Terms of Service
Last updated on 08 May 2024
1. DEFINITIONS
- Account – a User`s account on RIDO APP. Such Account may be used to log into RIDO APP as well as to view achievements of the User.
- RIDO – RIDO Association, a non-profit association within the meaning of Article 60 of Swiss Civil Code domiciled in Zug, Switzerland.
- RIDO APP – an active lifestyle community building ride-and-earn application with Web3 and blockchain features.
- Energy – a digital resource native to the RIDO APP, which grants every User a certain amount of Energy units over a fixed time period.
- NFT – a non-fungible cryptographic decentralized token based on Ethereum or other protocol (such as ERC-721 or ERC-1155 tokens) designed with direct utility within the RIDO APP, providing unique benefits within the RIDO APP and/or having artistic value as collectible digital art asset.
- Token – $RIDO, $RDC or any other cryptographic decentralized token based on the Ethereum, Binance blockchain or other protocol (such as ERC20, BEP20 or other token) designed to have a direct utility within the RIDO APP. $RIDO and $RDC are utility tokens, which are a type of crypto-asset which are intended to provide digital access to a good or service, available on distributed ledger technology, and is only accepted by the RIDO;
- User – any person, customer or a legal entity utilizing RIDO APP, and any products, features and services provided thereon.
- User Generated Content – any content a User makes available to other users through your use of multi-user features on the RIDO APP through use of content, services or otherwise.
2. Use Case of Tokens and NFTs
2.1 Use Case of $RIDO:
$RIDO is the primary token of the RIDO APP and its wider ecosystem, which may be used for enabling various perks in RIDO APP, unlocking or upgrading various items, features and NFTs.
2.2 Use Case of $RDC:
$RDC is the secondary token of the RIDO APP and wider ecosystem, which may be used for enabling various perks in RIDO APP, unlocking items, features NFTs, as well as participating in various in-app ride-to-earn tournaments. $RDC can only be earned by using RIDO APP and is not sold by RIDO or otherwise made available for purchase by RIDO.
2.3 Use Case of NFTs:
$RDC is the secondary token of the RIDO APP and wider ecosystem, which may be used for enabling various perks in RIDO APP, unlocking items, features NFTs, as well as participating in various in-app ride-to-earn tournaments. $RDC can only be earned by using RIDO APP and is not sold by RIDO or otherwise made available for purchase by RIDO.
2.3.1 NFTs
RIDO NFTs are non-fungible tokens based on ERC-721 or ERC-1155 Ethereum smart contract standard. Owners of RIDO NFTs will also be able to earn $RDC tokens by engaging with RIDO APP, participating in ride-to-earn tournaments and will be eligible for receiving various rewards and bonuses.
2.3.2 Bike NFTs
RIDO NFTs are non-fungible tokens based on ERC-721 or ERC-1155 Ethereum smart contract standard. Owners of RIDO NFTs will also be able to earn $RDC tokens by engaging with RIDO APP, participating in ride-to-earn tournaments and will be eligible for receiving various rewards and bonuses.
2.3.3 Items
RIDO Bike NFTs are non-fungible tokens based on ERC-721 or ERC-1155 Ethereum smart contract standard. Bike NFTs will be the keys for accessing the ride-to-earn mode on RIDO APP. Owners of Bike NFTs will be able to earn $RDC tokens by using RIDO APP, participating in ride-to-earn tournaments and will be eligible for receiving various rewards and bonuses.
3. ACCEPTANCE OF TERMS OF USE
RIDO is only permitting to make RIDO APP available to the User if the User accepts all these Terms of Use, as well as the Terms of Use contained in other documents issued by RIDO, such as, but not limited to RIDO Privacy Policy, RIDO Whitepaper as well as various rules communicated on RIDO APP. By using the RIDO APP or any other official RIDO product, the User confirms that the User has read, understands, and agrees to be bound by all of these Terms of Use. If the User does not agree and/or accept all of these Terms of Use, then the User is expressly prohibited from using the RIDO APP and must discontinue use immediately.
4. Prohibited Activities
The User may not access or use the RIDO APP, the Tokens or the NFTs for any purpose other than that for which the RIDO APP, the Tokens or the NFTs are made available. The RIDO APP, the Tokens or the NFTs may not be used in connection with any commercial endeavours except those expressly permitted under these Terms of Use or agreed to in a binding legal contract with RIDO.
