Influencio Services be terminated; and

(F)           any other circumstances where Influencio deems it should terminate Influencio Services.

Should your Influencio Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Influencio shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.

If Influencio is informed that any Digital Assets or funds held in your Influencio Account are stolen or otherwise are not lawfully possessed by you, Influencio may, but has no obligation to, place an administrative hold on the affected funds and your Influencio Account. If Influencio does lay down an administrative hold on some or all of your funds or Influencio Account, Influencio may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Influencio has been provided to Influencio in a form acceptable to Influencio. Influencio will not involve itself in any such dispute or the resolution of the dispute. You agree that Influencio will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

7.3           Remaining Digital Assets After Influencio Account Termination

Except as set forth in Clause 7.4 below, once a Influencio Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Influencio) will be payable immediately to Influencio. Upon payment of all outstanding charges to Influencio (if any), Users will have 5 business days to withdraw all Digital Assets from the account.

7.4           Remaining Digital Assets After Influencio Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

Influencio maintains full custody of the Digital Assets and User data/information which may be turned over to governmental authorities in the event of Influencio Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

8.              NO FINANCIAL ADVICE

Influencio is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Influencio Services. No communication or information provided to you by Influencio is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.

Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom.

You should consult legal or tax professionals regarding your specific situation. Influencio does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Influencio will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Influencio.

9.              COMPLIANCE WITH LOCAL LAWS

It is the Users’ responsibility to abide by local laws in relation to the legal usage of Influencio Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.

All users of Influencio services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that Influencio will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds.

Influencio maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

10.           PRIVACY POLICY

Access to Influencio Services will require the submission of certain personally identifiable information. Please review Influencio’s Privacy Policy at Influencio.io for a summary of Influencio’s guidelines regarding the collection and use of personally identifiable information.

11.           GOVERNING LAW AND JURISDICTION

Please read this section carefully, as it involves a waiver of certain rights to bring legal proceedings, including as a class action.

11.1        This Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore.

11.2        The parties agree that they will attempt in good faith to full resolve any dispute, controversy or, claim or difference arising out of or relating to or having any connection with this Agreement or the breach, termination or validity thereof, including any dispute as to its existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it (“Dispute”) through private negotiations within thirty (30) days (the “Negotiation Period”).           

11.3        Any settlement reached in the course of the negotiations shall be made in writing by way of a settlement agreement fully executed and signed between parties within the Negotiation Period.

11.4        The seat of the arbitration shall be Singapore.

11.5        The Dispute shall be finally settled by arbitration in accordance with the Arbitration Rules (the “Rules”) of the Singapore International Arbitration Centre (the “SIAC”) then in effect and being in force which rules are deemed to be incorporated by reference into this Clause 11 then in effect, except as modified herein. The arbitration shall be held, and the award shall be rendered, in Singapore, in the English language. There shall be one arbitrator nominated by the Chairman of the SIAC.

11.6        The decision of the arbitration shall be final, binding and incontestable and judgement upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The parties hereby consent and submit to the personal and subject matter jurisdiction of the relevant courts for purposes of such entry of judgement upon the award and waive notice and service of process as otherwise required by the laws applicable to such courts.

11.7        Modifications

Influencio reserves the right to update, modify, revise, suspend, or make any future changes to Clause 11 regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Influencio account shall be deemed to be your acceptance of any modifications to Clause 11 regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Clause 11, Influencio may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.

11.8        Severability

If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. Pending closure of your account.

12.           MISCELLANEOUS

12.1        Independent Parties

Influencio is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

12.2        Entire Agreement

These Terms constitute the entire agreement between the parties regarding use of Influencio Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

12.3        Interpretation and Revision

Influencio reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Influencio websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Influencio Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Influencio will not be responsible for any modification or termination of Influencio Services by you or any third party, or suspension or termination of your access to Influencio Services.

12.4        Force Majeure

Influencio will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Influencio’s reasonable control.

12.5        Severability

If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

12.6        Assignment

You may not assign or transfer any right to use Influencio Services or any of your rights or obligations under these Terms without prior written consent from Influencio, including any right or obligation related to the enforcement of laws or the change of control. Influencio may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

12.7        Waiver

The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

12.8        Third-Party Website Disclaimer

Any links to third-party websites from Influencio Services does not imply endorsement by Influencio of any product, service, information or disclaimer presented therein, nor does Influencio guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Influencio will not be liable for such loss. In addition, since Influencio has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

12.9        Contact Information

For more information on Influencio, you may refer to the company and license information found on Influencio websites. If you have questions regarding these Terms, please feel free to contact Influencio for clarification via our Customer Support team at [cs@Influencio.io].

 [A1]Influencio to amend business services as necessary.

 [A2]Influencio to provide details

 [A3]Influencio to review if membership structure of platform is as highlighted. To make changes where necessary.

 [A4]Influencio to confirm if this is one of the services offered on the platform

 [A5]Influencio to confirm if platform offers staking programs