This Token Crowdfunding Agreement (this "Agreement") is made by and between
(the "Participant" or "User" or "You") with Personal ID and
SOFTECH LTD, a company duly registered and existing under the laws of Gibraltar (the "Company")
are herein individually referred to as a "Party" and collectively, as the "Parties".
NOW, THEREFORE, in consideration of the mutual representations, warranties and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Participant hereby agree as follows:
The Company provides a service giving Tokens that will be used as a currency accepted by the markets crowdfunding service at https://RocketICO.io (the "Website" or " RocketICO "), as more fully described in ANNEX A hereto.
The Company is creating ROCK digital tokens ("Tokens" or "ROCK") the ERC-20 compatible tokens intended to act as tokens of utility that Participant will be required to use inside the RocketICO platform as more fully described in ANNEX B.
The Company is engaging in a Crowdfunding of Tokens (the "Crowdfunding ") as per the terms of a smart contract consisting of source code on the ETH/BTC blockchain (the "Smart Contract System") on the terms set forth herein in addition to the Terms and Conditions attached to this Agreement (ANNEX D), which constitute an integral part of this Agreement . The risks associated with participation in this Crowdfunding are more fully described in ANNEX C.
DISCLAIMER NOTICE. We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with any other platform or any of its subsidiaries or its affiliates. All content provided by us is for information purposes only.
IMPORTANT INFORMATION: PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY.
Participant acknowledges, understands and agrees to the following:
BINDING AGREEMENT:
Participant understands and agrees that Participant is subject to and bound by this Agreement by virtue of Participant's acquisition of ROCK Tokens. This Agreement does not apply to arrangements to the use of ROCK Tokens. All legally binding relationship between Participant and Company arising in connection with the use of ROCK Tokens will be subject to the separate document.
NO BELARUSSIAN PARTICIPANTS:
ROCK Tokens are not being offered or distributed to Belarus persons (as defined below). If You are citizen, resident of, or a person located or domiciled in, or any entity, including, without limitation, any corporation or partnership created or organized in or under the laws of the Republic of Belarus, do not acquisition or attempt to acquisition ROCK Tokens (a "Belarus person").
FOR USA, SINGAPORE AND SOUTH KOREAN PARTICIPANTS:
Under the regulation of the USA Securities Exchange Commission (SEC) adopted Rule, the Monetary Authority of Singapore (MAS) and South Korea Financial Services Commission (FSC) legislation:
If You are citizen, resident of, or a person located or domiciled in, or any entity, including, without limitation, any corporation or partnership created or organized in or under the laws of the USA (a "USA person");
If You are citizen, resident of, or a person located or domiciled in, or any entity, including, without limitation, any corporation or partnership created or organized in or under the laws of Singapore (a "Singapore person");
If You are citizen, resident of, or a person located or domiciled in, or any entity, including, without limitation, any corporation or partnership created or organized in or under the laws of South Korea (a "South Korean person");
Please refer and pay attention to ANNEX D. You need to sign the written form of the Present Agreement and send back the scanned copy by e-mail to . Without having the scanned copy of the Present Agreement we can't proceed with Tokens acquisition.
ROCK TOKENS HAVE NO REAL VALUE, PURPOSE, ATTRIBUTES, FUNCTIONALITIES OR FEATURES.
The ROCK Tokens do not have any real value. Company does not guarantee and is not representing in any way to Participant that the ROCK Tokens have any real value, purpose, attributes, functionalities or features.
ACQUISITION OF ROCK TOKENS ARE NON-REFUNDABLE AND CONTRIBUTIONS CANNOT BE CANCELLED. PARTICIPANT MAY LOSE ALL AMOUNTS CONTRIBUTED.
ROCK TOKENS MAY HAVE NO VALUE IN FUTURE.
COMPANY RESERVES THE RIGHT TO REFUSE OR CANCEL ROCK TOKEN REQUESTS AT ANY TIME IN ITS SOLE DISCRETION.
PLEASE READ THE RISKS SET FORTH IN ANNEX C CAREFULLY AND IN THEIR ENTIRETY.
1. ACCEPTANCE OF AGREEMENT AND ACQUISITION OF ROCK TOKENS
1.1 This Agreement shall be effective and binding on the Parties when Participant:
clicks the check box "I agree" on the official https://RocketICO.io website to indicate that Participant has read, understands and agrees to the terms of this Agreement;
Participant agrees to be bound on this basis and confirms that Participant has read in full and understands this Agreement and the terms on which Participant is bound.
1.2 Company has prepared the White Paper. which is available at https://RocketICO.io/assets/document/WhitePaper_Desktop_EN.pdf describing matters relating to the RocketICO and ROCK Tokens. Participant has read and understands the White Paper and its contents.
1.3 ROCK Tokens.
No Value. As mentioned above the ROCK Tokens do not have express or implied. Although ROCK Tokens may be tradable. They are not an investment, currency, security, commodity. A swap on a currency, security or commodity or any other kind of financial instrument.
Company's Use of Proceeds. Participant acknowledges and understands that the proceeds from the sale of the ROCK Tokens will be utilized by Company in its sole discretion.
Purpose. Each ROCK Token represents a ROCK Software License and may be used as described in Whitepaper.
2. ROCK TOKEN DISTRIBUTION
2.1. Company intends to allocate and distribute ROCK Tokens (the "ROCK Token Distribution") in accordance with the material specifications as set forth in ANNEX A to this Agreement which includes details regarding the timing (the "ROCK Distribution Period") and pricing of the ROCK Token Distribution and the amount of ROCK Tokens that will be distributed. During the ROCK Distribution Period SOFTECH LTD will provide specific procedures on how Participant should acquisition ROCK Tokens through the official Website. By purchasing ROCK Tokens Participant acknowledges and understands and has no objection to such procedures and material specifications. Failure to use the official Website and follow such procedures may result in Participant not receiving any ROCK Tokens. Any Participant of ROCK Tokens may lose some or all of the amounts contributed in exchange for ROCK Tokens regardless of the acquisition date. The access or use of the ROCK Smart Contract. access or use of the ROCK Token and/or the receipt or acquisition of ROCK through any other means other than the official Website are not sanctioned or agreed to in any way by the SOFTECH LTD.
