Terms Of ASIMI Token Use
Your acquisition and use of Asimi Tokens (Asimi) from Hashing Ad Space, a trading name of Bitani INC, headquartered at 4201 Hampshire St, Plano TX 75093, e-mail: [email protected] (hereinafter referred to as “The Company”) is subject to these Terms of Use (Terms). Both you and The Company is a Party, and together with the Parties. By using Asimi, you will be bound by these Terms and all terms incorporated by reference. If you have any questions regarding these Terms, please contact us at [email protected].
You and Company agree with the following:
1. PURPOSE AND USE OF ASIMI TOKENS
Asimi Tokens are intended to be used for targeted advertising transactions and services (The Services), as facilitated through a decentralized platform that The Company and its affiliates are developing. Ownership of Asimi tokens carries no rights, express or implied, other than the right to use Asimi as a means to obtain services and to enable usage of and interaction with The Company’s platform.
You understand and accept that Asimi Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights, or any other form of participation in or relating to The Company’s platform, and/or Company and its corporate affiliates, other than rights relating to the receipt of services and use of The Company’s platform, subject to limitations and conditions in these Terms and applicable Platform Terms and Policies (as defined below). Asimi Tokens are not intended to be a digital currency, security, commodity or any other kind of financial instrument.
2. SCOPE OF TERMS OF ASIMI Token USE
The use of Asimi tokens in connection with the services offered by The Company may be governed by other applicable terms and policies. You should always consult the latest version of the Terms and Conditions on the sites where Asimi is used. The Company may add terms or policies to the Terms and Policies of those sites at its sole discretion and may update them from time to time according to modification procedures set forth therein.
3. REFUNDS AND REFUSALS
Your acquisition of Asimi Tokens is final, and there are no refunds or cancellations except as may be required by applicable law or regulation. The Company reserves the right to refuse or cancel Asimi Token acquisition requests at any time at its sole discretion.
4. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
You acknowledge and agree that there are risks associated with acquiring Asimi Tokens, holding Asimi Tokens, and using Asimi Tokens in connection with the services provided by The Company and its partners. By acquiring Asimi Tokens, you expressly acknowledge and assume these risks.
You are responsible for implementing and maintaining reasonable measures for securing the wallet, vault, or another storage mechanism you use to receive and hold Asimi Tokens you purchase from us, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Asimi Tokens. We are not responsible for any such losses.
5. SECURITY
You are responsible for implementing and maintaining reasonable measures for securing the wallet, vault, or another storage mechanism you use to receive and hold Asimi Tokens you purchase from us, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Asimi Tokens. We are not responsible for any such losses.
6. KYC (Know Your Client) PROCEDURES
We may determine, in our sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable law or regulation in connection with providing Asimi Tokens to you. You agree to provide us such information promptly upon request, and you acknowledge that we may refuse to provide Asimi to you until you provide such requested information and we have determined that it is permissible to provide you Asimi under applicable law or regulation.
7. TAXES
You are responsible for determining what, if any, taxes apply to your acquisition of Asimi Tokens, including, for example, sales, use, value-added, and similar taxes. It is also your responsibility to withhold, collect, report, and remit the correct taxes to your appropriate tax authorities. We are not responsible for withholding, collecting, reporting, or remitting any sales, use, value-added, or similar tax arising from your acquisition or use of Asimi Tokens.
8. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company and our 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 from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (a) your purchase or use of Asimi Tokens, (b) your responsibilities or obligations under these Terms, (c) your violation of these Terms, or (d) your violation of any rights of any other person or entity.
The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Company.
9. DISCLAIMERS
To the fullest extent permitted by applicable law and except as otherwise specified in a writing by us, Asimi tokens are traded “AS IS”, without any implicit or explicit warranties of merchantability, the fitness of purpose, title, and/or non-infringement. Although The Company makes all possible efforts to the contrary, The Company cannot warrant 100% that Asimi Tokens are reliable, current or error-free, meet your particular requirements, or that any defects in Asimi Tokens will be corrected. Furthermore, The Company cannot warrant that the Asimi Tokens or their means of delivery are free of harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimers of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall The Company or any of its associated parties shall be held liable for any indirect, special, consequential, incidental, or exemplary damages of any kind resulting from the use of Asimi Tokens.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
11. RELEASE
To the fullest extent permitted by applicable law, you release The Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
12. GOVERNING LAW AND VENUE
These Terms will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out or relating to these Terms or its subject matter or formation (including non-contractual Disputes of claims) that is not subject to arbitration will be resolved in the courts of The British Virgin Islands.
13. SEVERABILITY
If any term, clause, or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
14. MISCELLANEOUS
These Terms constitute the entire agreement between you and The Company relating to your acquisition or use of Asimi Tokens. The Company may make changes to these Terms from time to time as reasonably required to comply with applicable law or regulation. Any changes to these Terms shall be posted on www.asimi.io. The amended Terms will be effective immediately. The Company may assign it’s rights and obligations under these Terms. The Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
The Company 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. Acquiring and using Asimi Tokens does not create any form of partnership, joint venture or any other similar relationship between you and The Company. Except as otherwise provided in herein, these Terms are intended solely for the benefit of you and The Company and are not intended to confer third-party beneficiary rights upon any other person or entity.
You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form, with English being the agreed-upon language of conversation.
