By using the indu40.io or participating in the Crowdcontribution (as defined below), the user or participant confirms to have fully understood and expressly agrees to all of the respective terms and conditions, which will be set forth in Smart Contract System Code and in this document.
This document or any other materials provided by Indu4.0 AG or relating to the INDU Token Project do not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. Neither this document nor any other materials have been (or will be) registered as a prospectus with any governmental authorities.
Do not participate in the Crowdcontribution if you are not an expert in dealing with cryptographic Token and blockchain-based software systems as well as contribution to smart contract systems.
Contributions should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic Token, like Bitcoin, Ether, and blockchain based software systems as well as contribution to smart contract systems. Contributors should have functional understanding of storage and transmission mechanisms associated with other cryptographic Token. If you do not have such experience or expertise, then you should not participate in the Crowdcontribution.
Users must be made aware of certain risk factors, as set out in Section 5 (Risk Factors).
Prior to contributing, you should carefully consider these Terms and all other materials available concerning the INDU Token Project and INDU Token and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional.
This document and information contained herein may not be sent and or addressed wholly or in part, directly or indirectly, to any person in the restricted jurisdictions mentioned in Appendix 1 (such as United States, or Japan), or any other jurisdiction in which it would be impermissible or restricted to offer, distribute, purchase, sell or retain cryptographic Token.
1 The following Terms and Conditions (including the Smart Contract System Code, together "Terms") govern the creation and allocation of the INDU Token ("INDU Token") by one or several smart contract software codes (jointly, the "Smart Contract System") created by Indu4.0 AG (domiciled at Dammstrasse 16, 6300 Zug, Switzerland, "INDU AG" (includes all current and future affiliated entities)) and operating on the Ethereum blockchain as well as the contribution by third party individuals and entities (each, a "User", "Participant" or "You") to such Smart Contract System in the public Crowdcontribution as specified in Appendix 1 (including pre-sale and public sale rounds, together "Crowdcontribution").
2 INDU AG is not a financial entity, financial advisor, bank, dealer, broker or asset manager in the framework of the Crowdcontribution. The Terms do not constitute an offer, recommendation, or solicitation to sell shares or securities. The Terms do not provide any investment, legal, tax, or other advice. It is meant for non-commercial, personal use only. The Terms may be updated or changed at the sole discretion of the INDU AG.
3 This document or any other materials provided by INDU AG or relating to the INDU Token Project (as defined in section 1.2 below) do not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. Neither this document nor any other materials have been (or will be) registered as a prospectus with any governmental authorities, such as with the Swiss Financial Market Supervisory Authority FINMA (FINMA), any regulatory authority in the European Union, Hong Kong, Singapore, Japan, Russian Federation, India or Taiwan. In particular, Participant represents to have accepted and understood the following:
- INDU Token will not be listed on any regulated stock exchange, such as SIX Swiss Exchange, or SIX. These Terms have been prepared without regard to the legal standards for prospectuses under art. 35 of the Swiss Federal Act on Financial Services or art. 27 ff. of the SIX Listing Rules or the listing rules of any other stock exchange in Switzerland. Neither these Terms nor any other material, INDU Token will be or have been filed with or approved by any Swiss regulatory authority. Specifically, these Terms will not be filed with and will not be supervised by, the Swiss Financial Market Supervisory Authority FINMA (FINMA). Furthermore, INDU Token have not been and will not be authorized under the CISA. Thus, the protection which is given to purchasers of interests or units in collective investment schemes under the CISA does not extend to purchasers of INDU Token.
- If Participant is residing in the United States of America: INDU Token will not be and have not been registered with the SEC under the US Securities Act of 1933, as amended (the "US Securities Act") or any state securities laws of the Unites States of America ("US"). "US" means the United States of America, its territories and possessions, any state of the United States of America and the District of Columbia. Thus, INDU Token may not be offered, sold or delivered in the US or to or for the account or benefit of us persons as defined in regulations under the US Securities Act ("US Person"). Participant represents that Participant is not located in the US and is not participating in the offer from the US or are acting on a nondiscretionary basis for a principal located outside the US that Participant is not giving an order to participate in the offer from the US and Participant is not entitled to partake in the Crowdcontribution and may neither directly nor indirectly purchase INDU Token through any means, be it on the primary or the secondary market. INDU AG will take technical measures to make sure you cannot participate ("US Ban"). If Participant, via technical and/or other means circumvent INDU AG's US Ban, INDU AG will have fulfilled its duty and will not be held liable for breach of any US regulations, including, but not limited to, the US Securities Act ("Breach"). In case INDU AG will be held liable anyhow due to such Breach, Participant will fully indemnify INDU AG for any damage incurred, fees levied etc. as a result of such Breach.
- If Participant is residing in Canada: INDU Token have not been nor will they be qualified for sale to the public under applicable Canadian securities laws and, accordingly, any offer or sale of INDU Token in Canada will be made on a basis which is exempt from the prospectus requirements of Canadian securities laws. Any resale of the INDU Token must be made in accordance with, or pursuant to an exemption from, or in a transaction not subject to the prospectus requirements of those laws. If User resides in Canada, User represents that he/she/it has learnt about the INDU Token Project and Crowdcontribution by his/her/its own initiative and was not solicited by INDU AG.
- If Participant is residing in an embargo jurisdiction (cf. Restricted Jurisdictions listed in Appendix 1, such as Iran, Democratic People's Republic of Korea, Syria, Sudan, Cuba, Burma, Côte d'Yvoire): Participant is not entitled to partake in the Crowdcontribution and may neither directly nor indirectly purchase INDU Token through any means, be it on the primary or the secondary market. INDU AG will take technical measures to make sure Participant cannot participate. If Participant, via technological and/or other means circumvent INDU AG's check, INDU AG will have fulfilled its duty and will not be liable for breach of any US Embargo Restrictions.
4 These Terms have not been approved by any regulator, competent authority or authorized person in general, and specifically not within the meaning of a competent authority according to Swiss, US or EU law. Therefore, relying on this document for the purpose of participating in the Crowdcontribution may expose Users to a significant risk of loss of all assets.
5 By using the website https://www.indu40.io/ ("INDU Token Website" or "Website") or participating in the Crowdcontribution, the User confirms to have fully understood and expressly agrees to all of the respective terms and conditions, which will be set forth in Smart Contract System Code and in this document. The terms and conditions set forth in the Smart Contract System Code are incorporated by reference herein. The User further confirms to have carefully reviewed the Terms in full, and the User further undertakes to review the Smart Contract System Code and its functions once released, and to fully understand the risks and costs associated with the allocation and holding of INDU Token and contributing into a Smart Contract System. No other document or communication than these Terms may modify or add any additional obligations to INDU AG, and/or its potential affiliated entities and/or the developer of the Smart Contract System and/or any other person involved with the deployment of the Smart Contract System and the setting up of the INDU Token Project (as defined in section 1.2 below) beyond those set forth in the Smart Contract System.