2.2. No Belarus Participants. The ROCK Tokens are not being offered to Belarus persons. Belarus persons are strictly prohibited and restricted from using the ROCK Smart Contract, using the ROCK Token and/or purchasing ROCK Tokens and Company is not soliciting acquisitions by Belarus persons in any way. If a Belarus person uses the ROCK Smart Contract, uses the ROCK Token and/or acquisitions ROCK Tokens, such person has done so and entered into this Agreement on an unlawful, unauthorized and fraudulent basis and this Agreement is null and void. Company is not bound by this Agreement if this Agreement has been entered into by a Belarus person as Participant or Participant has entered into this Agreement or has acquisitioned ROCK Tokens on behalf of a Belarus person, and Company may take all necessary and appropriate actions, in its sole discretion, to invalidate this Agreement, including referral of information to the appropriate authorities. Any Belarus person who uses the ROCK Smart Contract, uses the ROCK Tokens and/or acquisitions ROCK Tokens or enters this Agreement on an unlawful, unauthorized or fraudulent basis shall be solely liable for, and shall indemnify, defend and hold harmless SOFTECH LTD and SOFTECH LTD's respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the "SOFTECH LTD Partners") from any damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special and including, without limitation, any loss of business, revenues, profits, data, use, goodwill or other intangible losses (collectively, the "Damages") incurred by a SOFTECH LTD Party that arises from or is a result of such Belarus person's unlawful, unauthorized or fraudulent use of the ROCK Smart Contract, unauthorized use of the ROCK Tokens and/or the receipt or acquisition of ROCK Tokens.
2.3. Allocation and Sale of ROCK Tokens to SOFTECH LTD Partners. Participant understands and consents to the participation of the Company's past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors and service providers in the acquisition of ROCK Tokens, including people who may work on the development and implementation of the RocketICO Software or who may work for SOFTECH LTD's future businesses which SOFTECH LTD may establish with a portion of the proceeds from the ROCK Token Distribution. All such SOFTECH LTD Partners will participate on the same terms as every other Participant of ROCK Tokens and will be bound by this Agreement.
2.4. No Representations and Warranties. The ROCK Tokens will be distributed to Participants thereof pursuant to the ROCK Smart Contract. None of the SOFTECH LTD Partners makes any representations or warranties, express or implied, including, without limitation, any warranties of title or implied warranties of merchantability or fitness for a particular purpose with respect to the ROCK Smart Contract, the ROCK Tokens or their utility, or the ability of anyone to acquisition or use the ROCK Tokens. Without limiting the foregoing, none of the SOFTECH LTD Partners represent or warrant that the process of purchasing the ROCK Tokens or receiving the ROCK Tokens will be uninterrupted or error-free or that the ROCK Tokens are reliable and error-free. As a result, Participant acknowledges and understands that Participant may never receive ROCK Tokens and may lose the entire amount Participant contributed to Company. Participant shall provide an accurate digital wallet address to Company for receipt of any ROCK Tokens distributed to Participant pursuant to the ROCK Smart Contract.
2.5. Not an Offering of Securities, Commodities or Swaps. The sale of ROCK Tokens and the ROCK Tokens themselves are not securities, commodities, swaps on either securities or commodities or a financial instrument of any kind. Acquisitions and sales of ROCK Tokens are not subject to the protections of any laws governing those types of financial instruments. This Agreement and all other documents referred to in this Agreement including the White Paper do not constitute a prospectus or offering document, and are not an offer to sell, nor the solicitation of an offer to buy an investment, a security, commodity or a swap on either a security or commodity.
2.6. Participants should not participate in the ROCK Token Distribution or ROCK Tokens acquisition for investment purposes. ROCK Tokens are not designed for investment purposes and should not be considered as a type of investment. Within forty eight (48) hours from the end of the ROCK Distribution Period all ROCK Tokens will be transferable and the distribution of ROCK Tokens will be complete. Participant acknowledges, understands and agrees that Participant should not expect and there is no guarantee or representation or warranty by Company that:
the RocketICO Software will ever be adopted;
the RocketICO Software will be adopted as developed by SOFTECH LTD and not in a different or modified form;
a blockchain will ever be launched with or without changes to the RocketICO Software.
Furthermore, holding ROCK Tokens is not a guarantee, representation or warranty that the holder will be able to use the ROCK Token, or receive any tokens utilized on the RocketICO Platform, even if the RocketICO Platform is launched and the RocketICO Software is adopted, of which there is no guarantee, representation or warranty made by Company.
2.7. Not for Speculation. Participant acknowledges and agrees that Participant is not purchasing ROCK Tokens for purposes of investment, speculation, as some type of arbitrage strategy, for immediate resale or other financial purposes.
3. NO OTHER RIGHTS CREATED
3.1. No Claim, Loan or Ownership Interest. The acquisition of ROCK Tokens:
does not provide Participant with rights of any form with respect to the Company or its revenues or assets, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
is not a loan to Company; and
does not provide Participant with any ownership or other interest in Company.
3.2. Intellectual Property. Company retains all right, title and interest in all of Company's intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon. Participant may not use any of Company's intellectual property for any reason without Company's prior written consent
4. SECURITY AND DATA. TAXES
4.1. Security and Data Privacy.
4.2. Participant's Security. Participant will implement reasonable and appropriate measures designed to secure access to:
any device associated with Participant and utilized in connection with Participant's acquisition of ROCK Tokens;
private keys to Participant's wallet or account; and
any other Participant name, passwords or other login or identifying initials.
In the event that Participant is no longer in possession of Participant's private keys or any device associated with Participant's account or is not able to provide Participant's login or identifying account. Company is under no obligation to recover any ROCK Tokens and Participant acknowledges, understands and agrees that all acquisitions of ROCK Tokens are non-refundable and Participant will not receive money or other compensation for any ROCK Tokens acquisitioned.
4.1.2. Additional Information. Upon Company's request. Participant will immediately provide to Company information and documents that Company, in its sole discretion, deems necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation judicial process and KYC/AML/CTF procedures. Such documents include, but are not limited to, passport, driver's license, utility bills, photographs of associated individuals, government identification cards, or sworn statements, bank reference letters, etc. Participant consents to Company disclosing such information and documents in order to comply with applicable laws, regulations, rules or agreements. Participant acknowledges that Company may refuse to distribute ROCK Tokens to Participant until such requested information is provided.
4.2. Taxes. Participant acknowledges, understands and agrees that:
the acquisition and receipt of ROCK Tokens may have tax consequences for Participant:
Participant is solely responsible for Participant's compliance with Participant's tax obligations: and
Company bears no liability or responsibility with respect to any tax consequences to Participant.