The User expressly agrees not to:
- Systematically retrieve data or other content from the RIDO APP to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from RIDO.
- Make any unauthorized use of the RIDO APP, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use a buying agent or purchasing agent to make purchases on the RIDO APP.
- Use the RIDO APP to advertise or offer to sell goods and services, unless expressly permitted under these Terms of Use or agreed to in a binding legal contract with RIDO.
- Circumvent, disable, or otherwise interfere with security-related features of the RIDO APP, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the RIDO APP, and/or the content contained therein.
- Engage in unauthorized framing of or linking to the RIDO APP.
- Trick, defraud, or mislead RIDO and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of RIDO support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the RIDO APP, networks or services connected to the RIDO APP.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer the User`s profile.
- Use any information obtained from the RIDO APP in order to harass, abuse, or harm another person.
- Use the RIDO APP as part of any effort to compete with us or otherwise use the RIDO APP and/or its content for any revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the RIDO APP.
- Attempt to bypass any measures of the RIDO APP designed to prevent or restrict access to the RIDO APP, or any portion of the RIDO APP.
- Harass, intimidate, or threaten any RIDO employees, contractors or agents engaged in providing any portion of the RIDO APP.
- Delete the copyright or other proprietary rights notice from any content on the RIDO APP.
- Copy or adapt any software on the RIDO APP, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the RIDO APP or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the RIDO APP.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism on the RIDO APP, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engines or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the RIDO APP, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm RIDO.
- Use the RIDO APP in a manner inconsistent with any applicable laws or regulations.
- Engage in any practice that aims to manipulate the outcome of any match, tournament or contest on the RIDO APP. All players should ride to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited. Using the same Bike NFTs across multiple accounts to qualify for multiple leader board rewards is strictly prohibited.
5. Early Access, Demo and Testing
RIDO may grant early access to demo or beta versions of RIDO APP to the User. In such case it will be communicated to the User that such access is for alpha or beta testing and/or bug finding purposes only, and all and any achievements, rankings, scores, points, Tokens or NFTs on such early test versions of RIDO APP will not be transferred or otherwise made available on the full version RIDO APP, unless expressly communicated otherwise by RIDO. The User hereby waives all and any claims to access, availability, and transferability of any achievements, rankings, scores, points, Tokens or NFTs obtained on any test versions of RIDO APP.
6. Fees, Payments, and Commission
Any purchases (e.g. opening card packs, minting NFTs) on the RIDO APP will be done through smart contracts on a blockchain using a wallet like Metamask or through the Account. RIDO will have no insight into or control over these payments or transactions, nor will RIDO have the ability to reverse any transactions. With that in mind, RIDO will have no liability to the User or to any third party for any claims or damages that may arise as a result of any transactions that the User engages in via the RIDO APP or any other crypto wallet such as Metamask or using smart contracts, or any other transactions that the User conducts via the Ethereum or Binance Chain network.
Ethereum, Binance Chain as well as other blockchain networks that may be used in the future require the payment of a transaction fee (i.e. Gas Fee) for every transaction that occurs on the these blockchain networks. The Gas Fee funds the network of computers that run the decentralized blockchain networks. This means that the User will need to pay a Gas Fee for each transaction that occurs on the RIDO APP.
RIDO may charge certain commissions for transactions on RIDO marketplace, NFT sales on OpenSea, Blur or other NFT marketplaces as well as other fees. The User acknowledges and agrees that such commissions will be transferred directly to RIDO.
RIDO may freely change any fees and/or commissions charged by the RIDO APP, RIDO marketplace or other elements of the RIDO APP environment. Such changes shall be notified to the User.
7. Account
The User must create an Account on the RIDO APP in order to access its services as well as connect the Account to a crypto wallet such as Metamask in order to access the ride-to-earn functionality of the RIDO APP. RIDO may also provide the option to access RIDO APP using third-party authentication provider credentials. The User may thereafter unlock achievements, badges, earn rewards and view the account balance of the User`s Account. The Account is neither a bank account nor a crypto hot wallet. It functions as an on-platform vault of digital assets that may be used to obtain digital goods and/or services on the RIDO APP.