6 This document contains statements that are, or may be deemed to be, forward-looking statements. In some cases, these forward-looking statements can be identified by the use of forward-looking terminology, including the words "aims", "believes", "estimates", "anticipates", "expects", "intends", "targets" "may", "will", "plans", "projects", "continue" or "should" or, in each case, their negative or other variations or comparable terminology or by discussions of strategies, plans, objectives, targets, goals, assumptions, expectations, future events or intentions. These forward-looking statements include matters that are not historical facts or which may not otherwise be provable by reference to past events. They appear in a number of places throughout this document and include statements regarding the INDU AG's intentions, beliefs or current expectations. By their nature, forward-looking statements involve known and unknown risks and uncertainties because they relate to events, and/or depend on circumstances that may or may not occur in the future. Forward-looking statements are not guarantees of future performance. Prospective investors should not place undue reliance on these forward-looking statements. Any forward-looking statements are only made as of the date of this document. INDU AG assumes no responsibility to update forward-looking statements or to adapt them to future events or developments. Many factors may cause INDU AG's results of operations, financial condition, liquidity, dividend policy and the development of the markets in which INDU AG operates to differ materially from those expressed or implied by the forward-looking statements contained in this document. These factors include but are not limited to risks and others described under "Risks".
1 INDU AG is developing and marketing a digital B2B marketplace for the manufacturing industry with the goal of bringing "supply and demand" together quickly, efficiently, and cost-effectively ("INDU Token Project" or "INDU Software"). The INDU Token Project includes (besides of the development of the B2B marketplace) the development and marketing of the INDU Token by INDU AG that serves the purposes to pay for goods and/or services offered by INDU AG, such as the usage of the INDU Software (including advertisement and participation in a loyalty program to receive rewards in INDU Token through regular INDU Software usage), the participation in and advertisement at physical and/or virtual events and/or trade fairs organized by INDU AG ("INDU Token Usage"). The amount of INDU Token being required to be redeemed for a particular INDU Token Usage will be determined at the sole discretion of INDU AG (e.g. according to the current market value of the INDU Token), if and to the extent the INDU Token Project has been successfully completed and launched.
2 The INDU Token is not representing any underlying assets and does not provide any rights or claims against INDU AG besides in connection with the INDU Token Usage (in particular, no rights for repayment, interest, participation in turnover, profits or proceeds from the sale of any assets). The INDU Token is also not intended to be used as a means of payment for any products or services of third parties even if such products or services will be advertised for sale in the INDU Software.
3 By transferring funds in crypto or fiat currencies as set out in Appendix 1 to the Smart Contract System or bank account specified by INDU AG pursuant to these Terms in order to contribute to the development of the INDU Token Project ("Contribution"), the User understands and accepts that his/her/its contribution will be used to finance the operational and non-operational expenses of INDU AG, in particular in connection with the development and marketing of the INDU Token Project, the INDU Token, non-fungible tokens and organization of virtual and/or physical events and/or trade fairs by INDU AG and/or affiliated entities (all usages of Contributions at INDU AG's sole discretion) ("Use of Proceeds"). The proceeds from the Crowdcontribution ("Proceeds") will not be managed by INDU AG or any affiliated entity for the Users, nor invested by INDU AG or any affiliated entity or by any third parties on behalf of the Users. The User further understands and agrees that INDU AG is not required to inform or publish any information regarding the Use of Proceeds.
4 The User understands and accepts the risk that even if all or parts of the INDU Token Project are successfully developed and released in full or in parts, the INDU Token Project could be fully or partially abandoned, remain commercially unsuccessful or be shut down for lack of interest, regulatory or other reasons. The User therefore understands and accepts that the Contribution of funds, the creation of INDU Token by the Smart Contract System and the Smart Contract System allocation of INDU Token carry significant financial, regulatory and/or reputational risks (including the complete loss of the purchase amount, value of INDU Token (if any), and attributed features of the INDU Token Project).
5 Further information on the INDU Token Project can be found in the whitepaper published on https://www.indu40.io/ ("WhitePaper") and the Crowdcontribution documentation available on the INDU Token Website. The information contained in the Whitepaper, any other Crowdcontribution documentation and on the INDU Token Website are of a descriptive nature only, are not binding and do not form part of the Terms.
1 Before being eligible to participate in the Crowdcontribution, each User must register and undergo an identification and anti-money laundering process (cf. section 1.4 below). The registration instructions are available on the INDU Token Website. After registration is complete and approved, INDU AG will whitelist the User's address, and the User may subscribe for the INDU Token and make a contribution by transferring the funds to the provided bank account or wallet address within the Crowdcontribution Period.
2 In case the User fills in the requisite forms and/or completes additional procedures prescribed on the INDU Token Website an account will be created for the purpose of participation in the Crowdcontribution ("Account"). This creation of an Account on the INDU Token Website is being made at the User's sole request and with the User's chosen login details and password. The User warrants that any and all information provided for the purpose of Account creation is valid, current, complete and accurate. Registration data and other information submitted by the User for the creation of the Account is subject to the accompanying INDU AG's Privacy Policy and other accompanying documents available on the Website. The User hereby expressly consents to its sole responsibility for the use of the login information for the Account, for any registration data provided for the Account creation, and for any actions done during any use of the Account. The User agrees to keep the login details and password private and to immediately notify INDU AG of any unauthorized Account activity the User may be aware of and modify the login information respectively. The User is solely responsible for any loss or damage the User or INDU AG may face as a result of the User's failure to do so and INDU AG may undertake legal proceedings to recover any such losses.
3 The User understands and accepts that INDU AG may in its sole discretion determine to accept contributions from private entities and individuals of strategic value for the INDU Token Project, and that such contributions may be accepted at terms that differ from these Terms.
4 The User accepts and agrees that INDU AG may commit to sell a certain portion of INDU Token before the launch date of the Crowdcontribution during pre- and private sale rounds (together "Pre-Sale" or "Pre-Sale Rounds"). Under such pre-sale arrangements, purchasers may buy INDU Token at a discounted rate. However, any participants to such Pre-Sale Round must receive INDU Tokens pursuant to the same procedures as for receiving INDU Token by Users participating in the Crowdcontribution.
5 The User understands and accepts that while the individuals and entities, including INDU AG and potential affiliated entities, assigned to this task will make reasonable efforts to develop and complete the INDU Token Project, it is possible that such development may fail and User's INDU Token become useless and/or valueless due to technical, commercial, regulatory or any other reasons (see also section 7 regarding Risks).
6 Depending on the popularity of the Crowdcontribution, it cannot be guaranteed that the User's funds are included in the Crowdcontribution or that the User will receive INDU Token. Any funds transferred that do not entitle the User to INDU Token may be automatically directed back to the sending address.
