Legal notice

30 November 2021 2022-09-07 15:30

TERMS OF USE & Privacy Policy

$1 Definitions

AR NFT Tokena utility token issued by Hololoot or by a third-party;
HOL Tokena utility token issued by Hololoot;
Hololoot or the “CompanyHololoot GmbH Switzerland, IDE-CHE-310.724.064;
LP Tokena token issued by a third-party;
PIXEL Tokena utility token issued by Hololoot;
Websitethe Company’s website as available at: https://www.hololoot.io/
Service(s)the services as described under art.§2 of the TOU;
Terms of Use or TOUthe present document detailing the conditions of use of Hololoot’s Services and to which Users are bound;
User(s)any natural person or legal person, using the services provided by Hololoot;
White PaperThe latest version of the document labelled as “White Paper” regarding the Hololoot’s project and as available on the Website;

$2 Services

  1. Hololoot provides to the User the following services:
    1. Use of the Website;
    2. Broadcasting of information regarding the Hololoot project;
    3. Claiming mechanism for HOL Tokens;
    4. External linking towards third-party services.
  2. Services not provided by Hololoot includes (but are not limited to):
    1. Staking HOL and LP Tokens;
    2. Trading, buying or selling HOL and LP tokens, or trading any other cryptocurrencies (eg. BTC vs.HOL or BTC vs. USDT), with the exception of the operation organised on the Hololoot’s marketplace.
  3. Others services are offered by Hololoot but are not covered under the present TOU. Those services are falling under separate terms of use and service agreement. The services include (but are not limited to):
    1. Hololoot Mobile Application (IOS / Android);
    2. Hololoot’s Marketplace (including the trading and minting AR NFT);
    3. Hololoot’s INO Launchpad
    4. Hololoot’s Wallet;
    5. Hololoot’s cloud services;
    6. License and issuance contracts of the tokens.

§3 Use of the Website

a. PERSONAL & GEOGRAPHICAL SCOPE

  1. By visiting or using (browsing, surfing, etc.) the Website, the User is bound to the present TOU.
  2. By using the Website, the User acknowledges he/she is over 18 years old and/or as reach the legal age of adulthood in its country of residence. Further, Users must have legal capacity and be capable to be legally bound by the TOU.
  3. In terms of geographical scope, Hololoot’s services are not available in certain jurisdictions. Hence, by using the Website you acknowledge not to have any link with one of those jurisdictions. Hololoot’s services excludes Users and use from and in any relation with the following jurisdictions:
    • USA
    • China
    • United Kingdoms
    • Canada
    • all jurisdictions falling under the FATF’s list and that are considered deficient or under increased monitoring,

b. USE OF THE WEBSITE

  1. In order to use the Website and the services provided within it, a device with a web browser that supports JavaScript and cookies, with access to the Internet are necessary. The User bears the fees related to the access to the Internet in accordance with the tariffs of his telecommunications operator.
  2. Hololoot reserves that the use of the Services specified in these TOU may be associated with a standard risk related to the use of the Internet and recommends Users to take appropriate steps to minimize them. The User is obliged to protect his passwords and data, private key, in particular not to disclose them to third parties. In the event of planned breaks, modernization or other similar cases, Hololoot has the right to notify Users about them via the e-mail address eventually provided to them or via the Website directly.
  3. Hololoot reserves the right to suspend or terminate the provision of individual functionalities of the Website due to the need for maintenance, inspection, or expansion of the technical base, if it is required for the stability of the Website.
  4. In order to avoid phishing or any other attacks, User must take all necessary measures to make sure that the Website is the one run by the Company (e.g. by bookmarking it).

c. PROPER USE OF THIS WEBSITE

The Website shall be used for lawful purposes only. The User undertakes that he will notably (non-exhaustively) not:

