Terms and Conditions

XBASE TOKEN SALE TERMS AND CONDITIONS
AS OF 27/07/2018
BY ETERBASE AG (FL-0002.570.473-6)

THE FOLLOWING TERMS AND CONDITIONS ("TERMS") GOVERN YOUR (“PURCHASER”) PURCHASE OF CRYPTOGRAPHIC ERC20 UTILITY TOKENS ("XBASE") FROM ETERBASE AG (FL-0002.570.473-6), A COMPANY REGISTERED IN LIECHTENSTEIN AND OR ETERBASE J.S.A. (ICO 50 720 791), A COMPANY REGISTERED IN SLOVAK REPUBLIC (JOINTLY THE “COMPANY” OR “ETERBASE GROUP”). 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 XBASE TOKEN SALE.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE XBASE FROM THE COMPANY. BY PURCHASING XBASE 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 INFO@ETERBASE.COM.

BY PURCHASING XBASE, 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, ADVISORS, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (THE “ETERBASE AG TEAM”) LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN ANY WAY CONNECTED, TO THE SALE OF XBASE, INCLUDING LOSSES ASSOCIATED WITH THE TERMS SET FORTH BELOW.

DO NOT PURCHASE ERC20 IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING ERC20, YOU SHOULD CAREFULLY CONSIDER THE TERMS LISTED BELOW, WHITEPAPER 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 XBASE TOKENS.

PURCHASES OF XBASE SHOULD STRICTLY BE UNDERTAKEN ONLY BY INDIVIDUALS, PROFESSIONALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND FULLY UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING ETHEREUM 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 XBASE TOKEWNS DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF ETH OR XBASE RESULTING FROM ACTIONS TAKEN BY OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE XBASE TOKENS OR PARTICIPATE IN THE SALE. YOUR PARTICIPATION IN XBASE TOKEN 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 XBASE TOKENS IN ACCORDANCE WITH THE FOLLOWING TERMS:

1. CONDITIONS OF XBASE TOKEN SALE

YOU MAY NOT BUY A XBASE TOKEN IF YOU ARE A CITIZEN, RESIDENT (TAX OR OTHERWISE) OR GREEN CARD HOLDER OF THE UNITED STATES OF AMERICA, OR A CITIZEN OR RESIDENT OF:

THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA;

BELIZE;

SYRIA;

IRAQ;

SOMALIA;

MYANMAR;

LIBYA;

AFGANISTAN;

DEMOCRATIC REPUBLIC OF CONGO;

SUDAN;

SOUTH SUDAN;

WHEN YOU PURCHASE, OR OTHERWISE RECEIVE, A XBASE TOKEN, YOU MAY ONLY DO SO BY ACCEPTING THE FOLLOWING CONDITIONS AND, BY DOING SO, YOU WARRANT AND REPRESENT THAT THE FOLLOWING ARE A TRUE AND ACCURATE REFLECTION OF THE BASIS ON WHICH YOU ARE ACQUIRING THE XBASE TOKENS:

NEITHER THE COMPANY NOR ANY OF THE ETERBASE TEAM HAS PROVIDED YOU WITH ANY ADVICE REGARDING WHETHER XBASE IS A SUITABLE INVESTMENT FOR YOU;

YOU HAVE SUFFICIENT UNDERSTANDING OF THE FUNCTIONALITY, USAGE, STORAGE, TRANSMISSION MECHANISMS AND INTRICACIES ASSOCIATED WITH CRYPTOGRAPHIC TOKENS, SUCH AS BITCOIN AND ETHER, AS WELL AS BLOCKCHAIN-BASED SOFTWARE SYSTEMS GENERALLY;

YOU ARE LEGALLY PERMITTED TO RECEIVE AND HOLD AND MAKE USE OF XBASE IN YOUR AND ANY OTHER RELEVANT JURISDICTION;