7 The Crowdcontribution or smart contract respectively may be paused and all transactions marked as pending in case irregularities are detected or safety concerns arise. The decision whether or not the Crowdcontribution is paused is at the sole discretion of INDU AG. In case of such events INDU AG may decide to return all funds (subject to a potential transfer commission required by third parties) to the Users.
8 The User furthermore understands and accepts that the final allocation of the INDU Token as well as the assignment of the execution of the INDU Token Project are smart contract based. Consequently, the Smart Contract System contains code which sets forth further terms and conditions applicable to the distribution and operation of the INDU Token (as defined in section 1.1 and 1.2) (such code, the Smart Contract System Code). The direct address(es) of the Smart Contract System on the Ethereum blockchain is provided on the Website. To the extent the terms contained herein or in any other document or communication contradict the ones set forth in the Smart Contract System, the terms of the Smart Contract System shall prevail. The functionality of the INDU Token is defined by the Smart Contract System only.
9 Transfer of funds, allocation, distribution or receipt of INDU Token, or any other act undertaken between the parties in connection with the Pre-Sale Rounds or Crowdcontribution shall not form a partnership, joint venture or any similar relationship between the User and INDU AG and/or other individuals or entities involved with the deployment of the Smart Contract System and the setting up of the INDU Token Project.
10 The User acknowledges and understands that INDU AG may at its discretion at any time change the name of the INDU Token and/or its symbol. INDU AG shall use all reasonable efforts to ensure that such change of name and/or symbol will not adversely affect the rights of the Users or the INDU Token held by the Users.
1 Every User must undergo know-your-customer ("KYC") and AML checks before being eligible to participate in the Crowdcontribution.
2 INDU AG is entitled to use subcontractors to fulfill the KYC & AML obligations and the User agrees to fully cooperate with any sub-contractor for this purpose. The User must in particular (without limitation) answer fully and truthfully to any question or information request in relation to any money laundering requirements, by INDU AG or any sub-contractor as well as (if deemed necessary depending on the amount of investment or the result of other pre-checks) attend an identification video call to confirm personal identification information or digital signatures.
3 INDU AG aims to reasonably identify each prospective purchaser of INDU Token and store the identity information, including, but not limited to answers to KYC & AML questions by potential Users and copies of their uploaded government issued identification documents.
4 INDU AG, any affiliated entity, or sub-contractor will not be held liable for any false or misleading information that the User communicates to INDU AG or its sub-contractor(s) and the User fully indemnifies INDU AG, its affiliated entities, and sub-contractor(s) in the event of any claim, loss or damage (including reputational) in relation to the a breach of applicable KYC & AML regulations.
5 If a proposed purchase is flagged through mentioned controls, INDU AG or an engaged sub-contractor may require additional proof of identification from the User. INDU AG has the right to not permit any contributions until additional and verifiable proof of identity is received to INDU AG's satisfaction and the User has been approved to the Crowdcontribution.
6 By agreeing to these Terms, the User acknowledges and agrees that INDU AG maintains verification levels that require User's participation, with levelled permissions based on user-supplied information, and the User confirms INDU AG's ability to obtain any and all required information, and to verify it pursuant to INDU AG's or an engaged sub-contractor's internal policies. The User accepts that the desired level of verification may not be achieved, and INDU AG reserves the right, at its sole discretion, to determine the appropriate verification level for any User, as well as the right to downgrade Users without notice. INDU AG may, from time to time, implement policies restricting or strengthening verification levels by nationality, country of residence, or any other factor. This may affect the User's right to purchase INDU Token or to withdraw INDU Token from the User's account, and the User agrees to fully indemnify INDU AG against any losses associated with an inability to purchase, withdraw, or use INDU Token based on User's verification level.
7 The User hereby undertakes to provide valid proof concerning the legality of his/her/its proceeds used to purchase INDU Token upon INDU AG's or an engaged sub-contractor's request or the request of bank institutions or government authorities.
1 The ownership of INDU Token carries no rights express or implied against INDU AG or any third parties except to use it according to the INDU Token Usage with the number of INDU Token being required to be redeemed for a particular INDU Token Usage as determined at the sole discretion of INDU AG (e.g. according to the current market value), if and to the extent the INDU Token Project has been successfully completed and launched.
2 No Ownership, Revenue or Governance Rights: In particular, User understands and accepts that INDU Tokens do not represent or constitute any ownership rights or stakes, shares, uncertificated or certificated securities or equivalent rights nor any right to receive future revenues, shares or any other form of participation or governance right in or relating to the INDU Token Project and/or INDU AG. The INDU Token does not create or confer any enforceable contractual or other obligations against any party except to use it according to the INDU Token Usage (including INDU AG, INDU AG team members or other developers, auditors, contractors or founders associated with the INDU Token, the INDU Token Project or any affiliated entity), if and to the extent the INDU Token Project has been successfully completed and launched.
3 No Collective Investment Schemes: User agrees and understands that INDU Token are no collective investment schemes or any other financial instruments and shall not be considered as such; the offering of INDU Token is not registered with any government entity, and does not represent any intellectual property rights in INDU AG.
4 No intellectual property rights: User agrees and understands that INDU Token do not grant any rights other than the ones mentioned in paragraph 1 above to obtain, claim or use intellectual property rights (such as patents, brands, licenses, trade names, copyrights, know-how, logos, pictures, designs, or software) in connection with the INDU Token Project, INDU AG or any affiliated entity. Any usage rights of any intellectual property rights remain with the INDU Token Project, INDU AG or any affiliated entity.
1 User Registration: Each User who intends to participate in the Crowdcontribution must complete a registration process before being able to participate. The registration process details will be set out on the INDU Token Website. Upon completion of the registration and approval thereof, the User's Ethereum address will be whitelisted. The User acknowledges and understands that the registration process is laborious and it may take time to process the User's registration.
2 The aggregate maximum Contribution amount for the entire allocation of INDU Token (including Pre-Sale Rounds, the Crowdcontribution, as well as contributions from private entities and individuals of strategic value for the INDU Token Project) will be defined as a hard cap and amounts to the equivalent of CHF 16.65 million (excluding fees arising from or related to the contribution process) ("Maximum Contribution Amount" or "Hard Cap"). INDU AG may, at its discretion, determine that the Maximum Contribution Amount is reached when the aggregate amount of funds received in fiat and/or transferred to the Smart Contract System is close to the Maximum Contribution Amount, even though the actual amount of Contributions accepted by the Smart Contract System would be less than the Maximum Contribution Amount (e.g. if the aggregate amount of Contributions does not sum up to exactly the Maximum Contribution Amount).
3 Maximum INDU Token Supply: The aggregate maximum INDU Token supply will be 750 million ("Total INDU Token Supply"), whereof 277.5 million are offered to be sold during Pre-Sale and Crowdcontribution (the remaining amount used to incentivise staff and consultants, marketing, among others of INDU AG).