  1. Use the Website in any way that breaches any applicable local, national, federal or international law or regulation;
  2. Copy, use, disclose or distribute any information obtained from the Website, whether directly or through third parties, without our consent;
  3. Use, disclose or distribute any data obtained in violation of these Terms;
  4. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
  5. Violate the Company’s intellectual property or other rights, including, without limitation:
    1. copying or distributing our materials
    2. copying or distributing our technology, unless it complies with the term of its open-source licenses;
  6. Imply or state that you are affiliated with or endorsed by Hololoot without our express consent;
  7. Rent, lease, loan, trade, sell/resell access to the Website or related data;
  8. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
  9. Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
  10. Harass, abuse or harm other users;
  11. Send or post any unsolicited or unauthorized advertising, “junk mail” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by Hololoot;
  12. Disclose information that you do not have the consent to disclose, such as confidential information of others;
  13. Post content that contains software viruses, worms, or any other harmful code;
  14. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Website or otherwise copy data from the Website;
  15. Bypass or circumvent any access controls or Website use limits;
  16. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology;
  17. Monitor the Website’s availability, performance or functionality for any competitive purpose;
  18. Access the Website except through the interfaces through that are not provided as legitimate in our consideration;
  19. Override any security feature of the Website;
  20. Interfere with the operation of the Website, as also place any undesirable or unreasonable amount of content on our website (e.g., spam, denial of service attack, viruses).

§4 CLAIMING HOL

  1. The buyers of HOL can eventually claim their tokens via the claim option on the Website.
  2. Unclaimed tokens will be burned after a period of time exceeding 60 days.
  3. In the eventuality buyers fails to claim the tokens in due time, no damage claim, no refund nor compensation will be possible.

§5 CONNECTING WALLET

  1. In order to use some of the functionalities of the Website, the User might need to connect its wallet to the Website.
  2. Connecting with the Website’s functionalities is made by connecting the User’s wallet available as a browser extension.
  3. Hololoot does not obtain, via the connection of the user’s wallet, knowledge of any sensitive data, or any cryptoassets (non-custodial wallet) held by or concerning the User. In particular, we highlight that Hololoot cannot at any time access the User’s cryptocurrency sitting in its Wallet.

§6 SERVICES PROVIDED BY THIRD-PARTY

  1. The Website contains external link (e.g. LinkedIn, medium, etc.) and interface with services provided by third-party services providers (e.g. Binance, Synapse, etc.).
  2. The interfaces towards third-party services providers include notably services relating to the trading of HOL and other cryptocurrencies, and the of staking services.