YOU WILL SUPPLY US WITH ALL INFORMATION, DOCUMENTATION OR COPY DOCUMENTATION THAT WE REQUIRE TO ALLOW US TO ACCEPT YOUR PURCHASE OF XBASE AND ALLOCATE XBASE TOKENS TO YOU;

YOU HAVE NOT SUPPLIED US WITH INFORMATION RELATING TO YOUR ACQUISITION OF XBASE OR OTHERWISE WHICH IS INACCURATE OR MISLEADING;

YOU WILL PROVIDE US WITH ANY ADDITIONAL INFORMATION WHICH MAY BE REASONABLY REQUIRED IN ORDER THAT WE CAN FULFIL OUR LEGAL, REGULATORY AND CONTRACTUAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO ANY ANTI-MONEY LAUNDERING OBLIGATION AND COUNTER-TERRORISM FINANCING;

YOU WILL NOTIFY US PROMPTLY OF ANY CHANGE TO THE INFORMATION SUPPLIED BY YOU TO US;

YOU ARE OF A SUFFICIENT AGE (IF AN INDIVIDUAL) TO LEGALLY OBTAIN XBASE, AND YOU ARE NOT AWARE OF ANY OTHER LEGAL REASON TO PREVENT YOU FROM OBTAINING XBASE;

YOU TAKE SOLE RESPONSIBILITY FOR ANY RESTRICTIONS AND RISKS ASSOCIATED WITH RECEIVING AND HOLDING XBASE, INCLUDING BUT NOT LIMITED TO THESE SET OUT IN ANNEX 1;

BY ACQUIRING XBASE, YOU ARE NOT MAKING A REGULATED INVESTMENT, AS THIS TERM MAY BE INTERPRETED BY THE REGULATOR IN YOUR JURISDICTION;

YOU ARE NOT OBTAINING OR USING XBASE FOR ANY ILLEGAL PURPOSE, AND WILL NOT USE XBASE FOR ANY ILLEGAL PURPOSE;

YOU WAIVE ANY RIGHT YOU MAY HAVE / OBTAIN TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS WIDE ARBITRATION AGAINST ANY ENTITY OR INDIVIDUAL INVOLVED WITH THE SALE OF XBASE;

YOUR ACQUISITION OF XBASE NOT INVOLVE YOUR PURCHASE OR RECEIPT OF SHARES, OWNERSHIP OR ANY EQUIVALENT IN ANY EXISTING OR FUTURE PUBLIC OR PRIVATE COMPANY, CORPORATION OR OTHER ENTITY IN ANY JURISDICTION;

TO THE EXTENT PERMITTED BY LAW AND PROVIDED WE ACT IN GOOD FAITH, THE COMPANY MAKES NO WARRANTY WHATSOEVER, EITHER EXPRESSED OR IMPLIED, REGARDING THE FUTURE SUCCESS OF XBASE AND/OR THE ETHEREUM NETWORK;

YOU ACCEPT THAT XBASE IS CREATED AND YOU OBTAIN XBASE ON AN “AS IS” AND “UNDER DEVELOPMENT” BASIS. THEREFORE, PROVIDED THE COMPANY ACTS IN GOOD FAITH, YOU ACCEPT THAT THE COMPANY IS PROVIDING XBASE WITHOUT BEING ABLE TO PROVIDE ANY WARRANTIES IN RELATION TO XBASE, INCLUDING, BUT NOT LIMITED TO, TITLE, MERCHANTABILITY OR FITNESS FOR A PURPOSE;

YOU ACCEPT THAT YOU BEAR SOLE RESPONSIBILITY FOR DETERMINING IF (I) THE ACQUISITION, THE ALLOCATION, USE OR OWNERSHIP OF XBASE (II) THE POTENTIAL APPRECIATION OR DEPRECIATION IN THE VALUE OF XBASE OVER TIME, IF ANY, (III) THE SALE AND PURCHASE OF XBASE; AND/OR (IV) ANY OTHER ACTION OR TRANSACTION RELATED TO XBASE HAS TAX IMPLICATIONS.