The User may use the Account balance to purchase digital items on RIDO APP, to open and/or mint NFT card packs, participate in paid tournaments, receive $RDC income from playing using RIDO APP and participation in paid tournaments as well as to acquire other services or digital assets that may become available on RIDO APP. Account balance may have no fiat currency value and may not be exchangeable for fiat currency. Account balances that are deemed unclaimed property may be turned over to the applicable authority.
8. Third Party Content
RIDO is the developer, owner and operator of the RIDO APP. Some of the in-app features and tournaments may be developed, owned and operated by third party developers. RIDO will do certain preliminary and periodic checks on such content, however it assumes no liability whatsoever in regard to such third party content, their contents, functionality, useability or any other properties. Third party and User generated content may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, code, and other content or items belonging to or originating from third parties. RIDO is also not responsible for the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in third party content. The User should independently review the applicable terms and policies, including privacy and data gathering practices, of any third party websites to which the User may navigate from the RIDO APP. Additionally, any losses sustained by the User or harm caused to the User relating to resulting in any way from any third party content is the sole responsibility of the third party making such content available to the User.
9. Advertisements
RIDO may provide areas within the RIDO APP for advertisements and other information.
Advertisers who place their ads on such areas are fully responsible for the reliability of the advertisements, including the services and products. Anyone placing advertisements on the RIDO APP is bound by these Terms of Use, may not violate these Terms of Use, and such advertisers must be able to prove that they have the intellectual property rights, publicity rights, and contractual rights required to publish their respective advertising materials. RIDO hold no responsibility if there are any violations regarding these rights.
While RIDO will put in reasonable effort to monitor the advertisements placed on the RIDO APP, RIDO, shall not bear any responsibility or liability for any harmful content or hyperlinks that such advertisements may contain, including, but not limited to content that is harmful, offensive, abusive or otherwise inappropriate or for hyperlinks to websites containing malware such as viruses, adware, botnets, keyloggers, cryptojackers, ransomware, spyware, rootkits, trojans or worms amongst others.
10. User Representations
By using the RIDO APP the User represents, warrants and certifies that:
10.1
The User is a person of legal age in the jurisdiction in which the User is using the RIDO APP, and in any case is at least 18 years old. If the User is a legal entity, the natural person using its account is fully and properly authorised to do so on behalf of such legal entity and the actions of such natural person are legally binding to the legal entity, as well as the legal entity is fully liable for any actions on such natural person acting on its behalf.
10.2
The User is not (i) a citizen or resident of a geographic area in which use of cryptographic tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act, (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S., EU, UN, Swiss or other applicable sanctions or embargoes, or (iii) an individual, or an individual employed by or associated with an entity, that is identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List.
10.3
RIDO highly discourages acquiring the Tokens or NFT for any purpose other than using and engaging with RIDO APP. The User hereby certifies that the User is aware of and agrees that: (i) the Tokens and the NFTsm, if acquired for speculative investment purposes, involve a high degree of risk of loss of the entire investment; (ii) while RIDO expects that the Tokens will entitle token holders to vote on certain matters applicable to the management of the decentralized platform and marketplace associated with the Tokens, they do not include voting rights or any other rights to participate in the management or administration of the minting entity RIDO or any of its affiliates; (iii) there may be restrictions on the transferability of the Tokens or the NFTs in certain jurisdictions due to local legislation, and the User must bear the economic risk of an investment in the Tokens and/or the NFTs for an indefinite period of time; (iii) the Tokens and the NFTs have not been, and will not be, registered under the U.S. Securities Act and, therefore, cannot be sold to U.S. persons unless an exemption from such registration is available; (iv) if requested by RIDO, any proposed transfer to U.S. persons shall be supported by a legal opinion satisfactory to RIDO, stating that such transfer will not violate the U.S. Securities Act, the Securities Exchange Act of 1934, any applicable state securities laws, or require registration under any such laws; and (v) Purchaser has no right to compel registration under the Securities Act and RIDO has no present intention of registering the Tokens and the NFTs under the U.S. Securities Act or to take the action required to make Rule 144 under the U.S. Securities Act available for resale of the Tokens and the NFTs in the United States.