§7 LIABILITIES

  1. 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 (I) RELIANCE ON ANY INFORMATION CONTAINED ON THE WHITE PAPER, WEBSITE, INCLUDING BLOG, SOCIAL MEDIA (TWITTER, FACEBOOK, ETC.) AND ANY PRESS RELEASE OR ARTICLE OR PUBLIC STATEMENTS MADE BY THE COMPANY (II) ANY ERROR, OMISSION, OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING FROM SUCH INFORMATION.
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, (A) THE WEBSITE IS OPERATED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE HOLOLOOT PROJECT AND ITS WEBSITE (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE; (B) WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, TOKENS OR APPLICATIONS OR THE HOLOLOOT SYSTEMS ARE RELIABLE, CURRENT, ERROR-FREE, OR DEFECT-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE OVERALL SYSTEM, WEBSITE OR THE DELIVERY MECHANISM FOR THE TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.YOU UNDERSTAND THAT HOLOLOOT DEALS WITH DISTRIBUTED LEDGER TECHNOLOGY, WHICH CONSTITUTES A NEW AND UNTESTED TECHNOLOGIES OUTSIDE OF OUR CONTROL AND ADVERSE CHANGES IN MARKET FORCES OR TECHNOLOGY WILL EXCUSE OUR PERFORMANCE UNDER THESE TERMS. TRANSACTIONS USING DISTRIBUTED LEDGER TECHNOLOGY ARE AT RISK TO MULTIPLE POTENTIAL FAILURES, INCLUDING HIGH NETWORK VOLUME, COMPUTER FAILURE, DISTRIBUTED LEDGER FAILURE OF ANY KIND, USER FAILURE, COIN THEFT, AND NETWORK HACKING. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA, COINS, HARDWARE OR SOFTWARE RESULTING FROM ANY TYPES OF FAILURES, THEFT, OR HACK.
  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL THE COMPANY OR ANY OF THE COMPANY PERSONNEL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, DIMINUTION OF VALUE, LOSS OF USE OR DATA, LOSS OR DEPLETION OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONTRACT, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, OR THE LIKE) ARISING OUT OF OR IN ANY WAY RELATED TO THE HOLOLOOT PROJECT OR THE $HOL TOKEN SALE OR USE OF THE $HOL TOKENS OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY PERSONNEL (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE WEBSITE OR THE TOKENS, EXCEED THE AMOUNT OF 1’000.- CHF OVERALL.
  4. To the fullest extent permitted by applicable law, you release the Company Personnel from responsibility, liability, claims, demands, and/or damages (direct and indirect) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties.
  5. In particular, Hololoot is not responsible for:
    1. deletion of data entered by Users into the Website’s ICT system through ICT systems beyond the control of Hololoot;
    2. the consequences of providing third parties with access to the User’s cryptocurrency wallet;
    3. financial losses incurred by Users resulting from the inability to make transactions via the Website during the technical break,
    4. technical problems or limitations, including the speed of data transmission of computer equipment, terminal equipment, ICT system and telecommunications infrastructure used by the User, which prevent the User from using the Website,
    5. the effects of using the Website by the User in a manner inconsistent with applicable law, the Terms of Use or customs adopted in this regard.
  6. Hololoot provides the Website and Services on an “as is” and “as available” basis. Hololoot notably does not represent or warrant that the Website and Services:
    1. will be uninterrupted, timely, safe, or secure,
    2. will be free of inaccuracies, errors, or vulnerabilities,
    3. will meet User’s expectations or requirements, or
    4. will operate in the configuration or with the hardware or software a User uses.

§8 IP RIGHTS

  1. Hololoot reserves all the rights to the intellectual property on the Website, notably, articles, Information, data, and other materials including trademarks, logos, brand names are intellectual property of their respective owners.
  2. Users are not allowed to reproduce, reprint, publish, or otherwise exploit our’ content or technology on the Website without Hololoot express prior written consent.
  3. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please send us a notification of claimed copyright infringement ([email protected]), which must include the information under section 9 and in addition the following elements:
    1. a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
    2. specific identification of each copyrighted work claimed to have been infringed;
    3. a description of where the material believed to be infringed is located (please be as detailed as possible and provide a URL to help us locate the material you are reporting)
    4. contact information for the complaining party, such as a complete name, address, telephone number, and email address;
    5. a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

§9 FILING COMPLAINTS

  1. Complaints regarding the functioning of the Website or services provided through it may be submitted electronically to the following e-mail address: [email protected]
  2. The complaints should include:
    1. name and surname of the person submitting the complaint;
    2. a detailed description of the event constituting the basis for the notification and indication of the claims of the claimant
  3. Complaints may be submitted within 60 days from the date of the event giving rise to the complaint. About keeping the deadline for the complaint submitted to the e-mail address indicated in paragraph 1, the date of dispatch of the complaint via the e-mail address of the claimant is decisive.
  4. Hololoot reserves the right not to consider the complaint if the claimant has not met the conditions referred to in point 2 above and did not meet the deadline referred to in point 3 above.