4 Contribution Period: The Crowdcontribution period (Crowdcontribution Period) starts and ends on the dates and times as described in Appendix 1 or in the moment when the Maximum Contribution Amount has been reached, whichever occurs earlier.
5 Contribution Process: Upon commencement of the Crowdcontribution Period, the registered, approved and whitelisted Users may transfer their funds to the bank account or wallet address provided on the Website. The User bears the transaction or network fees and the User cannot contribute more than his/her/its whitelisted amount. If the User sends a transaction that exceeds the limit, the excess amount will be returned. The INDU Token in the Crowdcontribution will be allocated among the Contributing Users on a first come, first served basis. The User is solely responsible for any exchange rate applicable, for any transaction fee (charged by a network or the User's bank), as well as for any delay in the transfer of the funds. Should the User's funds be credited after the end of the Contribution Period, INDU AG will decide, in its sole discretion, whether or not the User will be entitled to purchase INDU Tokens. If not, INDU AG will transfer funds back. Any fee charged for such transfer is paid by the User. INDU AG may in no case be held liable for any loss of the fiat currencies incurred during the transaction.
6 To purchase INDU Tokens, the User shall only send fiat currencies from his / her / its personal bank account, or cryptocurrencies from his / her / its personal wallet, in the amount that is consummate to the amount of the INDU Tokens the User is willing to receive for such payment. The Participant undertakes to control solely the address and / or the wallet and / or the bank account used for the contribution, shall not act on behalf of any third party, and shall not transfer the control of the mentioned address, wallet or bank account to any third party.
7 Distribution of INDU Tokens to Users: Upon receipt and acceptance of a User's Contribution and release of the INDU Software, INDU AG will allocate a corresponding amount of INDU Tokens to the User's Ethereum address. The INDU Tokens or the entitlement to receive a certain number of INDU Tokens will not be transferable until they are released. The User understands and accepts that from the net amount of crypto or fiat funds transferred (after deduction of potential commissions) the User will receive INDU Tokens for the respective amount subject to a deduction of ETH gas required to facilitate the transfer of the INDU Tokens to the User's wallet.
8 Undistributed INDU Tokens: Any INDU Tokens that have been created for the Crowdcontribution but for which no contribution has ultimately been received shall be allocated to INDU AG and shall be further disposed of at INDU AG's discretion for purposes of the long-term benefit of the INDU Token Project.
9 No Refund: The User understands and accepts that all Contributions are final and may not be reversed. Contributions that entitle a User to INDU Tokens are nonrefundable. Any Contributions that do not entitle the User to INDU Tokens (e.g. due to the amount of Contributions exceeding the Maximum Contribution Amount) will be automatically sent back to the sending address. By contributing to the INDU Token Project, the User acknowledges that he/she/it has no right to request a refund for any reason, and that the User will not receive money or other compensation for any INDU Tokens that is not used or remains unused. INDU AG shall not be liable for any losses caused by the User attempting to contribute from an exchange, smart contract or other nonstandard single access address.
10 Ensure the use of the original Smart Contract System: Only the Smart Contract System(s) will allocate INDU Tokens. To the extent that any third-party website, service or smart-contract offers INDU Tokens during the Crowdcontribution Period or facilitates the allocation or transfer of INDU Token in any way during the Crowdcontribution Period, such third-party websites or services are, unless explicitly mentioned in these Terms, not authorized by INDU AG and have no relationship in any way with INDU AG.
11 Transferability of INDU Tokens: The Users will not be able to transfer INDU Token until the INDU Tokens have been released. The INDU Token transferability will be released at INDU AG's discretion.
12 Participants must access and use the INDU Token using an ERC20-compliant wallet that gives access to the respective Participant's private key. It is the Participant's sole responsibility to not lose their INDU Token, in particular by losing access to the keys which allow access to their wallets, by transferring them incorrectly from one address to another, and / or by allowing malicious third parties to access their keys and / or their wallets.
1 The User understands and accepts that 472.5 million of the total INDU AG Token Supply will not be allocated to participants of the Pre-Sale and Crowdcontribution but allocated as set forth below:
- PR & Marketing: 135 million INDU Tokens will be allocated to marketing companies to promote the platform & INDU Tokens.
- Development: 135 million INDU Tokens will be used for the further development of the indu4.0 platform & Metaverse representation.
- Key People: 60 million INDU Tokens will go to the advisors & partners of INDU AG and to the team.
- Reserve: 67,5 million INDU Tokens will be allocated to the reserve of INDU AG to be used for any future purposes as deemed suitable by INDU AG to support the INDU Token Project, such as for future partnerships, payment obligations, potential staking-rewards and/or market making activities.
1 The User understands and accepts that the development and execution of the INDU Token Project will be performed by INDU AG itself and/or its affiliated entities. For these purposes, INDU AG shall be entitled to the full amount of contributed funds (less costs). These amounts cover expenses, charges and other costs that may arise by INDU AG in connection with the Use of Proceeds. INDU AG has the right to engage subcontractors or affiliated entities to perform the entire or partial maintenance, further development and/or execution of the INDU Token Project. The scope of the additional development work will be triggered by the aggregate amount of contributions received, as indicatively laid out in the WhitePaper. It remains at INDU AG's sole discretion to decide how to allocate the funds in order to develop and execute the INDU Token Project.
2 The User understands and accepts that the User may not have any expectation of influence over governance on the INDU Token Project.
3 The User understands and accepts that the INDU Token Project will go through some further development work which may result in significant conceptual, technical and commercial changes. The User understands and accepts that as part of the further development, an upgrade of the INDU Token may be required (a so-called hard-fork of the INDU Token) and that, if the User decides not to participate in such upgrade, he/she/it may no longer use his INDU Token and that any non-upgraded INDU Token may lose their functionality in full.
1 The Smart Contract System has been, on a reasonable effort basis, audited and approved by a technical expert. The technical expert has confirmed that the Smart Contract System has, with regard to both accuracy and security, been programmed according to the current state of the art.
2 However, the User understands and accepts that smart contract technology is still in an early development stage and its application of experimental nature which carries significant operational, technological, financial, regulatory and reputational risks. Accordingly, while the audit conducted raises the level of security and accuracy, the User understands and accepts that the audit does not amount to any form of warranty, including direct or indirect warranties that the Smart Contract System and/or the INDU Token are fit for a particular purpose or do not contain any weaknesses, vulnerabilities or bugs which could cause, inter alia, the complete loss of funds and/or INDU Token.
