Efinity Crowdloan Campaign

In these Terms, “we”, “us” or “Company” refers to NFTech Pte. Ltd., and “our” shall be construed accordingly. “You” refers to any person participating in the Efinity Crowdloan, and “your” shall be construed accordingly.

Your participation in the Efinity Crowdloan is subject to these Terms as may be amended by us from time to time at our sole and absolute discretion. These Terms shall also include any other operating rules, policies and procedures which we may issue from time to time. Save for these Terms and any other operating rules, policies and procedures which we may issue from time to time, no information contained in or on https://efinity.io and https://enjin.io (the “Websites”), social media channels (the “Channels”) and/or any other information or document shall constitute a part of these Terms.

We may revise these Terms at any time with or without notice to you and any changes will be uploaded on the Websites and/or our Channels. These changes shall take effect from the date of upload and your continued access, use of the Websites, or participation in the Efinity Crowdloan from such date shall be deemed to constitute acceptance of the new Terms. It shall be your sole responsibility to check the Websites and Channels for such changes from time to time. If you do not agree to these Terms, please do not participate in the Efinity Crowdloan.

By accessing the Efinity Crowdloan Campaign, you represent and warrant to the Company as follows: 

1. You are of legal age to participate in the Efinity Crowdloan Campaign and are not a citizen of, domiciled in, or a resident of a country the laws of which prohibit or conflict with the holding, sale, or trading of tokens, or any country in which the Efinity Crowdloan or any transaction contemplated by these Terms is prohibited, restricted or unauthorized in any form or manner whether in full or in part under applicable laws, regulatory requirements, or rules in such jurisdiction (the “Excluded Jurisdictions”). The Excluded Jurisdictions shall include (without limitation):

• The United States of America, including any state of the United States of America, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, Wake Island, and the Northern Mariana Islands (“U.S.”);
• Canada;
• People’s Republic of China;
• Democratic People’s Republic of Korea;
• Cuba;
• Belarus;
• Syria;
• Iran;
• Iraq;
• Democratic Republic of Congo;
• Sudan; 
• South Sudan;
• Zimbabwe; and
• People’s Republic of Crimea. 

2. You agree and acknowledge that Efinity (“EFI”) tokens are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any form of investment in any jurisdiction. The Efinity Crowdloan Campaign and these Terms do not constitute a prospectus or offer document of any sort and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme, or any other form of capital markets product or investment in any jurisdiction, nor a solicitation for any form of investment. 

3. You agree and acknowledge that no regulatory authority has examined or approved the information set out in the Efinity Crowdloan Campaign and that the publication, distribution, or dissemination of information under the Efinity Crowdloan Campaign does not imply to you that the applicable laws, regulatory requirements, or rules have been complied with.

4. Your access to, or use of, the Efinity Crowdloan Campaign and the holding of EFI tokens by you is not prohibited or restricted by any applicable laws, regulations, or rules in any jurisdiction to which you are subject, and where any restrictions are applicable, you have observed and complied with all such restrictions at your own expense and without liability to the Company.

5. You agree and acknowledge that EFI is not to be construed, classified or treated as:

• Any kind of currency other than cryptocurrency;
• Debentures, stocks or shares issued by any person or entity;
• Rights, options or derivatives in respect of such debentures, stocks or shares;
• Rights under a contract for differences or under any contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
• Units in a collective investment scheme;
• Units in a business trust;
• Derivatives of units in a business trust; or
• Any other security, class of securities or form of investment (whether regulated or otherwise).

6. You agree and acknowledge that the Company shall not be liable for any direct, indirect, special, incidental, consequential, or other losses of any kind (including but not limited to loss of revenue, income or profits, and loss of use or data), in tort (including negligence), contract or otherwise, arising out of or in connection with you accessing or using the Efinity Crowdloan Campaign.

7. You waive the right to participate in a class-action lawsuit or a class-wide arbitration against the Company, any person involved in the Efinity Crowdloan Campaign and/or with the creation and distribution of the EFI tokens. 