5. REPRESENTATIONS AND WARRANTIES OF PARTICIPANT
By buying ROCK Tokens, Participant represents and warrants to each of the SOFTECH LTD Partners that:
5.1. Participant is not a Belarus person.
5.2. Authority. Participant has all requisite power and authority to execute and deliver this Agreement, to use the ROCK Smart Contract, acquisition ROCK Tokens, and to carry out and perform its obligations under this Agreement.
If an individual, Participant is at least 18 years old and of sufficient legal age and capacity to acquisition ROCK Tokens.
If a legal person, Participant is duly organized, validly existing and in good standing under the laws of its domiciliary jurisdiction and each jurisdiction where it conducts business.
5.3. No Conflict. The execution, delivery and performance of this Agreement will not result in any violation of, be in conflict with, or constitute a material default under, with or without the passage of time or the giving of notice:
any provision of Participant's organizational documents, if applicable:
any provision of any judgment, decree or order to which Participant is a party, by which it is bound, or to which any of its material assets are subject:
any material agreement, obligation, duty or commitment to which Participant is a party or by which it is bound: or
any laws, regulations or rules applicable to Participant.
5.4. No Consents or Approvals. The execution and delivery of, and performance under, this Agreement require no approval or other action from any governmental authority or person other than Participant.
5.5. Participant Status. Participant is not subject to any of the disqualifying events, there is no proceeding or investigation pending or, to the knowledge of Participant, threatened by any governmental authority, that would reasonably be expected to become the basis for a Participant Event
5.6. Participant Knowledge and Risks of Project. Participant has sufficient knowledge and experience in business and financial matters, including a sufficient understanding of blockchain or cryptographic tokens and other digital assets, smart contracts, storage mechanisms (such as digital or token wallets), blockchain-based software systems and blockchain technology, to be able to evaluate the risks and merits of Participant's acquisition of ROCK Tokens, including but not limited, to the matters set forth in this Agreement, and is able to bear the risks thereof, including loss of all amounts contributed, loss of ROCK Tokens, and liability to the SOFTECH LTD Parties and others for its acts and omissions, including with limitation those constituting breach of this Agreement, negligence, fraud or willful misconduct Participant has obtained sufficient information in order to make an informed decision to acquisition ROCK Tokens.
5.7. Contributions; Transactions.
5.7.1. Contributions. The contributions, including any virtual currency or crypto-currency, Participant uses to acquisition ROCK Tokens are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing, and Participant will not use the ROCK Tokens to finance, engage in, or otherwise support any unlawful activities.
5.7.2. Transactions. All transactions by Participant under this Agreement will be made only in Participant's name, from a digital wallet or bank account not located in a country or territory that has been designated as a "non-cooperative country or territory" by the Financial Action Task Force (FATF),.), as amended, and the regulations promulgated there under by the Financial Crimes Enforcement Network (FinCEN), as such regulations may be amended from time to time.
5.8. Miscellaneous Regulatory Compliance.
5.8.1. Anti-Money Laundering; Counter-Terrorism Financing (AML/CTF). To the extent required by applicable law, Participant complies with all anti-money laundering and counterterrorism financing requirements.
5.8.2. Sanctions Compliance. Neither Participant, nor any person having a direct or indirect beneficial interest in Participant or ROCK Tokens being acquisitioned by Participant, or any person for whom Participant is acting as agent or nominee in connection with ROCK Tokens, is the subject of sanctions administered or enforced by any country or government (collectively, "Sanctions") or is established or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions.
6. TERMINATION
This Agreement can be terminated by the Company at any time, effective on the date on which a written notice to such effect is delivered to the Participant by e-mail.
7. ENTIRE AGREEMENT
This document, together with its attached ANNEXs, constitutes the final, complete, and exclusive embodiment of the entire agreement and understanding between the Parties related to the subject matter hereof and supersedes and preempts any prior or contemporaneous understandings, agreements, or representations by or between the parties, written or oral.
8. DISCLAIMERS
Participant expressly acknowledges, understands and agrees that Participant is using the ROCK Smart Contract, the ROCK Token Contract and purchasing ROCK Tokens at the Participant's sole risk and that the ROCK Smart Contract, the ROCK Token Contract and ROCK Tokens are each provided, used and acquisitioned on an "AS IS" and on an "AS AVAILABLE" basis without representations, warranties, promises or guarantees whatsoever of any kind by Company and Participant shall rely on its own examination and investigation thereof.
ANNEX A
Description of the Company, Service, and Tokens
SOFTECH LIMITED is a company duly registered and existing under the applicable laws of Gibraltar. The company purpose is to develop business solutions associated with software development and blockchain technology.
Company will launch the RocketICO to enable the development of the short-term platform. For that purpose, Company will issue ROCK tokens to supporters of the project in appreciation.
RocketICO platform is the world's first online startup accelerator based on the principles of Decentralized Autonomous Organization. Such a model creates a new paradigm for the safe and more effective interaction between project teams, investors and experts in the context of creating and launching the projects.
ANNEX B
Creation and Allocation of Tokens by Company
ICO Crowdfunding Details:
Token Specs:
Total ROCK Tokens 25 million
300 ROCK = 1 ETH/BTC
HardCap is $17.0 Million
Minimum Cap $0.5 Million
ROCK token is ERC20
Participants wallets must be ETH/BTC ERC20 compatible
ROCK Tokens are bound to ETH for the sale.
ICO will be conducted in 3 stages, based on the round system:
| | Round 1 | Round 2 | Round 3 |
| Period | DEC`17 — FEB`18 | MAY — JUN`18 | DEC`18 — JAN`19 |
| Hard cap | $2 million | $5 million | $10 million |
| Purpose | development of wallet and first platform elements | platform full version, client base expansion. | added features, world expansion, integrations with other ecosystems |
Token Dispatch:
Participants will register on the https://RocketICO.io (no other website or mechanism is promoted).
After filling out the KYC form, the RocketICO team will verify all applicants. Team will notify approval or rejection with ETH and BTC wallet address
Upon successful ETH/BTC transfer a notification will be sent to Applicant
Approved applicants receive their Tokens according to the Agreement and receivean email notification (переписала предложение).
Allocated tokens will be transferred to applicant’s wallet in maximum of one week.