10.4
The User has not relied on any representations or warranties made by RIDO in using the RIDO APP or acquiring the Tokens or the NFTs, including, but not limited to, conversations of any kind, whether through oral or electronic communication. The User represents that it has adequate information on which to base its decision to purchase Tokens or NFTs.
10.5
The User understands that no federal or state agency or any other governmental authority has passed on or made any recommendation or endorsement of the Tokens and the NFTs or the fairness or suitability of purchasing them or investing effort into obtaining them, nor has any governmental authority passed upon or endorsed the merits of the play to earn model proposed by the RIDO APP.
10.6
The User understands that the User bears sole responsibility for any taxes as a result of the matters and transactions with the Tokens, NFTs and for any digital assets earned by User using the RIDO APP, and any future acquisition, ownership, use, sale or other disposition of Tokens, NFTs or other digital assets held by the User.
10.7
The funds used for any purchases on RIDO APP are not derived from any activity that violates any laws in any relevant jurisdiction. The User will not use the Tokens in connection with any activity that violates applicable laws in any relevant jurisdiction.
10.8
The User understands that RIDO has made no assurances that the Tokens or NFTs will trade on any cryptocurrency exchange or be listed on NFT marketplace, that the Tokens or NFTs will ever trade on such exchanges or marketplaces within the U.S., that U.S citizens or residents will have the ability to trade Tokens or NFTs on such exchanges, marketplaces or other trading venues or that if the Tokens or NFTs ever trade on any cryptocurrency exchanges, marketplaces or other trading venues, that there will be sufficient liquidity or demand to support a market with respect to the Tokens or NFTs.
11. User Generated Content
RIDO APP provide interfaces and tools for the User to be able to generate content and make it available to other users and RIDO at the sole discretion of the User.
When the User uploads any content to RIDO APP to make it available to other users and RIDO, the User thereby grants RIDO a worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, the User Generated Content, and derivative works of the User Generated Content, for the purpose of the operation, distribution, incorporation as part of and promotion of the RIDO APP. This license is granted to RIDO as the content is uploaded on the RIDO APP for the entire duration of the intellectual property rights. RIDO is the sole owner of the derivative works created by RIDO from the User Generated Content, and is therefore entitled to grant licenses on these derivative works.
If the User provides RIDO with any feedback or suggestions about RIDO APP, RIDO is free to use the feedback or suggestions however it chooses, without any obligation to account to the User or to remunerate the User.
12. Risks
12.1
The acquisition of Tokens or NFTs by any means as well as the use of the RIDO APP at any moment in time, carries with it a number of risks. The User should carefully weigh all the risks and possible costs, including the non-exhaustive list of risks described in the Terms of Use.
12.2
The following is a non-exhaustive disclosure of principal risk factors which are considered to be material by RIDO in connection with the acquisition, holding and/or use of Tokens, NFT`s as well as the use of the RIDO APP at any moment in time. Users should consider these risk factors alongside all other information provided in the Terms of Use and are advised to consult with their own professional advisers (including their financial, accounting, legal, tax, technical or other advisers and experts) before deciding to obtain Tokens or NFTs. In addition, the User should be aware that the risks described herein may combine and thus intensify one another.
12.3
By acquiring, holding and using the Tokens or NFTs, the User expressly acknowledges and assumes the following risks:
12.3.1
Risk of Mining Attacks - As with other decentralized cryptographic tokens and NFTs based on the Ethereum or Binance smart chain protocol (ERC-20 tokens, BEP-20 tokens, ERC-721 tokens, ERC-1155 tokens or others) the Tokens and NFTs are susceptible to attacks by miners in the course of validating Token and NFT transactions on the Ethereum 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 RIDO APP and/or the Tokens and/or the NFTs, including but not limited to, accurate execution and recording of transactions involving the Tokens or the NFTs.
12.3.2
Risk of Hacking - Hackers or other groups or organisations may attempt to interfere with the Tokens or the NFTs in a number of ways, including, but not limited to denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks, and any such similar events which could have an impact on the Tokens, the NFTs, the RIDO APP and any services RIDO may offer from time to time.