1 By making the contribution, the User represents and warrants that:
- the User is not a citizen or resident of a country, whose legislation conflicts with obtaining or distributing cryptographic Token such as INDU Token, the contemplated allocation of INDU Token and/or the INDU Token Project in general;
- the User is not a citizen or resident of one of the restricted jurisdictions as mentioned in Appendix 1;
- the User is not a resident or citizen of, or located in a geographic area that is subject to UN, US, EU, Swiss or any other sovereign country sanctions or embargoes;
- any funds used for the Contribution are: (a) good, clean, clear and are of non-criminal origin; (b) completely free and clear of any liens or encumbrances of any kind or any rights of third-party interests; and (c) have no origins that may be connected to any breach of money laundering regulations whatsoever, as defined in the jurisdiction of origin, or internationally;
- the User is not listed or associated with any person or entity listed on any of the US Department of Commerce's Denied Persons or Entity List, the US Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, the US Department of State's Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions or the Swiss SECO's Overall List of Sanctioned Individuals, Entities and Organizations;
- the User understands and accepts that INDU Token do not represent or constitute any ownership right or stake, share, uncertificated or certificated security or equivalent rights nor any right to receive future revenues, shares or any other form of participation or governance right in or relating to the INDU Token Project and/or INDU AG and/or any of its potential affiliated entities. The INDU Token does not create or confer any enforceable contractual or other obligations, in particular repayment obligations or interest obligations, against any party (including INDU AG, directors, shareholders, initiators, developers, auditors, employees, representatives, successors, contractors or founders of INDU AG or any potential affiliated entity);
- the User understands and accepts that the Crowdcontribution and sale of INDU Token is not a collective investment scheme or a sale of derivatives whatsoever and the User understands and agrees that the Crowdcontribution is not done under the supervision of any regulator, including the Swiss Regulatory Authority (FINMA) and that these Terms do not represent a prospectus for the issuance of bonds, securities or other investment instruments;
- the User understands and accepts that neither these terms nor any of the INDU Token have been or will be registered or filed under the securities laws or regulations of any jurisdiction or approved, recommended or disapproved by any securities or other regulatory authority nor has any such authority confirmed the accuracy or determined the adequacy of these terms;
- the User has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic Token, like bitcoin (BTC) and Ether (ETH), and blockchain-based software systems;
- the User has carefully reviewed the Smart Contract System Code located on the Ethereum blockchain at the addresses set forth on the INDU Token Website and fully understands and accepts the functions implemented therein;
- the User is legally permitted to make the Contribution in order to create and obtain INDU Token in the User's jurisdiction;
- the User uses cryptographic wallet software or a wallet service provider that technically supports the INDU Token and ERC20 standard. The User understands and accepts, that failure to assure this may have the result that User will not gain access to his INDU Token;
- the User is legally permitted to receive software and transfer funds for the purpose of contributing to the development of the INDU Token Project;
- the User is of a sufficient age to legally allocate and obtain INDU Token;
- the User will take sole responsibility for any restrictions and risks associated with receiving, holding, transferring or using INDU Token;
- the User is not contributing the funds to obtain INDU Token for the purpose of speculative investment;
- the User is not obtaining or using INDU Token for any illegal purposes;
- the User is purchasing the functionality of the INDU Token primarily to support the development, testing, deployment and operation of the INDU Token Project, being aware of the commercial risks associated with the INDU Token Project;
- the User waives the right to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the creation of INDU Token or otherwise involved with the INDU Token Project;
- the User understands that the contribution of funds, the allocation and distribution of INDU Token and the development of the INDU Token Project carries significant financial, regulatory and reputational risks as further set forth in section 6;
- the User understands and expressly accepts that there is no warranty whatsoever on the INDU Token, the Smart Contract System and/or the success of the INDU Token Project, expressed or implied, to the extent permitted by law, and that the Smart Contract System is used and INDU Token are allocated and distributed to and obtained by the User at the sole risk of the User on an "as is" and "under development" basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose and (as it is a high-risk purchase) a loss of the total purchase amount cannot be excluded;
- the User understands that the User has no right against any other party to request any refund of the funds contributed for the allocation and distribution of the INDU Token under any circumstance;
- the User understands that with regard to INDU Token, no market liquidity (including the existence of a marketplace where INDU Token can be transferred) may be guaranteed and the value of INDU Token may over time experience extreme volatility or depreciate in full;
- the User understands that the User bears the sole responsibility to determine if the User's transfer of funds, the creation, allocation, ownership or use of INDU Token, the potential appreciation or depreciation in the value of INDU Token over time and/or any other action or transaction related to the INDU Token Project have tax implications for him/her/it; by receiving, holding, transferring or using INDU Token, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the distribution, allocation, ownership or use of INDU Token or any other action or transaction related to the INDU Token Project.
2 As part of the INDU Token allocation process, the User will use his/her/its own account (address) on the Ethereum network, with a private key associated to this address and password. The password is used to protect the access to the use of the User's private key. Following the creation of INDU Token by the Smart Contract System, for User's participation in the Crowdcontribution, the INDU Token will be transferred to the address from which the Contribution was made. In order to receive the INDU Token, the User shall ensure to supply his own Ethereum address and not, e.g., the address of a currency exchange like Poloniex, Coinbase, Bitfinex etc. The User understands that the User must keep his password and private key safe and that the User may not share them with anyone. The User further understands that if his/her/its private key, password and/or back-up seed is lost or stolen, the User may not be able to generate a new password or recover his/her/its private key, and if the User also loses his private keys and password, the INDU Token associated with the User's account (address) will be unrecoverable and will be permanently lost. Furthermore, the User understands that there may be no recovery mechanism for lost keys, passwords and/or back-up seeds, so no one may be able to provide the User with access to any INDU Token on accounts whose private key, password and/or back-up seed has been lost.
1 The User understands and accepts the risks associated with contributing funds to the Smart Contract System and the creation and distribution of INDU Token as exemplary set forth above and hereinafter. In particular, the User understands and accepts the non-exhaustive list of inherent risks:
- Risk of software weaknesses: The underlying software application and software platform (i.e. the Ethereum blockchain) are still in an early development stage and unproven, and there are no warranties or covenants that the process for creating or distributing INDU Token will be uninterrupted or error-free and why there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of funds and/or INDU Token.
- Risk of cryptographic weaknesses: The blockchain and all software dependent thereon, such as the INDU Token Project, INDU Software and INDU Token are based on the effectiveness and reliability of cryptographic solutions. However, cryptography is evolving and cannot guarantee absolute security at all times. Advances in cryptography, such as code cracking, or technical advances such as the development of quantum computers, could present risks to all cryptography-based systems including the INDU Token Project, INDU Software and INDU Token. This could result in the theft, loss, disappearance, destruction or devaluation of the INDU Token held by the User.
- Regulatory risk: The blockchain technology allows new forms of interaction and it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the Smart Contract System and which may, inter alia, result in substantial modifications of the Smart Contract System and/or the INDU Token Project, including its termination and the loss or devaluation of INDU Token held by the User.