2. XBASE SALE

XBASE IS REQUIRED FOR PROPER OPERATION AND COMPREHENSIVE UTILIZATION OF XBASE (AS DEFINED IN THE WHITE PAPER (THE “WHITE PAPER”) PROVIDED AT:

HTTPS://ETERBASE.COM (THE “WEBSITE”) AS OF THE DATE THE PURCHASER ACQUIRES XBASE TOKEN).

TO THE EXTENT THEY DO NOT CONTRADICT THESE TERMS, THE RIGHTS CONNECTED TO XBASE ARE SUBJECT TO THE LIMITATIONS SET OUT IN THE WHITE PAPER, BUT THIS SHOULD IN NO CASE CREATE OBLIGATIONS FOR THE COMPANY IN ADDITION TO THE ONES CONTAINED IN THESE TERMS.

THE MAXIMUM TOTAL AMOUNT OF XBASE TO BE ISSUED IS 1,000,000,000. NO MORE XBASE WILL BE ISSUED AFTER THE END OF THE XBASE SALE, AS DESCRIBED IN THE PRECEDING PARAGRAPH. OWNERSHIP OF XBASE DURING THE XBASE TOKEN SALE CARRIES NO RIGHTS EXPRESS OR IMPLIED. PURCHASES OF XBASE ARE NON-REFUNDABLE.

THE ANTICIPATED DISTRIBUTION OF THE XBASE TOKENS IS AS FOLLOWS:

37% COMPANY RESERVE

6% FOUNDERS AND CORE-TEAM

5% CORE DEVELOPERS

2% ADVISORS AND PARTNERS

30% TOKEN SALE TO PUBLIC

2% BOUNTY AND AIRDROPS

18% TOKEN SWAPS AND PRE-LISTINGS

3. XBASE PRICE

PURCHASERS IN THE XBASE UTILITY TOKEN SALE WILL BE ALLOCATED THEIR XBASE TOKENS IN EXCHANGE FOR ETH AT THE FOLLOWING RATE:

TOKEN PRICE: 0.00005 ETH OR 50 000 GWEI

DISCOUNTS TO BE APPLIED DURING ICO:

WEEK 1 – 25%

WEEK 2 – 20%

WEEK 3 – 15%

WEEK 4 TO 8 – 0%

PURCHASER MUST HAVE AN ETHEREUM WALLET THAT SUPPORTS THE ERC-20 TOKEN STANDARD IN ORDER TO RECEIVE XBASE PURCHASED FROM THE COMPANY.

4. TIMING OF XBASE TOKEN SALE

THE XBASE SALE ON THE 18TH OCTOBER - THE XBASE SALE WILL RUN FOR 60 CALENDAR DAYS AND WILL END ON THE 18TH DECEMBER 2019 OR WHEN THE XBASE HARD CAP IS REACHED. THE COMPANY RESERVES THE RIGHT TO CHANGE THE SALE DATES OR EXTEND THE SALE DURATION FOR ANY REASON, INCLUDING THE UNAVAILABILITY OF THE WEBSITE OR OTHER UNFORESEEN SECURITY OR PROCEDURAL ISSUES.

THE GENERAL PUBLIC WILL BE ABLE TO SEE THE TOTAL NUMBER OF XBASE UTILITY TOKENS CURRENTLY SOLD, AS WELL AS THE DISTRIBUTION OF ALL XBASE UTILITY TOKENS BETWEEN THE PARTICIPATING ETHEREUM ACCOUNTS. IN THE SPIRIT OF OPENNESS, THE COMPANY WILL CONSTANTLY UPDATE ON THE WEBSITE THE NUMBER OF TOKENS SOLD AS WELL AS THE SHARE OF XBASE UTILITY TOKENS ALLOCATED TO THE SHAREHOLDERS OF COMPANY. FURTHERMORE, THE ETHEREUM ACCOUNTS USED TO STORE ETH DURING THE XBASE SALE DURATION WILL PUBLICALLY AVAILABLE AND THEIR BALANCES WILL ALSO BE MADE AVAILABLE ON THE WEBSITE.