12.3.3
Risk of Security Weakness - There is a risk that the Tokens, the NFTs and/or the RIDO APP may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of the Tokens or the NFTs; the source code of the RIDO APP is open and could be updated, amended, altered or modified from time to time. RIDO is unable to foresee or guarantee the precise result of an update, amendment, alteration or modification. As a result, any update, amendment, alteration or modification could lead to an unexpected or unintended outcome that adversely affects the Tokens, the NFTs or the RIDO APP. As a result, the Tokens or the NFTs may be lost.
12.3.4
Risk of no Listing or Low/no Liquidity - Even though there are currently online services available which enable exchange of cryptographic tokens with other such tokens or even enable the exchange of cryptographic tokens for fiat money and Tokens may be listed on one or several centralized and decentralized crypto exchanges, there are no warranties and/or guarantees that the Tokens will be made available for exchange with other cryptographic tokens and/or fiat money at all times in the future, and no guarantees are given whatsoever with regard to the capacity and/or volume of such exchange/s. It shall be explicitly cautioned that such exchanges might be subject to poorly-understood regulatory oversight, and the RIDO does not give any warranties in regard to any exchange services providers. The User might be exposed to fraud and failure risks affecting those exchanges.
12.3.5
Risk of Tokens and/or NFTs Losing Value - RIDO APP is intended to be financially self-sufficient, and RIDO itself is a non-profit entity with its only purpose being development and advancement of the RIDO APP. Nevertheless, if the value of BTC, ETH, Tokens and/or NFTs fluctuates, RIDO may not be able to fund development to the extent necessary, or may not be able to develop or maintain the RIDO APP in the manner that it intended. In addition to the usual market forces, there are several potential events which could exacerbate the risk of unfavourable fluctuation in the value of ETH, the Tokens or the NFTs, including another DAO-like attack on the Ethereum network, or significant security incidents or market irregularities at one or more of the major cryptocurrency exchanges.
12.3.6
Risk of Malfunction in Blockchain - It is possible that the Tokens and/or the NFTs are interacting with malfunctions in an unfavourable way, including but not limited to one that results in the loss of Tokens and/or NFTs or prevents their use on the RIDO APP.
12.3.7
Risk of Competition - It is possible that alternative platforms could be established that utilise the same open source code and protocol underlying the RIDO APP and attempt to facilitate services that are materially similar to the RIDO APP. The RIDO APP may compete with these alternatives, which could negatively impact the RIDO APP, including the utility of the Tokens and/or the NFTs for use on the RIDO APP.
12.3.8
Risk of Uninsured Losses - Unlike bank accounts or accounts at some other financial institutions, the Tokens and/or NFTs are uninsured unless the User specifically obtains private insurance to insure them. Thus, in the event of loss of the Tokens and/or the NFTs or loss of value of the Tokens and/or the NFTs, there is no public insurer or private insurance arranged by RIDO to offer recourse to the User.
12.3.9
Regulatory Risk - The regulatory status of the Tokens and/or the NFTs in general, initial Token or NFT offerings, and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory authorities may apply existing regulation with respect to such technology and its applications, including the RIDO APP, the Tokens and/or the NFTs. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement regulatory actions or changes to law and regulation affecting distributed ledger technology and its applications, including the RIDO APP, the Tokens and/or the NFTs. Regulatory actions or changes to law and regulation could negatively impact the Tokens, the NFTs and/or the RIDO APP in various ways, including, but not limited to, a determination that the acquisition, holding and use or disposal and transfer of the Tokens and/or the NFTs constitutes a regulated instrument that requires registration or licensing of those instruments or some or all of the parties involved in the acquisition, contribution, sale and delivery thereof. RIDO may cease operations or interrupt the availability and/or use of the Tokens and/or the NFTs 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 or no longer viable to obtain the necessary regulatory approval/s to operate in such jurisdiction or to provide the RIDO APP. RIDO may be subject to a variety of domestic, national, EU, U.S. and international laws, regulations and directives, including those with respect to privacy and data protection, consumer protection, data security, and others. These laws, regulations and directives, and the interpretation or application of these laws, regulations and directives, could change. In addition, new laws, regulations or directives affecting RIDO, the RIDO APP, the Tokens, and/or the NFTs could be enacted, which could impact the utility of the Tokens and/or the NFTs and their use on the RIDO APP. Additionally, the Users may be subject to industry specific laws and regulations or licensing requirements. If either the User or RIDO fails to comply with any of these licensing requirements or other applicable laws or regulations, or if such laws and regulations or licensing requirements become more stringent or are otherwise expanded, it could adversely impact the Tokens, the NFTs and/or the RIDO APP, including the utility of the Tokens and/or the NFTs on the RIDO APP. The User hereby accepts the risk that in some jurisdictions either of the Tokens or NFTs might be considered, now or in the future, a security token, a hybrid token or similar. In this case RIDO gives no representations, warranties or guarantees that the Tokens are not considered to be security tokens, hybrid tokens or similar in all jurisdictions. The User hereby accepts to be solely responsible of the legal, financial and any other risks connected to the Tokens as securities in the User`s jurisdiction and to be solely responsible to check if the holding, using and the disposal of Tokens is legal in the respective jurisdiction. Also, changes in laws, regulations and directives governing the operations of RIDO may adversely affect its operations and consequently the RIDO APP. Any change in the tax or legal status of RIDO, or in taxation legislation in Switzerland or elsewhere, could affect the value of its financial holdings, its business and the ability of RIDO to achieve its objectives and continual commitment to the advancement and development of the RIDO APP.