Token Distribution:
Token Allocation | Token Quantity | Token% |
| Token ICO | 17.0 mln | 68.00% |
| Founders | 5.0 mln | 20.00% |
| Advisors & Bounties | 2.0 mln | 8.00% |
| Pre ICO | 1.0 mln | 4.00% |
In total: | 25.0 mln | 100.00% |
Data needed:
Interested Participants provide their names, IDs, email, and ETH/BTC address. KYC/AML/CTF info on demand.
ETH Smart Contracts and BTC wallets Process:
Participants register through KYC/AML/CTF form in the https://RocketICO.io website;
RocketICO team will verify all applicants and award Tokens accordingly. Rejected applicants will be notified;
Participants will be given the wallet address to send their ETH/BTC;
A ROCK smart contract will be generated creating up to 25 mln ROCK;
Smart contracts will be released to Mainnet;
Held token will be left in escrow accounts;
Hard cap is set at $17 Million and is divided by Rounds as been described above;
In the unlikely event of a total refund, gas to refund will be paid by the Participant , the ETH/BTC sent by them will become available for refund from the multisig wallet;
Reserve, Bonuses and Bounties can be traded in the exchange upon listing but in any way they will not differ from the ordinary ROCK Tokens inside the RocketICO Platform;
Unsold ROCK tokens after Crowdsale
All unsold ROCK Tokens for every Round will be burnt at the end of the ICO Round. After the crowdsale You will be informed about the exact total amount of circulating supply and number of burned ROCK Tokens. Unsold ROCK Tokens will be burned automatically through the Smart Contract.
ANNEX C
Risks Associated with participation in this Crowdfunding
EACH PARTY ACKOWLEDGES THAT, IN EXECUTING THIS AGREEMENTT, SUCH PARTY HAS HAD THE OPPORTUNITTY TO SEEK THE ADVICE OF INDEPENDENT LEGAL CONSULTANT, AND HAS READ AND UNDERSTTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENTT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
IMPORTANT NOTE: As noted elsewhere in this Agreement, the Tokens are not being structured or sold as securities or any other form of investment product. Accordingly, none of the information presented in this ANNEX C is intended to form the basis for any investment decision, and no specific recommendations are intended. The Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from:
reliance on any information contained in this ANNEX C,
any error, omission or inaccuracy in any such information or
any action resulting from such information.
By purchasing, owning, and using Tokens, Participant expressly acknowledge and assume the following risks:
1. Risk that Company is Unable to Obtain Required Licenses and Regulatory Approvals for the ROCK Property Participation and Crowdfunding Platform.
The Company is selling Tokens that will be used as a currency accepted by its Platform. The RocketICO Platform will be a separate crowdfunding service, and the Company will take all diligent efforts, including legal consultation and licensing efforts, to have the Platform regulated in Gibraltar and/or any other relevant jurisdictions once the ICO has closed. While the ROCK digital token is not a security, it is possible that the RocketICO Crowdfunding Platform may be classified as securities by certain regulatory authorities. Participant expressly acknowledges and understands the possible risk that in the event that a relevant jurisdiction decides to regulate the ROCK digital tokens as a security, said jurisdiction may, despite diligent efforts, refuse to register the aforementioned as a security, or in its discretion as a jurisdiction refuse to grant any other relevant licenses or regulatory approvals. Buying ROCK digital tokens involves neither an offer to sell nor a solicitation of an offer to buy securities, as the RocketICO Platform may be defined. The achievement of any or all goals by the RocketICO Platform is not guaranteed.
2. Risk of Losing Access to Tokens Due to Loss of Private Key(s), Custodial Error or Participant Error.
A private key, or a combination of private keys, is necessary to control and dispose of Tokens stored in Participant digital wallet or vault. Accordingly, loss of requisite private key(s) associated with Participant digital wallet or vault storing Tokens will result in loss of such Tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service Participant use, may be able to misappropriate Participant Tokens. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault Participant choose to receive and store Tokens, including Participant own failure to properly maintain or use such digital wallet or vault, may also result in the loss of Participant Tokens. Additionally, Participant failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if Participant provide the wrong address for the Token Receipt Address, or provides an address that is not ERC-20 compatible, may result in the loss of Participant Tokens.
3. Risks Associated with the ETH/BTC Protocol.
Because Tokens and the Ecosystem are based on the ETH/BTC protocol, any malfunction, breakdown or abandonment of the ETH/BTC protocol may have a material adverse effect on the Ecosystem or Tokens. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the Tokens and the Ecosystem, including the utility of the Tokens for obtaining Services, by rendering ineffective the cryptographic consensus mechanism that underpins the ETH/BTC protocol.
Additionally, ETH/BTC, including all necessary features of the ETH/BTC platform, may not be complete in a timely fashion for its use in the growth and development of the Ecosystem, which could also have an adverse effect of the utility of the Tokens in the Ecosystem.
4. Risk of Mining Attacks.
As with other decentralized cryptographic tokens based on the ETH/BTC protocol, the ROCK Tokens are subject to attacks by miners in the course of validating Token transactions on the ETH/BTC blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the Ecosystem and the Tokens, including, but not limited to, accurate execution and recording of transactions involving Tokens.
5. Risk of Hacking and Security Weaknesses.
Hackers or other malicious groups or organizations may attempt to interfere with the Ecosystem or the Tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the Ecosystem is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Ecosystem, which could negatively affect the Ecosystem and the Tokens, including the utility of the Tokens for obtaining Services.
6. Risks Associated with Markets for Tokens.
The Tokens are intended to be used solely within the Ecosystem, and the Company will not support or otherwise facilitate any secondary trading or external valuation of Tokens. This restricts the contemplated avenues for using Tokens to the provision or receipt of Services, and could therefore create illiquidity risk with respect to the Tokens Participant owns. Even if secondary trading of Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to Tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and diminish to zero.
7. Risk of Uninsured Losses.
Unlike bank accounts or accounts at some other financial institutions, Tokens are uninsured unless Participant specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer, such as the National Deposit Insurance Authority, or private insurance arranged by Company, to offer recourse to Participant.
8. Risks Associated with Uncertain Regulations and Enforcement Actions.
The regulatory status of the 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 Ecosystem and the Tokens. It is likewise difficult to predict how or whether legislation or regulatory agencies may implement changes to law and regulation effecting distributed ledger technology and its applications, including the Ecosystem and the Tokens. Regulatory actions could negatively impact the Ecosystem and the Tokens in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of the Tokens constitutes unlawful activity or that the 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. The Company 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.