5. AFTER THE XBASE UTILITY TOKEN SALE

THE PURCHASERS SHOULD HAVE NO EXPECTATION OF INFLUENCE OVER GOVERNANCE OF THE COMPANY.

THE ETERBASE EXCHANGE WILL PROVIDE THE UTILITY TOKEN HOLDERS WITH SIGNIFICANT DISCOUNTS THAT CAN BE AS LOW AS 0% FEES FOR MARKET MAKING AND MARKET TAKING ORDERS. ADDITIONALLY, XBASE UTILITY TOKEN HOLDERS WILL HAVE ACCESS TO ADDITIONAL FUNCTIONALITIES AND BENEFITS ON THE PLATFORM.

PRIOR TO A PURCHASER SELLING XBASE AFTER THE XBASE TOKEN SALE COMPLETION, SUCH PURCHASER SHALL ENSURE THAT THE BUYER OF ANY SUCH XBASE UNDERTAKES TO COMPLY WITH ALL THE PROVISIONS OF THESE TERMS AS IF SUCH PERSON WERE A PURCHASER IN THE XBASE TOKEN SALE.

6. THE COMPANY WILL NOT PURCHASE XBASE DURING THE XBASE SALE

THE COMPANY WARRANTS THAT NEITHER IT NOR ITS SHAREHOLDERS WILL PURCHASE XBASE DURING THE XBASE SALE. FURTHERMORE, THE COMPANY WARRANTS THAT NEITHER IT NOR ITS SHAREHOLDERS WILL PURCHASE XBASE FROM ANY THIRD PARTY DURING THE PERIOD OF THE XBASE SALE.

7. ALL PURCHASES OF XBASE ARE FINAL

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

IF THE COMPANY BELIEVES, IN ITS SOLE DISCRETION, THAT ANY INDIVIDUALS OR ENTITIES OWNING XBASE CREATES MATERIAL REGULATORY OR OTHER LEGAL RISKS OR ADVERSE EFFECTS FOR THE COMPANY AND/OR XBASE, THE COMPANY RESERVES THE RIGHT TO: (A) BUY ALL XBASE FROM SUCH XBASE OWNERS AT THE THEN-EXISTING MARKET PRICE AND/OR (B) SELL ALL CRYPTOCURRENCY ASSETS OF THE COMPANY.

8. TAXATION OF XBASE AND TAXATION RELATED TO THE ICO

THE PURCHASER BEARS THE SOLE RESPONSIBILITY TO DETERMINE IF THE PURCHASE OF XBASE WITH BTC, LTC, ETH OR THE POTENTIAL APPRECIATION OR DEPRECIATION IN THE VALUE OF XBASE OVER TIME HAS TAX IMPLICATIONS FOR THE PURCHASER IN THE PURCHASER'S HOME JURISDICTION. BY PURCHASING XBASE, AND TO THE EXTENT PERMITTED BY LAW, THE PURCHASER AGREES NOT TO HOLD ANY OF THE COMPANY, ITS AFFILIATES, SHAREHOLDERS, DIRECTOR, OR ADVISORS LIABLE FOR ANY TAX LIABILITY ASSOCIATED WITH OR ARISING FROM THE PURCHASE OF XBASE.