Hololoot shall consider the complaint immediately, not later than within 30 days of its receipt. After the complaint procedure is exhausted, the person submitting the complaint has the right to pursue unrecognized claims in the competent court

§10 DATA PROTECTION LAW

a. PERSONAL DATA

  1. Hololoot process personal data of Users and of other individuals that submit a complaint.
  2. The goals of the processing of data includes the access to the Website, its improvement, and the delivery of the Services as described under those TOU and in general by Hololoot or by any third-party service providers.
  3. Personal data of Users are processed by Hololoot pursuant primarily to the User’s consent (Art. 13 DPA; 6 al.1 GDPR). By using and interacting with the website you consent to the processing of your personal data. Other motives can come into places as any of the one listed under art. 13 al.2 DPA; 6 al.1 let.a-f GDPR.
  4. In particular, the consent is given regarding to an eventual transfer of the personal data to a third-party and in any foreign country (e.g. the USA, BVI, South Africa) in the eventuality it is necessary for the purpose of the present relationship or the interactions that is sought by the User.
  5. The administrator may share the personal data of the entities in accordance with applicable law, at the request of law enforcement authorities, other public administration bodies, the Police and other services. The provision of personal data does not require the prior consent of the person, whose personal data are shared.

b. COOKIES

  1. The Website does not automatically collect any information, except for information contained in cookies.
  2. Cookie files (so-called “cookies”) are IT data, in particular text files, which are stored on the User’s end device and are intended for the use of the Website. Cookies usually contain the name of the website they come from, the storage time on the end device and a unique number.
  3. Cookies are used for the following purposes:
    1. adjusting the content of the Website’s websites to the User’s preferences and optimizing the use of websites; in particular, these files allow to recognize the User’s device and properly display the website, tailored to his individual needs;
    2. creating statistics that help to understand how Users use websites, which allows improving their structure and content;
    3. maintaining the User’s session (after logging in);
    4. cooperation with persons responsible for service marketing.
  4. The Portal uses two basic types of cookies: session cookies and persistent cookies. Session cookies are temporary files that are stored on the User’s end device until they leave the website or turn off the software (web browser). Persistent cookies are stored on the User’s end device for the time specified in the cookie file parameters or until they are deleted by the User.
  5. The following types of cookies are used on the Website:
    1. “necessary” cookies, enabling the use of services available on the Website, e.g. authentication cookies used for services that require authentication on the Website;
    2. cookies used to ensure security, e.g. used to detect fraud in the field of authentication on the Website;
    3. “performance” cookies, enabling the collection of information on the use of the Website’s websites;
    4. “functional” cookies, enabling “remembering” the settings selected by the User and personalizing the User’s interface, eg in terms of the selected language or region of the User, font size, website appearance, etc .;
    5. “advertising” cookies, enabling the delivery of advertising content to the User more tailored to his interests.
  6. In many cases, the software used for browsing websites (web browser) allows cookies to be stored on the User’s end device by default. The user can change the cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about their every entry in the User’s device. Detailed information on the possibilities and methods of handling cookies is available in the software (web browser) settings. Hololoot informs that restrictions on the use of cookies may affect some of the functionalities available on the Website’s websites.
  7. Cookies placed on the User’s end device may also be used by advertisers and partners cooperating with Hololoot.

§11 Final Provisions

  1. The TOU and any claims in relation or arising with Hololoot’s project or its Services falls under Swiss law. The competent court are the tribunals of Zurich, Switzerland.
  2. This Terms of Use can be changed by the amendments of Hololoot at its own discretion, at any time.
  3. If any of provisions aforementioned in these Terms of Use are to be found void, invalid, unenforceable or illegal by a court of law, validity and enforceability of other provisions shall not be affected in any way. If any provisions are to be declared unenforceable, a Users agrees to an amendment made by Hololoot to provide for the enforcement of those provisions to the fullest extent permitted by applicable law.
  4. If any of the provisions aforementioned in these Terms of Use is found to be invalid and/or unenforceable under any applicable law, it shall not render these Terms of Use unenforceable and/or invalid as a whole, and such provisions shall be deleted without any effect on remaining provisions whatsoever.