9. Risks Arising from Taxation.
The tax characterization of Tokens is uncertain. Participant must seek Participant’s own tax advice in connection with purchasing Tokens, which may result in adverse tax consequences to Participant, including withholding taxes, income taxes and tax reporting requirements.
10. Risk of Competing Ecosystems.
It is possible that alternative ecosystems could be established that utilize the same open source code and protocol underlying the Ecosystem and attempt to facilitate services that are materially similar to the Services. The Ecosystem may compete with these alternatives, which could negatively impact the Ecosystem and Tokens, including the utility of the Tokens for obtaining Services.
11. Risk of Insufficient Interest in the Ecosystem or Distributed Applications.
It is possible that the Ecosystem will not be used by a large number of individuals, companies and other entities or that there will be limited public interest in the creation and development of distributed ecosystems (such as the Ecosystem) more generally. Such a lack of use or interest could negatively impact the development of the Ecosystem and therefore the potential utility of the Tokens, including the utility of the Tokens for obtaining Services.
12. Risks Associated with the Development and Maintenance of the Ecosystem.
The Ecosystem is still under development and may undergo significant changes over time. Although Company intends for the Tokens and Ecosystem to function as described in ANNEX A, and intends to take commercially reasonable steps toward those goals, Company may have to make changes to the specifications of the Tokens or Ecosystem for any number of legitimate reasons. Moreover, the Company has no control over how other participants will use the Ecosystem, what products or services will be offered through the Ecosystem by third parties, or how third-party products and services will utilize Tokens (if at all). This could create the risk that the Tokens or Ecosystem, as further developed and maintained, may not meet Participant expectations at the time of purchase. Furthermore, despite Company’s good faith efforts to develop and participate in the Ecosystem, it is still possible that the Ecosystem will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Ecosystem and Tokens, and the potential utility of the Tokens, including the utility of the Tokens for obtaining Services.
13. Risk of an Unfavorable Fluctuation of ETH or BTC Value.
If the value of ETH or BTC fluctuates unfavorably during or after the Pre-Sale or the Crowdsale, the Company team may not be able to fund development, or may not be able to develop or maintain the Ecosystem in the manner that it intended. In addition to the usual market forces, there are several potential events which could exacerbate the risk of unfavorable fluctuation in the value of ETH and/or BTC, including uncertainties created by the lack of resolution to the Bitcoin scaling debate, the possibility of a so-called "Hard Fork" of Bitcoin if one of the competing camps in the scaling debate decides to force the issue; another DAO-like attack on the ETH/BTC network; or significant security incidents or market irregularities at one or more of the major crypto-currency exchanges.
14. Risk of Dissolution of the Company or Ecosystem.
It is possible that, due to any number of reasons, including, but not limited to, an unfavorable fluctuation in the value of ETH and/or BTC (or other cryptographic and fiat currencies), decrease in the Tokens’ utility (including their utility for obtaining Services), the failure of commercial relationships, or intellectual property ownership challenges, the Ecosystem may no longer be viable to operate or the Company may dissolve.
15. Risks Arising from Lack of Governance Rights.
Because Tokens confer no governance rights of any kind with respect to the Ecosystem or the Company, all decisions involving the Company’s products or services within the Ecosystem or the Company itself will be made by the Company at its sole discretion, including, but not limited to, decisions to discontinue its products or services in the Ecosystem, to create and sell more Tokens for use in the Ecosystem, or to sell or liquidate the Company. These decisions could adversely affect the Ecosystem and the utility of any Tokens Participant owns, including their utility for obtaining Services.
16. Unanticipated Risks.
Cryptographic tokens such as the Tokens are a new and untested technology. In addition to the risks included in this ANNEX C, there are other risks associated with Participant’s purchase, possession, and use of the Tokens, including unanticipated risks. Such risks may further come forth as unanticipated variations or combinations of the risks discussed in this ANNEX C.
ANNEX D
GENERAL TERMS AND CONDITIONS
for Participants acquiring ROCK digital tokens
READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT HTTP://ROCKETICO.IO ("WEBSITE"), PRODUCTS OFFERED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED PARTICIPANT OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE NOR ITS PRODUCTS. YOU MAY BE REFERRED TO YOU OR THE ENTITY YOU REPRESENT.
SOFTECH LTD ("ROCKETICO") RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THE MODIFIED TERMS. IN PARTICULAR, ROCKETICO IS LIKELY TO CHANGE THESE TERMS AFTER THE DEVELOPMENT OF THE PRODUCT (PLATFORM AND SERVICE) AND ITS PUBLIC RELEASE. THESE TERMS ARE MOSTLY FOCUSED ON THE DISTRIBUTION OF ROCK DIGITAL TOKENS.
THIS DOCUMENT OR ANY OTHER DOCUMENT, PRODUCED AND SIGNED BY SOFTECH LTD, DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR SECURITIES IN SOFTECH LTD OR ROCKETICO OR THE WEBSITE OR THE PRODUCTS OFFERED THERETO. NONE OF THE INFORMATION OR ANALYSES PRESENTED ARE INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND ROCKETICO SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER AND SHALL NOT BE CONSTRUED AS INVESTMENT OR INVESTMENT ADVICE OR FINANCIAL PRODUCTS, BUT AS SOFTWARE. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES.
ACQUISITION OF ROCK DIGITAL TOKENS FROM ROCKETICO DOES NOT PRESENT AN EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF ORDINARY SHARES IN ROCKETICO OR THE WEBSITE, AND HOLDER OF ANY DIGITAL TOKENS, CREATED BY ROCKETICO IS NOT ENTITLED TO ANY GUARANTEED FORM OF DIVIDEND OR OTHER REVENUE RIGHT. HOLDERS OF ROCK DIGITAL TOKENS ARE ONLY ENTITLED TO THE USE OF ROCKETICO SERVICES, PROTOCOL AND OTHER RELEVANT ROCKETICO SOFTWARE AND CERTAIN OTHER RIGHTS WITHIN ROCKETICO IN ACCORDANCE WITH THE TERMS SET OUT HEREIN.
SOFTECH LTD EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) USAGE OR ACQUISITION OF PRODUCTS, AVAILABLE THROUGH THE WEBSITE.
1. TERMS
The following terms shall have the following meanings:
"BTC" or "Bitcoin" shall mean the digital currency and payment system using peer-to-peer transactions verified by network nodes and recording in a public distributed ledger called the blockchain.