9. PRIVACY

THE PURCHASERS MAY BE CONTACTED BY EMAIL BY THE COMPANY. SUCH EMAILS WILL BE INFORMATIONAL ONLY. THE COMPANY WILL NOT REQUEST ANY INFORMATION FROM PURCHASERS IN AN EMAIL. SEE OUR PRIVACY POLICY AVAILABLE ON THE WEBSITE FOR ADDITIONAL INFORMATION

10. FORCE MAJEURE

THE ETERBASE TEAM IS NOT LIABLE FOR FAILURE TO PERFORM SOLELY CAUSED BY:

UNAVOIDABLE CASUALTY;

DELAYS IN DELIVERY OF MATERIALS;

EMBARGOES;

GOVERNMENT ORDERS;

ACTS OF CIVIL OR MILITARY AUTHORITIES;

ACTS BY COMMON CARRIERS;

EMERGENCY CONDITIONS (INCLUDING WEATHER CONDITIONS);

SECURITY ISSUES ARISING FROM THE TECHNOLOGY USED;

OR ANY SIMILAR UNFORESEEN EVENT THAT RENDERS PERFORMANCE COMMERCIALLY IMPLAUSIBLE. IF AN EVENT OF FORCE MAJEURE OCCURS, THE PARTY INJURED BY THE OTHER'S INABILITY TO PERFORM MAY ELECT TO SUSPEND THE TERMS, IN WHOLE OR PART, FOR THE DURATION OF THE FORCE MAJEURE CIRCUMSTANCES. THE PARTY EXPERIENCING THE FORCE MAJEURE CIRCUMSTANCES SHALL COOPERATE WITH AND ASSIST THE INJURED PARTY IN ALL REASONABLE WAYS TO MINIMIZE THE IMPACT OF FORCE MAJEURE ON THE INJURED PARTY.

11. DISCLAIMER OF WARRANTIES

THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING XBASE TOKEN AT THE PURCHASER'S SOLE RISK AND THAT XBASE 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 ETERBASE TEAM WARRANTS THAT THE PROCESS FOR PURCHASING XBASE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITATIONS WAIVER OF LIABILITY

THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO (i) USE OF, OR INABILITY TO USE, XBASE OR (ii) THE ETERBASE TEAM 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) AND THAT NONE OF THE ETERBASE TEAM SHALL 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 INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, ETERBASE, OR ARISING OUT OF ANY INTERACTION WITH THE SMART CONTRACT IMPLEMENTED IN RELATION TO ETERBASE. THE PURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE ETERBASE TEAM IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PURCHASERS OF XBASE, AND THAT THE RISK OF PURCHASING AND USING XBASE RESTS ENTIRELY WITH THE PURCHASER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE ETERBASE TEAM BE LIABLE TO ANY PURCHASER FOR MORE THAN THE AMOUNT THE PURCHASER HAVE PAID TO THE COMPANY FOR THE PURCHASE OF XBASE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A PURCHASER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY PURCHASER OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF THE ETERBASE TEAM.

13. COMPLETE AGREEMENT

THESE TERMS SET FORTH THE ENTIRE UNDERSTANDING BETWEEN THE PURCHASER AND THE COMPANY WITH RESPECT TO THE PURCHASE AND SALE OF XBASE. FOR FACTS RELATING TO THE SALE AND PURCHASE, THE PURCHASER AGREES TO RELY ONLY ON THE TERMS IN DETERMINING PURCHASE DECISIONS AND UNDERSTANDS THAT THE TERMS GOVERN THE SALE OF XBASE AND SUPERSEDE ANY PUBLIC STATEMENTS ABOUT THE XBASE TOKEN SALE MADE BY THIRD PARTIES OR BY THE ETERBASE TEAM OR INDIVIDUALS ASSOCIATED WITH ANY OF THE ETERBASE TEAM, PAST AND PRESENT AND DURING THE XBASE TOKEN SALE.

14. SEVERABILITY

THE PURCHASER AND THE COMPANY AGREE 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.