- Risk of insufficient information: The INDU Token Project is at an early developmental stage and its philosophy, consensus mechanism, algorithm, code and other technical specifications and parameters could be updated and changed frequently and constantly. While the Whitepaper contains the up-to-date key information related to the INDU Token at the date of the Whitepaper, it is not complete or final and is subject to adjustments and updates that INDU AG may make from time to time. INDU AG is not in a position, nor obliged, to keep the Users closely posted on every detail of the INDU Token Project's development (including its progress and expected milestones, whether rescheduled or not) and therefore will not necessarily provide the Users with timely or full access to all the information relating to the INDU Token Project that may emerge from time to time.
- Risk of abandonment / lack of success: The creation and distribution of the INDU Token and the development of the INDU Token Project may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The INDU Token is not expected to be popular, prevalent or widely used soon after its launch. The INDU Token and the INDU Token Project may remain marginalized in the long run, appealing to only a minimal portion of users (if any). There is thus no assurance that, even if the INDU Token Project is partially or fully developed and launched, the User will receive any benefits through the INDU Token held by him/her/it.
- Risk of withdrawing partners: The feasibility of the INDU Token Project depends strongly on the collaboration of banks and other crucial partners of INDU AG. There is therefore no assurance that the INDU Token Project as a whole or parts thereof will be successfully executed as set out in these Terms or otherwise.
- Risk associated with other applications: The INDU Token Project may give rise to other, alternative projects, promoted by unaffiliated third parties, under which INDU Token will have no intrinsic value.
- Risk of loss of private key: INDU Token can only be accessed by using an Ethereum wallet with a combination of the User's account information (address), private key, password and any other protection used by the User. If the User's private key file, password or the back-up seed is lost or stolen, the INDU Token associated with the User's account (address) or password may be unrecoverable and permanently lost.
- Third party risk: INDU AG may use third parties to manage and operate the pre-sale and Crowdcontribution processes. INDU AG has no visibility into, or possibility to control, the software or mechanisms used by such third parties, and cannot verify or guarantee the proper functionality of the third parties' software or operations.
- Risk of theft: The Smart Contract System concept, the underlying software application and software platform (i.e. the Ethereum blockchain), or other assets of the INDU Token Project, may be exposed to attacks by hackers or other individuals that could result in theft or loss of INDU Token or funds, which may lead to a loss or devaluation of funds and/or INDU Token and the ability to develop the INDU Token Project.
- Risk of Ethereum mining and other malicious attacks: As with other cryptocurrencies, the blockchain used for the Smart Contract System is susceptible to mining and other malicious attacks, including but not limited to double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks. Any successful attacks present a risk to the Smart Contract System, expected proper execution and sequencing of INDU Token transactions, and expected proper execution and sequencing of contract computations.
- Risk of incompatible Wallet service: The cryptographic wallet software or wallet service provider of the User must be technically compatible with the INDU Token. The failure to assure this may lead to the User being unable to gain access to his INDU Token.
1 The User bears the sole responsibility to determine if the contribution to the Smart Contract System; the creation, allocation, ownership and use of INDU Token or the purchase and thereof after allocation and distribution; the potential appreciation or depreciation in the value of INDU Token over time; and/or any other action or transaction related to the INDU Token Project have tax implications for him/her/it.
2 By receiving, holding, transferring or using INDU Token, to the extent permitted by law, the User agrees not to hold any third party (including INDU AG team members as well as other developers, auditors, contractors or founders associated with the INDU Token, the Smart Contract System, the INDU Token Project or INDU AG) liable for any tax liability associated with or arising from the creation, allocation, distribution, ownership or use of INDU Token or any other action or transaction related to the INDU Token Project.
1 The User acknowledges and agrees that, to the fullest extent permitted by any applicable law, the User will not hold any INDU AG team members or other developers, auditors, contractors or founders associated with the INDU Token, the Smart Contract System, the INDU Token Project and/or INDU AG liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use, INDU Token, the Smart Contract System and/or the INDU AG Software under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). The User further acknowledges and agrees that the INDU AG team members or other developers, auditors, contractors or founders associated with the INDU Token, the Smart Contract System, the INDU Token Project and/or INDU AG shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use the INDU Token, the Smart Contract System and/or the INDU AG Software.
2 The User further specifically acknowledges that INDU AG team members or other developers, auditors, contractors or founders associated with the INDU Token, the Smart Contract System, the INDU Token Project and/or INDU AG are not liable, and the User agrees not to seek to hold them liable, for the conduct of third parties and that the risk of receiving, holding, transferring and using INDU Token rests entirely with the User.
3 By receiving, holding, transferring or using INDU Token, and to the extent permitted by law, the User agrees not to hold any third party (including INDU AG team members and other developers, auditors, contractors or founders associated with the INDU Token, the Smart Contract System, the INDU Token Project and/or INDU AG) liable for any regulatory implications or liability associated with or arising from the creation, allocation, distribution, ownership or use of INDU Token or any other action or transaction related to the INDU Token Project.
1 The User understands and expressly accepts that there is no warranty whatsoever on INDU Token, the Smart Contract, the INDU Token Website and / or the success of the INDU Token Project, expressed or implied, to the extent permitted by law, and that the INDU Token are purchased at the sole risk of the User on an "as is" and "under development" basis (a total loss of the purchase amount cannot be excluded) and to the extent permitted by law without any warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
2 The Participant also accepts that the INDU Token Project is still in an early development stage and unproven; that is why there is no warranty that the process for creating INDU Token will be uninterrupted or error-free and that there is an inherent risk that the INDU AG Smart Contract could contain weaknesses, vulnerabilities, or bugs causing, inter alia, the complete loss of INDU Token.
1 To the extent permitted by any applicable law, the Participant releases and agrees not to hold any directors, shareholders, initiators, developers, auditors, employees, representatives, successors, contractors or founders of INDU AG or any affiliated entity liable for any and all damages caused by or related to the use of, or the inability to use, INDU Token or the Smart Contract under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
2 To the extent permitted by any applicable law, the Participant releases and agrees that directors, shareholders, initiators, developers, auditors, employees, representatives, successors, contractors or founders of INDU AG or any affiliated entity shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of the INDU Token and/or the implementation of the INDU Token Project.
3 The Participant further specifically acknowledges that directors, directors, shareholders, initiators, developers, auditors, employees, representatives, successors, contractors or founders of INDU AG or any affiliated entity are not liable, and the Participant agrees not to seek to hold them liable, for the conduct of third parties and that the risk of purchasing, holding and using INDU Token rests entirely with the Participant.
4 By purchasing, holding or using INDU Token, and to the extent permitted by law, the Participant agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any regulatory implications or liability associated with or arising from the purchase, ownership or use of INDU Token or any other action or transaction related to the INDU Token Project.