"ETH" or "Ether" or "Ethereum" shall mean value token of the Ethereum blockchain called "Ether".
"Digital Asset" are tokens, available in particular public blockchain network, in this case Ether and Bitcoin.
"ETH/BTC" shall mean an open-source, public, blockchain-based distributed computing platform featuring smart contract (scripting) functionality.
"ROCK" means RocketICO digital token, which is used to reward participants of RocketICO platform for their participation, depends on their involvement.
"Project" shall have the meaning, set out in section 3 of ANNEX D.
"Restricted Areas" shall have the meaning, set out in paragraph 6.1. of ANNEX D.
"Terms" means these General Terms and Conditions.
"CryptoDNA" is a blockchain-based digital identities and trust ratings wallet, allowing the storage of Participant’s personal data, history, rating and ROCK token balances.
"Total ROCK Number" shall have the meaning, set out in ANNEX B (Creation and Allocation of Tokens by Company) to the Token Crowdfunding Agreement.
"VAT" means value added tax of relevant jurisdiction, if applicable.
"Website" shall mean http://RocketICO.io.
2. SOFTECH LTD
2.1. SOFTECH LTD is a limited liability company, established under the laws of Gibraltar.
2.2. SOFTECH LTD is a special purpose organization, incorporated for indefinite time for the purposes of developing the Project, as defined herein, and providing service and operational support for the Project.
2.3. SOFTECH LTD uses all of its funds for the development and running of the Project. SOFTECH LTD may to its best knowledge and diligence allocate funds, received through distribution, for the purposes of RocketICO, mainly development of the Project and operating costs of SOFTECH LTD may engage subcontractors to partially or entirely develop, execute and deploy the Project.
2.4. Participants understand that by acquiring ROCK they have no right or interested in SOFTECH LTD and its governance.
2.5. SOFTECH LTD reserves its right to nominate more directors should it establish that would be beneficial to SOFTECH LTD and the Project.
3. THE PROJECT
3.1. The SOFTECH LTD has been established for the development, managing and running of the Project RocketICO. At the time of drafting and publishing of these Terms, RocketICO platform is under development. It is understood that all features, set out herein, have not yet been developed and will at first not be available to ROCK holders.
3.2. RocketICO will act as a decentralized autonomous organization based on ETH/BTC smart contracts system.
3.3. ROCK is to be developed and run on public ETH/BTC network.
3.4. Deployment of the RocketICO will be done in accordance with the roadmap published on the Website.
3.5. The Project does not encompass and RocketICO is not provider of:
exchange services between virtual currencies and fiat currencies,
wallet or custodial services of credentials necessary to access virtual currencies (except CryptoDNA).
3.6. Participants understand and accept that the Project is currently in development phase and that still requires substantial development works. Due to unforeseeable material conceptual, technical and commercial changes before the final release, or any time after the release of the RocketICO, Participant understands and accepts that an upgrade of RocketICO and/or ROCK may be required and that, if Participant decides not to participate in such upgrade, he may no longer use his ROCKs and that non-upgraded ROCKs may lose their functionality in full.
4. ROCK STRUCTURE AND PERTAINING HOLDERS’ RIGHTS
4.1. ROCK will be ERC20 compatible ETH/BTC token. ROCKs will exchange for RocketICO`s services.
4.2. ROCK carries no rights, express or implied, other than those, set out herein, if RocketICO successfully completes and deploys the Project. In particular, ROCK holders shall not have any influence in the development or governance of RocketICO, and ROCK do not represent or constitute any ownership right or stake, share or security or equivalent rights or any right to receive future revenue shares, or any other form of participation in or relating to RocketICO.
5. ROCKETICO TOKEN DISTRIBUTION
5.1. Contributions, given to RocketICO in exchange for ROCK shall be considered as financial contribution. Contributions can be done only in ETH/BTC assets. Failure to follow the instructions on the Website may limit, delay, or prevent a Participant from donating. Participants understand and accept that the they make a contribution and receive ROCKs in exchange.
5.2. Token distribution is taken place on Website. The total maximum supply of ROCK is limited to 25 mln ROCKs . ROCK tokens allocation is described in ANNEX B (Creation and Allocation of Tokens by Company) to the Token Crowdfunding Agreement.
5.3. RocketICO reserves a right to emergency stop functionality to stop the distribution process. Use of this functionality shall remain in discretion of RocketICO and shall only be used in limited situations, such as, but not limited to:
serious security issue detected,
excessive number of ROCKs sold as a whole,
any type of material attack on the ROCKs or ETH/BTC network.
5.4. The funds raised from the ROCK distribution will be used exclusively for the development and running of the Project, as defined above.
5.5. Token distribution is conducted in six phases as described in ANNEX B (Creation and Allocation of Tokens by Company) to the Token Crowdfunding Agreement.
5.6. RocketICO reserves a right to change the dates, set out in ANNEX B (Creation and Allocation of Tokens by Company) to the Token Crowdfunding Agreement at any given time due to technical or organizational reasons, without any duty to provide explanation to the Participants or the public. Any such changes will be published on the Website.
5.7. The transfer and vesting of the ROCK to their beneficiaries will be effected as follows:
The participants in public distribution in accordance with ANNEX B (Creation and Allocation of Tokens by Company) to the Token Crowdfunding Agreement will receive ROCKs to the participants’ ETH/BTC addresses automatically by the RocketICO token sale smart contract, controlled by RocketICO, only in case of reaching the distribution’s Minimum Cap and pertaining ROCK will become transferrable after the end of the public distribution in accordance with ANNEX B (Creation and Allocation of Tokens by Company) to the Token Crowdfunding Agreement.
RocketICO will receive their reserved ROCKs after the end date of the public distribution only in case of reaching the distribution’s Minimum Cap.
5.8. Logs of all ROCKs purchases shall be publicly accessible on the ETH/BTC blockchain smart contract system.
5.9. All contributions to RocketICO in exchange for ROCK are final and nonrefundable. By participating in the ROCK tokens distribution, you acknowledge that RocketICO is not required to provide a refund for any reason, and that you will not receive money or other compensation instead of a refund. Any payments that should be refunded under legislation terms, will be refunded excluding any transaction fees.
6. ELIGIBILITY
6.1. The Website, RocketICO and ROCKs are not offered for use to natural and legal persons, having their habitual residence or their seat of incorporation in Republic of Belarus ("Restricted Areas"). The restricted Areas list can be supplemented in future at the sole discretion of the company
6.2. Natural and legal persons with their habitual residence or seat of incorporation from the Restricted Areas shall not use the Website, RocketICO and ROCKs.