15. NO WAIVER

THE FAILURE OF THE COMPANY TO REQUIRE OR ENFORCE STRICT PERFORMANCE BY THE PURCHASER OF ANY PROVISION OF THESE TERMS OR THE COMPANY’S FAILURE TO EXERCISE ANY RIGHT UNDER THESE TERMS SHALL NOT BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF THE COMPANY'S RIGHT TO ASSERT OR RELY UPON ANY SUCH PROVISION OR RIGHT IN THAT OR ANY OTHER INSTANCE. THE EXPRESS WAIVER BY THE COMPANY OF ANY PROVISION, CONDITION, OR REQUIREMENT OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF ANY FUTURE OBLIGATION TO COMPLY WITH SUCH PROVISION, CONDITION OR REQUIREMENT. EXCEPT AS EXPRESSLY AND SPECIFICALLY SET FORTH IN THESE TERMS, NO REPRESENTATIONS, STATEMENTS, CONSENTS, WAIVERS, OR OTHER ACTS OR OMISSIONS BY THE ETERBASE TEAM SHALL BE DEEMED A MODIFICATION OF THESE TERMS NOR BE LEGALLY BINDING.

16. UPDATES TO THE TERMS

THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THE TERMS AT ANY TIME DURING THE SALE BY POSTING THE AMENDED TERMS ON THE WEBSITE. ANY PURCHASER WILL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES BY PURCHASING XBASE. THE TERMS MAY NOT BE OTHERWISE AMENDED EXCEPT BY EXPRESS CONSENT OF BOTH THE PURCHASER AND THE COMPANY.

17. COOPERATION WITH LEGAL AUTHORITIES

THE COMPANY WILL COOPERATE WITH ALL LAW ENFORCEMENT ENQUIRIES, SUBPOENAS, OR REQUESTS PROVIDED THEY ARE FULLY SUPPORTED AND DOCUMENTED BY THE LAW IN THE RELEVANT JURISDICTIONS.

18. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE ETERBASE TEAM FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO: (I) YOUR PURCHASE OR USE OF XBASE; (II) YOUR RESPONSIBILITIES OR OBLIGATIONS UNDER THESE TERMS; (III) YOUR VIOLATION OF THESE TERMS; OR (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY.

THE COMPANY RESERVES THE RIGHT TO EXERCISE SOLE CONTROL OVER THE DEFENSE, AT YOUR EXPENSE, OF ANY CLAIM SUBJECT TO INDEMNIFICATION UNDER THIS SECTION 18. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.

19. SECURITY

YOU ARE RESPONSIBLE FOR IMPLEMENTING REASONABLE MEASURES FOR SECURING THE WALLET, VAULT OR OTHER STORAGE MECHANISM YOU USE TO RECEIVE AND HOLD XBASE PURCHASED FROM THE COMPANY, INCLUDING ANY REQUISITE PRIVATE KEY(S) OR OTHER CREDENTIALS NECESSARY TO ACCESS SUCH STORAGE MECHANISM(S). IF YOUR PRIVATE KEY(S) OR OTHER ACCESS CREDENTIALS ARE LOST, YOU MAY LOSE ACCESS TO YOUR TOKENS. THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSSES, COSTS OR EXPENSES RELATING TO LOST ACCESS CREDENTIALS.

20. LANGUAGE

CURRENTLY, ONLY ENGLISH VERSIONS OF ANY ETERBASE'S COMMUNICATIONS IS CONSIDERED OFFICIAL. THE ENGLISH VERSION SHALL PREVAIL IN CASE OF DIFFERENCES IN TRANSLATION.

21. GOVERNING LAW

THE TERMS, THE ARBITRATION CLAUSE CONTAINED IN THEM, AND ALL NON-CONTRACTUAL OBLIGATIONS ARISING IN ANY WAY WHATSOEVER OUT OF OR IN CONNECTION WITH THESE TERMS ARE GOVERNED BY, CONSTRUED, AND TAKE EFFECT IN ACCORDANCE WITH LIECHTENSTEIN LAW.

22. ARBITRATION

A DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS IS PERSONAL TO YOU AND THE COMPANY AND WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPT TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH.