條款和條件

 

Legal terms, June 19, 2021

The following Terms and Conditions (“Terms”) govern your (“you” or the “Purchaser”) purchase of cryptographic tokens (“HERO”) from Metahero.io Limited, a private limited company registered in the UK, Kemp House, 160 City road, London, EC1V 2NX, UK (the “Company”). Each of you and the Company is a “Party” and, together, the “Parties” to these Terms. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the HERO token sale.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE HERO FROM THE COMPANY. BY PURCHASING HERO FROM THE COMPANY, YOU WILL BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT MARKETING@METAHERO.IO .

By purchasing HERO, and to the extent permitted by law, you are agreeing not to hold any of the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Metahero Team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of HERO, including losses associated with the terms set forth below.

DO NOT PURCHASE HERO TOKEN IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING HERO, YOU SHOULD CAREFULLY CONSIDER THE TERMS LISTED BELOW AND, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT PURCHASE HERO.

PURCHASES OF HERO SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING Binance Smart Chain TOKENS, AND BLOCKCHAIN BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLE TO ASSIST PURCHASERS OF HERO DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF BTC, ETH OR HERO RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE HERO OR PARTICIPATE IN THE SALE OF METAHERO. YOUR PARTICIPATION IN METAHERO SALE IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.

PURCHASER AGREES TO BUY, AND COMPANY AGREES TO SELL, THE HERO TOKENS IN ACCORDANCE WITH THE FOLLOWING TERMS:

#1 The conditions of the HERO token sale

YOU MAY NOT MAKE A ACQUIRE A HERO TOKEN IF YOU ARE A CITIZEN, RESIDENT (TAX OR OTHERWISE) OR GREEN CARD HOLDER OF THE UNITED STATES OF AMERICA, OR OTHER COUNTRIES WHERE THE CRYPTOCURRENCIES ARE PROHIBITED BY LAW.

#2 The Company Will Not Purchase HERO token During the Metahero Sale

The Company warrants that neither it nor its shareholders will purchase HERO during the Metahero sale. Furthermore, the Company warrants that neither it nor its shareholders will purchase HERO from any third party during the period of the HERO sale.

#3 All purchases of HERO are final

ALL PURCHASES OF HERO ARE FINAL. PURCHASES OF HERO ARE NON- REFUNDABLE. BY PURCHASING HERO, THE PURCHASER ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, DIRECTORS OR SHAREHOLDERS ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

#4 Disclaimer of Warranties

THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING HERO AT THE PURCHASER’S SOLE RISK AND THAT HERO IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE Metahero TEAM WARRANTS THAT THE PROCESS FOR PURCHASING HERO WILL BE UNINTERRUPTED OR ERROR-FREE.

#5 Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions, Metahero is uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.

#6 Risk of Losing Access to Metahero cold wallets Due to Loss of Private Key(s), Custodial Error or Purchaser Error

 A private key, or a combination of private keys, is necessary to control and dispose of HERO stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing HERO will result in loss of such HERO. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your HERO. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store HERO in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your HERO. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving HERO, or provides an address that is not BEP20 compatible, may result in the loss of your Tokens.

#7 Risks Associated with the Binance Smart Chain Protocol

Because HERO and the Metahero platform are based on the Binance Smart Chain protocol, any malfunction, breakdown or abandonment of the Binance Smart Chain protocol may have a material adverse effect on the platform or HERO. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the HERO and the platform, including the utility of the HERO for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.

#8 Risk of Mining Attacks

As with other decentralized cryptographic tokens based on the Binance Smart Chain protocol, HERO are susceptible to attacks by miners in the course of validating HERO transactions on the Binance Smart Chain 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 platform and HERO, including, but not limited to, accurate execution and recording of transactions involving HERO.

#9 Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with the platform or HERO in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and HERO, including the utility of HERO for obtaining services.

THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING HERO AT THE PURCHASER’S SOLE RISK AND THAT HERO IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE METAHERO TEAM WARRANTS THAT THE PROCESS FOR PURCHASING HERO WILL BE UNINTERRUPTED OR ERROR-FREE.

 

METAHERO INVESTMENTS RISKS:

By purchasing, owning, and using HERO, you expressly acknowledge and assume the following risks:

#1 Risk of Losing Access to HERO Due to Loss of Private Key(s), Custodial Error or Purchaser Error

A private key, or a combination of private keys, is necessary to control and dispose of HERO stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing HERO will result in loss of such HERO. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your HERO. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store HERO in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your HERO. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving HERO, or provides an address that is not BEP20 compatible, may result in the loss of your Tokens.

#2 Risks Associated with the Binance Smart Chain Protocol

Because HERO and the HERO platform are based on the Binance Smart Chain protocol, any malfunction, breakdown or abandonment of the Binance Smart Chain protocol may have a material adverse effect on the platform or HERO. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the HERO and the platform, including the utility of the HERO for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.

#3  Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with the platform or HERO in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and HERO, including the utility of HERO for obtaining services.

#4 Risks Associated with Markets for HERO

If secondary trading of Tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to HERO (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.

#5 Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions, HERO are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.

#6 Risks Associated with Uncertain Regulations and Enforcement Actions

The regulatory status of HERO and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Metahero platform and HERO. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the platform and HERO. Regulatory actions could negatively impact the platform and HERO in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of HERO constitute unlawful activity or that HERO is a regulated instrument that requires registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. The Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

#7 Risks Arising from Taxation

The tax characterization of HERO is uncertain. You must seek your own tax advice in connection with purchasing HERO, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.

#8 Risk of Competing platforms

It is possible that alternative platforms could be established that utilize the same open-source code and protocol underlying the platform and attempt to facilitate services that are materially similar to the Metahero  services.

#9 Risks Arising from Lack of Governance Rights

Because HERO confers no governance rights of any kind with respect to the Metahero platform or the Company, all decisions involving the Company’s products or services within the platform or the Company itself will be made by the Company at its sole discretion. These decisions could adversely affect the platform and the utility of any HERO you own, including their utility for obtaining services.

#10 Unanticipated Risks

Cryptographic tokens such as HERO are new and untested technology. In addition to the risks included in this Annex A of these Terms, there are other risks associated with your purchase, possession and use of HERO, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex A of these Terms. Further Information

For further information regarding the HERO sale, please contact marketing@metahero.io