6.3. RocketICO reserves its right to decide in its own discretion to adopt reasonable organisational and technical measures to assure that the Website and ROCKs are not available to persons from Restricted Areas.
6.4. Due to the ROCKs being offered on the Internet (meaning both the worldwide web and the ETH/BTC blockchain) RocketICO and Participants understand that there is a possibility that there might be a certain "flow back" of ROCKs to natural and legal persons with their habitual residence or seat of incorporation located in the Restricted Areas. RocketICO consequently explicitly prohibits persons from paragraph 6.1. from using the ROCKs. RocketICO shall not be held liable for any legal or monetary consequence arising of such use. Such persons using ROCKs despite the prohibition shall on first request indemnify and hold harmless RocketICO from any legal or monetary consequence arising of their breach of the terms as described in this paragraph 6.3. Any person, matching the criteria from paragraph 6.1., shall immediately stop using ROCKs and leave the Website.
6.5. If you are registering to use RocketICO on behalf of a legal entity, you represent and warrant that:
such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
you are duly authorized by such legal entity to act on its behalf.
6.6. You further represent and warrant that you:
are of legal age to form a binding contract (at least 18 years old in most of the jurisdictions);
have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
are not located in, under the control of, or a national or resident of any Restricted Areas;
have not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC); and
will not use the ROCKs if any applicable laws in jurisdiction of your habitual residence or incorporations prohibit you from doing so in accordance with these Terms,
have a deep understanding of the functionality, usage, storage of cryptographic tokens, smart contracts, and blockchain-based software,
have carefully reviewed the content of this document and have understood and agreed with these Terms,
will contribute ETH/BTC from a wallet or wallet service provider that technically supports the ROCKs,
you are not obtaining ROCKs for the purpose of speculative investment.
7. FINANCIAL REGULATION AND COOPERATION WITH LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS AND REGULATORS
7.1. The ROCK digital tokens are unregulated. RocketICO is closely following changes to legislation in the most relevant jurisdictions in the world and undertakes to act accordingly, if regulatory changes impact operations of ROCKs and RocketICO. RocketICO is not a financial institution and is currently not under supervision of any financial supervisory authority. RocketICO does not provide any licensed financial services, such as investment services, capital raising, fund management or investment advice. This ROCKs distribution is not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation.
7.2. This document or any other document, produced and signed by RocketICO, as well as the Website, and any of their content does not constitute an offer or solicitation to sell shares or securities.
7.3. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended, and RocketICO services and the Website are not, do not offer and shall not be construed as investment or financial products.
7.4. RocketICO undertakes to cooperate with any governmental legal authority or regulator or supervisory authority of any country, and also with all authorized financial institutions.
8. LIABILITY
8.1. RocketICO and its affiliates and their respective officers, employees or agents will in regard to the Website, RocketICO and ROCKs not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the Website, RocketICO and ROCKs).
8.2. Further, neither Company nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with:
your inability to use the Website, RocketICO services and ROCKs, including without limitation as a result of any termination or suspension of the ETH/BTC network or this agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions;
the cost of procurement of substitute goods or services;
any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the to the Website, RocketICO services and ROCKs; or
any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with to the Website, RocketICO services and ROCKs.
8.3. You waive your right to demand the return of any cryptographic tokens you exchanged with us for the purpose of acquiring ROCKs, including, without limitation, a demand for specific performance.
8.4. You will defend, indemnify, and don't cause harm to us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Terms or your use of the Website, RocketICO services and ROCKs contrary to these Terms. If we or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
8.5. The information, software, products, and services included in or available through the Website and RocketICO may include inaccuracies or typographical errors. Changes are periodically added to the information herein. RocketICO and/or its suppliers may make improvements and/or changes in the Website and RocketICO services at any time. RocketICO makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the to the Website, RocketICO, ROCK, information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website, RocketICO and ROCK, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. RocketICO hereby disclaims all warranties and conditions with regard to the Website, RocketICO, ROCKs, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.6. You warrant to RocketICO that you will not use the Website, RocketICO services and ROCKs for any purpose that is unlawful or prohibited by these Terms. You may not use RocketICO services and ROCKs in any manner that could damage, disable, overburden, or impair RocketICO services and ROCKs or the Website.
9. PRIVACY
ATTENTION: CHILDREN. MINORS (THOSE UNDER THE AGE OF 18) MAY NOT USE THE SITE. WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18, AND NO PART OF THE SITE IS DESIGNED TO ATTRACT ANYONE UNDER THE AGE OF 18. BECAUSE WE DO NOT INTENTIONALLY COLLECT ANY INFORMATION FROM CHILDREN UNDER THE AGE OF 18, WE ALSO DO NOT KNOWINGLY SHARE OR DISCLOSE SUCH INFORMATION TO THIRD PARTIES. IF YOU HAVE REASON TO BELIEVE THAT A CHILD UNDER 18 YEARS OF AGE HAS PROVIDED US WITH PERSONAL INFORMATION, PLEASE CONTACT US AT AND WE WILL TAKE APPROPRIATE ACTION UNDER APPLICABLE LAW.
9.1. RocketICO collects information from running the Website and uses information, provided to us by you. When you visit the Website, or use our products, we collect information sent to us by your computer, mobile phone, or other access device. This information may include your IP address, device information including, but not limited to, identifier, name, and type, operating system, mobile network information and standard web log information, such as your browser type, and the pages you accessed on our Website. When you use a location-enabled device with our Website and products, we may collect geographical location data or use various means to determine the location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and WiFi access spots. However, we will not release your personally-identifying information to any third party without your consent, except as set forth herein.
9.2. When you access the Website, or use our products or services we (or service provider on our behalf) may place small data files called cookies on your computer or other device. We use these technologies to recognize you as our Participant; customize our Website and advertising; measure promotional effectiveness and collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
9.3. In principle we do not, but we may store and process your personal information on our servers, where our facilities or our service providers are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls. We also authorize access to personal information only for those employees who require it to fulfill their job responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time be stored also in other locations.
10. TAXES
10.1. All your factual and potential tax obligations are your concern and RocketICO is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues, including but not limited what kind of filing or reporting you need to do with the competent tax authority, which taxes and to which extent you are obliged to pay, which tax exemptions you are eligible to etc.
10.2. All fees and charges payable by you are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you are obliged to notify us and are obliged to pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you are obliged to provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
11. INTELLECTUAL PROPERTY
11.1. We (RocketICO) retain all right, title and interest in all of our brand names, graphics, Participant interface design, text, logos, images information and data ("Retained RocketICO IP"), whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. You may not use any of the Retained RocketICO IP for any reason, except with our express, prior, written consent.
11.2. These Terms shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights over Retained RocketICO IP being subject to any open source license, unless it is explicitly defined so in these Terms.
11.3. Retained RocketICO IP is the property of RocketICO and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
12. NOTICES
12.1. We may provide any notice to you under this Terms by:
posting a notice on the Website; or
sending an e-mail to the email address then associated with your account.
Notices we provide by posting on the Website will be effective upon posting and notices we provide by e-mail will be effective when we send the e-mail. It is your responsibility to keep your e-mail address current. You will be deemed to have received any e-mail sent to the e-mail address then associated with your account when we send the email, whether or not you actually receive or read the email.
12.2. To give us notice under these Terms, you must contact us by e-mail disclosed on the Website. We may update this e-mail address for notices to us by posting a notice on our Website. Notices to us will be effective one business day after they are sent.
12.3. All communications and notices to be made or given pursuant to these Terms must be written in English.
13. MISCELLANEOUS
13.1. Materials, such as Whitepaper and others, published in the Website or elsewhere, are not binding and do – unless explicitly referred to herein – not form part of these Terms, and are of descriptive nature only.
13.2. We do not permit individuals under the age of 18 to register with our Website and use our products. If we become aware that a child under the age of 18 has provided us with personal information, we will delete such information from our files immediately and block its access to our Website and products.
13.3. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in blockchain technology (broadly construed), changes in the ETH/BTC or any other blockchain protocols or any other force outside of our control.
13.4. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right
to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and
to assist third party developers or systems integrators who may offer products or services which compete with the other party’s’ products or services.
13.5. These Terms do not create any third-party beneficiary rights in any individual or entity.
13.6. You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
13.7. The failure or omission by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be unequivocal and in writing to be effective.
13.8. Except as otherwise set forth herein, if any part of these Terms is held to be invalid or unenforceable, the remaining parts of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.
13.9. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, or in connection with the use of Website, RocketICO and ROCK shall be settled by arbitration as set forth in paragraph 19 of the Token Crowdfunding Agreement.
13.10. Prior to filing any claims in accordance with paragraph 13.9, you undertake to file such claim or request directly to RocketICO via e-mail at address disclosed on the Website. You agree that you will not file any claims in accordance with paragraph 13.9 earlier than 30 days after sending such claim or request to RocketICO in accordance with this paragraph 13.10. Any claim, filed with the arbitral tribunal contrary to the rules set out in this paragraph 13.10, shall be rejected immediately by the tribunal as premature.
13.11. These Terms represent the entire agreement between you and us regarding the subject matter of these Terms, in particular use of the Website, the RocketICO and ROCKs. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.
13.12. These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact RocketICO via e-mail and immediately navigate away from the Website and cease using RocketICO services.
I have read and understood the Terms and Conditions set out hereinabove in the Token Crowdfunding Agreement including its ANNEXs A, B, C, and D (the "Terms and Conditions"). I understand that it may affect my rights. I agree to be bound by its Terms and Conditions. By clicking on the "BUY ROCKS" button, I confirm:
I AM NOT IN BELARUS OR ANY OTHER RESTRICTED TERRITORY;
I AM NOT A BELARUS PERSON OR OTHERWISE RESIDENT IN BELARUS OR ANY OTHER RESTRICTED TERRITORY;
I AM NOT INVESTING OR OTHERWISE ACTING FOR THE ACCOUNT OR BENEFIT OF A BELARUS PERSON OR A RESIDENT OF BELARUS OR ANY OTHER RESTRICTED TERRITORY;
I HAVE COMPLIED WITH ALL APPLICABLE LAWS AND AM ABLE TO RECEIVE THE CONTENTS OF THE FOLLOWING PAGES (INCLUDING DOCUMENTS POSTED THEREON);
AS USA, SINGAPORE OR SOUTH KOREAN PARTICIPANTS I DECLARE
- I HAVE BASIC KNOWLEDGE AND UNDERSTANDING OF THE PRINCIPLES OF BLOCKCHAIN BASED TECHNOLOGIES, SMART-CONTRACTS AND CRYPTO-CURRENCIES FUNCTIONING, ICO, ETC.;
- I UNDERSTAND AND ACCEPT THAT ROCKS ARE ONLY UTILITY TOKENS AND NOT SECURITY OR INVESTMENT TOKENS;
- I UNDERSTAND AND ACCEPT THE RISK OF POSSIBLE LOSSES;
- WITH SIGNING THE PRESENT AGREEMENT I DECLARE AND CONFIRM THAT MY CONTRIBUTION TO ROCKETICO DOES NOT EXCEED 10% OF MY RECENT ANNUAL INCOME AND I GUARANTEE THAT THIS DOES NOT HAVE A HARMFUL EFFECT ON MY STANDARD LIVING. ALSO, I DECLARE AND REPRESENT THAT I HAVE A REASONABLE EXPECTATION OF REACHING THE REQUIRED INCOME LEVEL DURING THE CURRENT YEAR.
- I DECLARE TO TRANSFER THE ETH AND THE BTC FOR THE ROCK ACQUISITION VOLUNTARILY AND ON MY OWN WILL;
- IF IT WILL BE REQUIRED DUE TO THE CURRENT LEGISLATION OR THE REQUIREMENTS OF OFFICIAL REGULATORY AUTHORITIES, I UNDERTAKE TO PROVIDE COPIES OF MY IRS FORMS FOR REVIEW.
I HAVE UNDERSTOOD AND ACCEPTED THAT ACQUISITION OF ROCK TOKENS ARE NON-REFUNDABLE AND CONTRIBUTIONS CANNOT BE CANCELLED. I HAVE UNDERSTOOD THAT I MAY LOSE ALL AMOUNTS CONTRIBUTED.
I HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS, PRAVICY POLICY AND THE WHITEPAPER PUBLISHED on http://RocketICO.io ; AND
I REPRESENT AND WARRANT THAT I AM ACCESSING THESE WEBPAGES ON MY OWN WILL.