12.3.10
Sanctions Risk – RIDO is and operating under the Swiss Law, however it intends to operate globally in as many jurisdictions as is permissible under the local and regional laws and regulations. Therefore, RIDO and/or any of the exchanges and/or marketplaces where the Tokens and/or the NFTs are normally traded may have a statutory duty to comply with Swiss, European Union, United States, United Nations or other sanctions, and either the RIDO APP and/or the Tokens and/or the NFT may cease to be available, usable or transferrable in the User`s jurisdiction.
12.3.11
Taxation Risk - The tax characterization of the Tokens and of the NFTs is uncertain. The User must seek his/her/their own tax advice in connection with purchasing the Tokens and/or the NFTs, which may result in adverse tax consequences to the User, including withholding taxes, income taxes and tax reporting requirements.
12.3.12
Loss of Relevance Risk - It is possible that the Tokens, the NFTs and/or the RIDO APP will no longer be used by a large number of individuals, companies and other entities or that there will be limited interest in the use of the Tokens, the NFTs and/or the RIDO APP. Such a lack of use or interest could negatively impact the development of the RIDO APP and therefore the potential utility of the Tokens and/or the NFTs.
12.3.13
Internet Transmission Risk - There are risks associated with using the Tokens and/or the NFTs including, but not limited to, the failure of hardware, software, and internet connections, or other technologies on which the RIDO APP or the use of Tokens and/or NFTs relies. Such failures may result in disruptions in communication, errors, distortions or delays when using the Tokens, the NFTs and/or the RIDO APP.
12.3.14
Risk of Dissolution of RIDO - It is possible that, due to any number of reasons, including, but not limited to, a decrease in utility of the Tokens and/or the NFTs, the failure of commercial relationships, or intellectual property ownership challenges, unfavourable market conditions and added compliance and regulatory obligations, the use of the Tokens and/or the NFTs on the RIDO APP may no longer be viable to be offered or RIDO may need to cease its operations and be dissolved and liquidated.
12.3.15
Other Inherent Risks - The User understands and accepts the inherent risks associated with the Tokens and/or the NFTs, to the extent not covered elsewhere in these Terms of Use, including, but not limited to, risks associated with (a) money laundering; (b) fraud; (c) exploitation for illegal purposes; and (d) any other unanticipated risks.
12.3.16
Unanticipated Risks - Cryptographic tokens as well as blockchain are a new and untested technology. In addition to the risks included in these Terms of Use there are other risks associated with the User`s acquisition, holding and use of Tokens and/or the NFTs, including some that RIDO cannot or may not anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks set out hereinabove. The User hereby represents and warrants that he/she/they will take sole responsibility for any restrictions and risks associated with the holding or use of the Tokens and/or the NFTs. If any of the risks, mentioned in the Terms of Use are unacceptable or the User is not in a position to understand or undertake them, the User should not acquire, hold or use the Tokens and/or the NFTs.
13. Anti-Money Laundering
RIDO reserves the right to question the User and to request documentation necessary for Know Your Client purposes as well as proving the source of funds utilised to acquire the Tokens or the NFTs prior to providing access to the RIDO APP or enabling any direct sales of the Tokens or the NFTs. RIDO also reserves the right, at their sole discretion, to terminate a User`s use of the RIDO APP and any other requested related or unrelated services or any portion thereof at any time, without notice, in particular due to legal grounds arising from anti-money laundering and Know Your Client regulation and procedures.
14. Taxation
Further to the risks in relation to taxation as outlined in these Terms of Use, the User bears the sole responsibility to determine and comply with any factual or potential tax liability, if any, resulting from the acquisition of, the holding, use or disposal of the Tokens and/or the NFTs. RIDO is not in any way and under no condition bound to compensate for User`s tax obligation or give any advice related to tax issues, including but not limited to what kind of filing or reporting he needs to do with the competent tax authority, which taxes and to which extent he is obliged to pay, which tax exemptions he is eligible to, or any other similar verifications and/or obligations.
15. Disclaimers
15.1
By using the RIDO APP and thereby accepting these Terms of Use, the User understands and agrees that access to and use of RIDO APP is atthe sole risk of the User, and that the RIDO APP is provided "as is"and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RIDO, its affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the RIDO APP, NFTs, Tokens and any part of them, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, RIDO, its affiliates, and licensors do not represent or warrant to the User that: (i) access to or use of the RIDO APP, NFTs or Tokens will meet the requirements of the User, (ii) User`s access to or use of the RIDO APP, NFTs or Tokens will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the RIDO APP, NFTs or Tokens will be accurate, (iii) the RIDO APP, NFTs or Tokens or any content, services, or features made available on or through the RIDO APP, NFTs or Tokens are free of viruses or other harmful components, or (iv) that any data that User discloses when using the RIDO APP, NFTs or Tokens will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to the User.
15.2
The User accepts the inherent security risks of providing information and dealing online over the internet and agrees that RIDO has no liability or responsibility for any breach of security unless it is due to gross negligence of RIDO.
15.3
RIDO will not be responsible or liable to the User for any losses the User incurs as the result of the User`s use of the Ethereum network, Binance smart chain, Metamask electronic wallet, and/or the Account, including but not limited to any losses, damages or claims arising from: (a) User error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the RIDO APP, Ethereum network, Binance smart chain and/or Metamask electronic wallet.
15.4
Tokens and NFTs are intangible digital assets that exist only by virtue of the ownership record maintained on the Ethereum network or other blockchain network. All smart contracts are conducted and occur on the decentralized ledger within the Ethereum network or other blockchain network. RIDO has no control over and makes no guarantees or promises with respect to smart contracts. RIDO is not responsible for losses due to blockchains or any other features of the Ethereum network, Binance smart chain, Metamask electronic wallet, or the Account. Including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, Binance smart chain, including forks, technical node issues, or any other issues that may result in loss of funds.
16. Termination of Access
RIDO may terminate or suspend the User`s access to the RIDO APP without prior notice or liability for any reason whatsoever, including but not limited, if the User breaches these Terms of Use. Nothing in these Terms of Use or in any other communication or action by RIDO or its directors, officers, members, employees, agents, attorneys, representatives, affiliates and associates should be construed as a waiver of any legal remedies available for any event causing termination or suspension of access.
17. Changes to Terms of Use
RIDO may, in its sole discretion and for any reason, revise or make changes to these Terms of Use from time to time and without prior notice by posting the revised version of the Terms of Use on the RIDO APP and, if a revision to the Terms of Use is material, RIDO will make a notice of such on the RIDO APP. The revised Terms of Use will take effect immediately upon publication by RIDO with effect from the revision date noted at the bottom of these Terms of Use. The revised Terms of Use will not apply retroactively. If the User does not agree to the modified Terms of Use, the User should discontinue the use of RIDO APP and holding and use of Tokens and/or NFTs.
18. Governing Law and Jurisdiction
By accepting the Terms of Use, the User agrees that the legal relationship between RIDO and the Users and the questions concerning the construction, validity, enforcement and interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of Switzerland and all and any disputed shall be resolved by competent courts of canton Zug, Switzerland (Kantonsgericht).