1 The Participant acknowledges and agrees that any information or data the Participant has acquired from or about INDU Token Project, included, but not limited to, information or data regarding prices, scope of terms, and any other terms, conditions, obligations, representations, and warranties set forth herein or delivered prior to the publication of these Terms (hereinafter, the "Confidential Information"), was received in confidence. The Participant hereby expressly agrees to take all reasonable precautions to protect such information and not to divulge any such information or any information derived therefrom to any third person without the prior written consent of INDU AG. The Participant agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed in violation of these Terms. Confidential Information shall also mean all material and information that has or will come into the possession or knowledge of the Participant in connection with its performance hereunder and which in the ordinary course of business is considered to be treated as confidential. Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; (d) is independently developed by the other party; or (e) is required to be disclosed by any judicial or governmental requirement or order (provided that recipient advises the disclosing party of the governmental demand for disclosure in a timely manner).
1 These Terms sets forth the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous disclosures, understandings and agreements, whether oral or written, between them. Any provision of these Terms may only be amended, waived or modified with the written consent of the Parties. The Parties acknowledge that nothing in these Terms shall be deemed to constitute an employment relationship, partnership or joint venture and that the Parties are entirely independent of each other.
2 The User agrees that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
3 The User acknowledges that these Terms and/or the rights and obligations thereunder is/are non-transferable. In particular, the User may not assign these Terms or any of their respective rights and obligations thereunder in whole or in part.
4 Any notice required by these Terms shall be deemed sufficient if sent by email (to INDU AG: token@indu40.com to the User: according to INDU AG's last known, registered or available e-mail address of the User).
5 Except as otherwise provided in these Terms, these Terms and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. INDU AG may assign any of its rights and obligations under these Terms.
6 The failure of INDU AG to enforce any of the provisions of these Terms or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these Terms.
7 The Terms govern the creation, allocation, distribution, ownership and use of INDU Token and supersede any public statements and other documentation about the launch of INDU Token and/or the Smart Contract System made by anyone in the past, present and future.
8 The applicable law is Swiss law. Any dispute arising out of or in connection with the creation, allocation, distribution, ownership or use of INDU Token, or the development and execution of the INDU Token Project shall be finally settled by the ordinary courts of the registered domicile of INDU AG.
9 Contact: Indu4.0 AG, Dammstrasse 16, 6300 Zug, Switzerland, token@indu40.com
22 August 2022
| # | Parameter | Value |
|---|---|---|
| 1 | TOKEN NAME | INDU Token |
| 2 | TICKER | INDU |
| 3 | PLATFORM | ERC20 |
| 4 | DECIMALS | 8 |
| 5 | TOKEN SUPPLY | 750'000'000 |
| 6 | SUPPLY ROUNDS | Depending on development of Crowdcontribution 1-2 rounds (before Crowdcontribution Pre-Sale and Private Sale Rounds). Unsold and unreserved Token are kept as a reserve. |
| 7 | TOKEN USAGE | The INDU Token Project includes the development and marketing of the INDU Token by INDU AG that serves the purposes to pay for usage of the INDU Software (including advertisement and participation in a loyalty program to receive rewards in INDU Token through regular INDU Software usage) and to pay for participation in physical and/or virtual events and/or trade fairs organized by INDU AG (" INDU Token Usage") |
| 8 | INITIAL PRICE | 1 INDU Token = USD 0.10 |
| 9 | COUNTRY | Zug, Switzerland |
| 10 | RESTRICTED JURISDICTIONS | Afghanistan, Angola, Aruba, Bangladesh, Belarus, Benin, Bhutan, Bolivia, Bosnia, Botswana, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central Africa republic, Chad, China, Comorros, Congo, Congo Democratic republic, Cote d'Ivoire, Cuba, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Iran, Iraq, Jordan, Kenya, Kyrgyz Republic, Laos People's Republic, Lesotho, Lebanon, Liberia, Libya, Madagascar |
| 11 | KYC | Yes, level of KYC & AML checks depending on amount of investment |
| 12 | ICO PHASES | Pre-Sale, Private Sale (together "Pre-Sale") & Crowdsale |
| 13 | ACCEPTED CURRENCIES | BTC, ETH, BNB, FIAT (EUR, CHF, USD) |
| 14 | HARDCAP - ICO | USD 16.65 million |
| 15 | TOKEN DELIVERY | When all sales rounds are completed & the smart contract is created (the INDU token will be issued this year 2022) |
| 16 | PRIVATE SALE | 30 million INDU Tokens, price $0.04 per INDU Token, Starts on 20 June 2022 (Indicative, may be subject to change) |
| 17 | PRESALE | 105 million INDU Tokens, price $0.06 per INDU Token, Starts in July 2022 (Indicative, may be subject to change) |
| 18 | PUBLIC SALE | 142,5 million INDU Tokens, price $0.08 per INDU Token, Starts in August 2022 (Indicative, may be subject to change) |
| 19 | TOKEN ALLOCATION | - Private-Sale: 30 million - Pre-Sale: 105 million - Public-Sale: 142,5 million - Advisor & Partners: 60 million - PR & Marketing: 135 million - Platform operation and development: 135 million - Team & Founders: 75 million - Reserve INDU AG: 67,5 million |
| 20 | LOCK PERIOD | Only for INDU Tokens purchased during Private Sale & Pre-Sale Rounds |
If You are a US Person or if you are located in the United States of America:
INDU AG TOKEN WILL NOT BE AND HAVE NOT BEEN REGISTERED WITH THE SEC UNDER THE US SECURITIES ACT OF 1933, AS AMENDED ("US SECURITIES ACT") OR ANY STATE SECURITIES LAWS OF THE UNITES STATES OF AMERICA ("US"). "US" MEANS THE UNITED STATES OF AMERICA, ITS TERRITORIES AND POSSESSIONS, ANY STATE OF THE UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA.
THESE TERMS AND ANY OTHER DOCUMENT OR MATERIAL IN CONNECTION WITH THE OFFER OR SALE, OR INVITATION FOR SUBSCRIPTION OR PURCHASE, OF THE INDU TOKEN MAY NOT BE CIRCULATED OR DISTRIBUTED, NOR MAY THE INDU TOKEN BE OFFERED OR SOLD OR DELIVERED, OR BE MADE THE SUBJECT OF AN INVITATION FOR SUBSCRIPTION OR PURCHASE, WHETHER DIRECTLY OR INDIRECTLY, TO PERSONS RESIDING OR LOCATED IN THE US OR TO OR FOR THE ACCOUNT OR BENEFIT OF US PERSONS AS DEFINED IN REGULATIONS UNDER THE US SECURITIES ACT ("US PERSON").
IF YOU ARE A US PERSON OR IF YOU ARE LOCATED OR RESIDING IN THE US, YOU MAY BE SUBJECT TO REGULATORY, CRIMINAL OR FRAUD ENFORCEMENT ACTIVITIES IF YOU PARTICIPATE TO THE CROWDCONTRIBUTION. YOU ARE THEREFORE NOT ENTITLED TO PARTICIPATE TO THE CROWDCONTRIBUTION AND MAY NEITHER DIRECTLY NOR INDIRECTLY PURCHASE THE INDU TOKEN THROUGH ANY MEANS, BE IT ON THE PRIMARY OR THE SECONDARY MARKET, IF YOU ARE A US PERSON OR IF YOU ARE LOCATED IN THE US.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE NOT A US PERSON OR THAT YOU ARE NOT SUBJECT TO THE U.S JURISDICTION.