8. You are not in the U.S. or a U.S. Person as defined under Rule 902, Regulation S of the U.S. Securities Act, and are participating in the Efinity Crowdloan Campaign in a transaction made in accordance with Regulation S under the U.S. Securities Act (and you understand and agree that the Company intends that no transaction pursuant to the Efinity Crowdloan Campaign is to be entered into with any person in the U.S. or any U.S. Person).

9. You agree and acknowledge that the Efinity Crowdloan Campaign may be treated as a security in your jurisdiction, and if so, you are participating in the Efinity Crowdloan Campaign and receiving EFI tokens and any other digital tokens pursuant to an exemption or safe harbor from the registration or the prospectus requirements of all relevant jurisdictions (including Regulation S under the U.S. Securities Act).

10. You have sufficient funds to fulfill your obligations of under the Efinity Crowdloan Campaign and are not bankrupt or insolvent.

11. You are participating in the Efinity Crowdloan Campaign and receiving EFI tokens for your own account, not as a nominee or agent, and not with a view to, or for resale in connection with, the distribution thereof, and you have no present intention of, directly or indirectly, selling, granting any participation in, or otherwise distributing the EFI tokens you will receive. 

12. The EFI tokens to be delivered to and received by you will not be used for any illegal activity or activity prohibited by securities laws, anti-money laundering laws, or any other applicable laws. Such activity may include (without limitation): tax evasion; financial misconduct; activity involving drugs and other controlled substances; counterfeiting; espionage; kidnapping; smuggling; copyright infringement; terrorism; terrorist financing or other material support of terrorists or terrorism; arms dealing; bank fraud; wire fraud; mail fraud; concealment of assets or any effort by conspiracy or otherwise to defeat, defraud or otherwise evade, any party or the court in a bankruptcy proceeding, a receiver, a custodian, a trustee, or any other officer of the court or governmental authority; bribery; forgery; or fraud of any kind.

13. You have sought or will seek such tax advice as you consider necessary to determine what tax implications your participation in the Efinity Crowdloan Campaign may have for you; 

14. You are participating in the Efinity Crowdloan Campaign with full understanding of the nature and risks of digital tokens and blockchain networks, and voluntarily and of your own accord; and 

15. All of the above representations and warranties are and will continue to be, true, complete, accurate, and non-misleading from the time of your acceptance of this attestation and notwithstanding the receipt by you of any EFI tokens.

DISCLAIMERS

‍

1. To the maximum extent permitted by all applicable laws, regulations and rules and except as otherwise provided in these Terms, the Company hereby expressly disclaims its liability and shall in no case be liable to you or any other person for:

• Postponement, suspension and/or abortion of the Efinity Crowdloan Campaign;
• Any failure, malfunction, virus, error, bug, flaw, defect or otherwise adversely affecting the Efinity Crowdloan Campaign;
• Failure to disclose information relating to the Efinity Crowdloan Campaign;
• Any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction applicable to the Efinity Crowdloan Campaign or your participation therein;
• Any risks associated with your participation in the Efinity Crowdloan Campaign;
• Loss of possession of the credentials for accessing, or loss or destruction of the private keys of, any digital wallet, in any manner and to any extent;
• Any losses arising out of or in connection with your participation in the Efinity Crowdloan Campaign; and
• All other risks, direct, indirect or ancillary, whether in relation to your participation in the Efinity Crowdloan Campaign which are not specifically or explicitly contained in or stated in these Terms.

2. The Company reserves the right, in its sole and absolute discretion, to adopt organizational, technical or other measures, including but not limited to geo-blocking of internet protocol address(es), to ensure that the Efinity Crowdloan Campaign be unavailable to certain persons that it may determine are ineligible, and the Company shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any consequences of such prohibition.

3. The Company reserves the right, in its sole and absolute discretion, to reject your participation in the Efinity Crowdloan campaign, and the Company shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any consequences of such rejection.

4. The Company reserves the right, in its sole and absolute discretion, to postpone, suspend and/or abort the Efinity Crowdloan campaign at any time after your acceptance of these Terms. In such an event, the Company shall have no obligation whatsoever to you and shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any consequences of such abortion.