This Agreement of Token Purchase on SodaStar ("Agreement") between you and Bitsoda governs your participating in the purchase of any token ("token") from its token issuer via SodaStar - a service provided by Bitsoda. In this Agreement, "You" and "your" refers to you, the purchaser of the Token; “We” and” us” refer to Bitsoda, the SodaStar service provider.
Each time you purchase any token, you represent and assure Bitsoda that
i) you are an eligible purchaser of the token;
ii)have read and agree to the terms and conditions of this Agreement and any token purchase instructions and token sale information ;
iii) you acknowledge, agree and understand token purchase is between you and its token issuer, where Bitsoda‘s SodaStar only provide a place to facilitate your access to the sale of the token;
iv) you are not participating in the token sale for any investment, speculative or other financial purposes.
i) you are at least 18 years of age and have the full capacity and authority to accept the Agreement.
ii) your participation of Token Purchase does not constitute a breach of any applicable laws;
iii) You are not a person of any sanctions list or equivalent maintained by the United States, the United Kingdom government or the European Union;
iv) You are not located in, or a citizen or resident of any restricted locations for the token purchase.
Hong Kong, Cuba, Iran, North Korea, Crimea, China, Sudan, Malaysia, Syria, USA [including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Bangladesh, Bolivia, Ecuador, and Kyrgyzstan
2. Token Purchase on SodaStar
a. Verifying Account
You should create a Bitsoda account and verify your account to satisfy the Bitsoda identity verification acquirement.
b. Funding Account
In order to participate in the sale of the token on SodaStar, you must deposit a certain amount of specified cryptocurrency or cryptocurrencies in your Bitsoda account or convert other coins to that coin(coins).
The funds in your Bitsoda account should be your own and without dispute over the ownership and the funds should derive from a legitimate source.
c. Purchase of Token
The token purchase is between you and its token issuer.
During order placing time for a certain token, you may place an order to purchase the token. The order should be made as per the instruction of such order for the token on SodaStar.
Your acknowledge that order placed for the purchase of any token on SodaStar is final and you may not cancel it. You acknowledge and agree that your order may not fill or only partially fill due to the unsuccessful token sale, limited token amount or unexpected technical issues during the sale.
d. Unsuccessful Token Sale
A token sale is not regarded as successful unless preset targets are reached or other preset successful criteria are met. You acknowledge and agree your order will be canceled by Bitsoda when the token sale is unsuccessful. Except for a release of funds occupied by your order to your available balance, you waive any and all claims against the token issuer and Bitsoda for any loss or damages in connection with the unsuccessful token sale.
e. Order Not Fully Fills
The quantity of token you request in your order may not be the quantity of token you will receive. You understand and agree that your effective order is calculated algorithmically and you may have only a portion of your order getting filled.
f. Token Delivery and Trading and Withdrawal
The purchased token will not be delivered until the delivery date. Withdrawal or trading of the token will only be available until specified date and time for the token. Bitsoda and the token issuer will not be liable to you for any losses from your inability to transfer, withdraw or trade token during such period. You acknowledge the valuation and exchange rate of the token may fluctuate dramatically all the time and the rate after token delivery from the Issuer may differ significantly from the sale price on SodaStar.
You agree to pay Bitsoda any applicable fees for the purchase of token on SodaStar and authorize Bitsoda to deduct such fees from your Bitsoda account directly.
h. Conditions and Restrictions
Bitsoda may, without prior notice to you, at any time and in its sole discretion, refuse any transfer request, order or other request submitted by you or impose any other conditions or restrictions upon your use of the SodaStar service. For example, Bitsoda may:(i) restrict transaction requests from certain locations; (ii) restrict withdrawals or trading if there is a reasonable suspicion of fraud, diminished capacity or any inappropriate activity.
3. No Broker or Fiduciary Relationship
Bitsoda is not your broker, agent or advisor and has no fiduciary duty to you in connection with any purchase activities or other decisions relating to token sales on SodaStar. Supporting any token sale on SodaStar does not indicate approval or disapproval of the token or the token issuer and should not be used as a substitute for your own understanding of the risks specific to the token and the token issuer.
You acknowledge and agree that none of the SodaStar services amounts to investment advice or any marketing, promotion or offer of any Token or investment to you. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that Bitsoda may provide in connection with your use of the services.
4. Modification, Suspension or Termination
Bitsoda may, at its discretion and without liability to you, with or without prior notice and at any time, modify or suspend or terminate all or any portion of any service provided in relating to token sale on SodaStar.
5. No Liability
Bitsoda will not be liable for any losses suffered by you resulting from any modification of any services, in connection with the token sale on SodaStar, or from any suspension or termination of your access to all or a portion of any services in connection with the Token sale.
To the maximum extent permitted under applicable Law, Tokens or other items made available by Bitsoda are provided on an “as is” and “as available” basis without any warranties or representations of any kind. Bitsoda expressly disclaims, and you waive, any and all warranties of any kind in relating to the Token on SodaStar, whether express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Bitsoda does not represent or warrant that the service, Tokens, and data are accurate, complete, reliable, current or error-free, or free of harmful components.
7. Risk Disclosure
Participating in the Token sale on SodaStar involves significant risks and potential financial losses, including but not limited to the following:
1. The token projects are still at a very early stage. There may be significant risks in relating to their business operating, legislative or regulatory environment, and many other factors.
2. The Token and its underlying technology may be vulnerable to attacks on the security, integrity or operation of the Token or its underlying technology.
3. The Token may be canceled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Token Properties or failure of the Token to operate as intended.
4. The Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action.
5. The Token you purchased may decrease or increase in values dramatically due to technical, regulatory, market and other factors.
6. The understanding token may need advanced technical and financial knowledge in order to appreciate inherent risks.
7. You may not be able to withdraw all or any portion of your purchased tokens timely due to issues of the token’s underlying technology or technical issues on Bitsoda exchange.
8. Unauthorized third parties may access or use your Bitsoda Account and effect transactions without your knowledge or authorization.
8. Representations and Warranties
You hereby represent and warrant that:
You have read and understood all the terms and fully understand all the risks relating to token sale on SodaStar and are willing to assume all the liabilities and losses.
You have a sufficient understanding of the project and its token on SodaStar and make an informed decision after performing your own due diligence.
You understand token does not confer any rights of any kind with respect to Bitsoda or its issuer, including but not limited to, any voting, distribution, redemption, liquidation or other financial or legal rights.
By purchasing any token on SodaStar, you are certifying to Bitsoda that the activities in connection with the token purchase will comply with this Agreement and all applicable laws, rules, and regulations. The Token you receive will not be used in any forms of illegal activity, including but not limited to participating in or supporting any illegal activities.
9. Updates to Terms and Conditions
Bitsoda may update these terms and conditions of this Agreement at any time. We recommend that you check these terms and conditions periodically for changes.