IF YOU PARTICIPATE TO THE CROWDCONTRIBUTION, YOU REPRESENT AND WARRANT THAT:
- YOU ARE NOT A US PERSON;
- YOU ARE NOT RESIDING OR LOCATED IN THE US AND ARE NOT PARTICIPATING IN THE CROWDCONTRIBUTION FROM THE US;
- YOU ARE NOT ACTING ON BEHALF OF A PRINCIPAL WHO IS A US PERSON OR LOCATED INSIDE THE US;
- YOU ARE NOT GIVING AN ORDER TO PARTICIPATE IN THE CROWDCONTRIBUTION FROM THE US;
THE INDU AG COMPANY WILL TAKE TECHNICAL MEASURES TO MAKE SURE YOU CANNOT PARTICIPATE TO THE CROWDCONTRIBUTION FROM THE U.S ("US BAN"). IF YOU, VIA TECHNICAL AND / OR OTHER MEANS CIRCUMVENT INDU AG COMPANY'S US BAN, INDU AG COMPANY WILL HAVE FULFILLED ITS DUTY AND WILL NOT BE HELD LIABLE FOR BREACH OF ANY US REGULATIONS, INCLUDING, BUT NOT LIMITED TO, THE US SECURITIES ACT ("BREACH").
IN CASE INDU AG COMPANY OR ANY OF ITS AFFILIATED ENTITES IS HELD LIABLE ANYHOW DUE TO SUCH BREACH, YOU AGREE TO FULLY INDEMNIFY INDU AG COMPANY AND ANY OF ITS AFFILIATED ENTITIES FOR ANY DAMAGE OR LOSS (INCLUDING REPUTATIONAL) INCURRED AS A RESULT OF SUCH BREACH, INCLUDING, BUT NOT LIMITED TO ANY PENALTY, ATTORNEY'S OR COURT FEES.
If You are residing in a country under UN-. EU-, CH- or US- embargo jurisdiction:
THESE TERMS AND ANY OTHER DOCUMENT OR MATERIAL IN CONNECTION WITH THE OFFER OR SALE, OR INVITATION FOR SUBSCRIPTION OR PURCHASE, OF THE INDU TOKEN MAY NOT BE CIRCULATED OR DISTRIBUTED, NOR MAY THE INDU TOKEN BE OFFERED OR SOLD OR DELIVERED, OR BE MADE THE SUBJECT OF AN INVITATION FOR SUBSCRIPTION OR PURCHASE, WHETHER DIRECTLY OR INDIRECTLY, TO PERSONS RESIDING OR LOCATED IN COUNTRIES SUBJECT TO A UN-, EU-, CH- OR US EMBARGO JUSRISDICTION.
ANY RESIDENTS OR CITIZENS OF ANY OTHER GEOGRAPHIC AREA THAT IS SUBJECT TO UN, US-, EU-, CH- OR ANY OTHER SOVEREIGN COUNTRY SANCTIONS OR EMBARGOES OR HAS ANY AFFILIATION TO SUCH SANCTIONS SHALL NOT BE ENTITLED TO USE THE WEBSITE AND PARTICIPATE IN THE CROWDCONTRIBUTION.
IF YOU ARE LOCATED OR RESIDING IN A UN-, EU-, CH- OR US EMBARGO JUSRISDICTION, YOU MAY BE SUBJECT TO REGULATORY, CRIMINAL OR FRAUD ENFORCEMENT ACTIVITIES IF YOU PARTICIPATE TO THE CROWDCONTRIBUTION.
YOU ARE THEREFORE NOT ENTITLED TO PARTICIPATE TO THE INDU AG CROWDCONTRIBUTION AND MAY NEITHER DIRECTLY NOR INDIRECTLY PURCHASE THE INDU TOKEN THROUGH ANY MEANS, BE IT ON THE PRIMARY OR THE SECONDARY MARKET, IF YOU ARE RESIDING IN A COUNTRY UNDER UN-, EU-, CH- OR US EMBARGO JURISDICTION.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE NOT RESIDING IN A COUNTRY UNDER UN-, EU-, CH- OR US EMBARGO JURISDICTION AND THAT YOU ARE NOT SUBJECT TO ANY SUCH JURISDICTIONS.
IF YOU PARTICIPATE TO THE CROWDCONTRIBUTION, YOU REPRESENT AND WARRANT THAT: YOU ARE NOT RESIDING OR LOCATED IN A COUNTRY UNDER UN-, EU-, SWISS- OR US EMBARGO JURISDICTION;
- YOU ARE NOT LOCATED IN A COUNTRY UNDER UN-, EU-, SWISS- OR US EMBARGO JURISDICTION;
- YOU ARE NOT PARTICIPATING TO THE CROWDCONTRIBUTION FROM ANY COUNTRY UNDER UN-, EU-, SWISS- OR US EMBARGO JURISDICTION;
- YOU ARE NOT ACTING ON BEHALF OF A PRINCIPAL LOCATED IN ANY COUNTRY UNDER UN-, EU-, SWISS- OR US EMBARGO JURISDICTION;
- YOU ARE NOT GIVING AN ORDER TO PARTICIPATE IN THE CROWDCONTRIBUTION FROM ANY COUNTRY UNDER UN-, EU-, SWISS- OR US EMBARGO JURISDICTION.
INDU AG COMPANY WILL TAKE TECHNICAL MEASURES TO MAKE SURE YOU CANNOT PARTICIPATE TO THE CROWDCONTRIBUTION FROM A COUNTRY UNDER UN-, EU-, SWISS- OR US EMBARGO JURISDICTION ("BAN"). IF YOU, VIA TECHNOLOGICAL AND/OR OTHER MEANS CIRCUMVENT THESE MEASURES AND INDU AG COMPANY'S BAN, INDU AG COMPANY AND ITS AFFILIATED ENTITIES WILL HAVE FULFILLED THEIR DUTY AND WILL NOT BE LIABLE FOR BREACH OF ANY UN-, EU-, CH- OR US EMBARGO RESTRICTIONS ("BREACH").
IN CASE INDU AG COMPANY OR ANY OF ITS AFFILIATED ENTITIES IS HELD LIABLE ANYHOW DUE TO SUCH BREACH, YOU AGREE TO FULLY INDEMNIFY INDU AG COMPANY FOR ANY DAMAGE OR LOSS (INCLUDING REPUTATIONAL) INCURRED AS A RESULT OF SUCH BREACH, INCLUDING, BUT NOT LIMITED TO ANY PENALTY, ATTORNEY'S OR COURT FEES.