Terms and Conditions

of

Aladin Capital AG, Zug SWITZERLAND (AC) CH- 109.852.139

        1.     Scope of the Terms and Definitions

These General Terms and Conditions ("Conditions") apply to all current and future relationships between Aladin Capital AG and its current members, subsidiaries and/or sister companies (all "AC"), and you as the user of any of the services, products and (Internet) services (all generally "Products and services" and or "services" offered by AC).

Before you can obtain or use products and services offered by AC, you must read all the provisions of these Terms and Conditions and agree to these Terms and Conditions in their entirety and all other regulations mentioned therein.

        2.     Additional rules

In addition to these terms and conditions, the other terms, policies, restrictions or rules apply as shown by AC for their products and services on their websites.

        3.     AC version and change reservation

These terms and conditions are the current ones and replace all previous terms and conditions of AC.

AC reserves the right to change these terms and conditions at any time. Adjustments will be communicated to you in a suitable manner, in particular by means of corresponding publications on the AC websites, in particular through the introduction of the new terms and conditions.

Significant changes to these terms and conditions will be announced to you at least 30 days before their entry into force on the websites operated by the AC. If you do not object within these 30 days, then this is your agreement to all of the changes to these terms and conditions. If you do object, you are free to cancel your membership with AC.

You have the opportunity at any time to view these terms and conditions in their current version via the AC websites.

        4.     Intellectual property and rights of use

The intellectual property, all copyrights and usage rights, trademarks, images, logos, information and other resources as well as similar rights to the products and services distributed by AC, their software, the blockchain as well as Aladin Coin (AIC) etc. remain in any case (eg, also with a purchase of AIC’s, with the use of the exchange platforms, the Wallets, etc.) with the AC.

To the extent that you legally download or use the Software on your computer, device, or other platform as part of the purchase and use of AC's products and services, or utilize the online platform, AC grants you a revocable, non-exclusive, non-transferable and non-sublicensable free and limited license to use this software in accordance with these terms and conditions and the additional rules applicable to the product or service, for the sole use of you. You may not sell, rent, lend or otherwise make these rights of use available to any other person. You must keep the Software in its delivered condition and may not modify, reproduce, distribute, display, publish, reverse engineer or otherwise influence it in any way.  If AC should rely on you for the provision of its products and services for intellectual property rights or other intellectual property rights, you grant AC a free and limited right of use for the purpose of the service rendered by AC and for the duration necessary for service provision.

        5.     AIC as a cryptocurrency

AC offers the "AIC", (AIC) a crypto currency (virtual currency). AC offers this "coin" and provides services for the AIC. The AIC are mined on the blockchain programmed by AC.

The AIC is a pure arithmetic unit, it does not exist physically. The number of already mined and circulating AIC’s steadily increases up to a maximum and no longer changeable number of 21 million and can be checked in the block explorer (https://explorer.aladincoins.com/) be checked.

The blockchain verifies and seals all transactions made with AIC and thus ensures the correct allocation and recognition of the AIC to the users of the services offered by the AC. You have no right to the release or storage of AIC or equivalent as a matter.

The AIC is considered a cryptocurrency. However, you have no legal claim against any person or institution for payment of AIC unless you have a dispute with a 3rd party vendor who accepts AIC; in which case, AIC is hereby indemnified from any action. AC does not give anyone a right to convert AIC into money. It is only able to be exchanged for other cryptocurrencies such as Bitcoin. AC also makes no representations or warranties regarding the value, the expectation of value and/or the value of AIC’s; although it does present a speculative valuation in marketing materials based on AC’s mining operations, other operations being developed in the future, as well as the comparison to Bitcoin. AC does not in any way guarantee any future valuation of AIC.

        6.     Publicly visible blockchain

AC operates the blockchain on its own and/or controlled IT infrastructure. The blockchain is (re)written using computational methods to verify and seal the creation and each transaction with AIC. The blockchain operated by AC is publicly available.

You can review the transactions of various wallets at any time, and you expressly agree that others may verify your wallet transactions. The block explorer can be found at the following Internet address: https://explorer.aladincoins.com

AC is entitled to adapt the programming of the blockchain, as far as technically feasible, to the needs of AC and the market at any time. At times there may be technical issues. AC is not responsible for any change in the value of AIC if the AIC Platform is temporarily down for IT management to fix a problem.

        7.     Open source code AIC

The blockchain "source code" is available to the public as it is a decentralized cryptocurrency (such as Bitcoin) with open source code.

        8.     Tokens and their conversion into AIC’s

The blockchain creates AIC’s continuously and independently of the sales of other coins or tokens. AC cannot speed up or slow down this process (only the blockchain itself is programmed to keep the blocks as consistent as possible, so that more computing power in the system makes tasks harder, with more information to process or less processing power in the system). Therefore, it cannot be guaranteed that at any time someone wants to buy AIC’s, the necessary number of AIC’s has already been generated.

In order to be able to obtain ownership of AIC’s immediately, you can acquire them on the exchanges on which they are being offered. AIC’s are mined by AC. Participation in the mining activities doesn’t necessarily require membership in the multi-level marketing program developed and managed by AC. An individual can mine AIC on the own. AC doesn’t provide support to individuals mining AIC. The mining operation provides underlining intrinsic value for the AIC.

        9.     Mining Aladin Coin

AC mines AIC for its members and provides a bonus structure for those members based on a multi-level marketing (MLM) structure. Mining information can be found at https://aladinmine.org/aic/. Individuals who wish to mine AIC on their own may do so at their own risk, talent and effort. Individuals who wish AC to assist them in mining must participate in the MLM and can register at: https://www.aladincapital.com

        10.   No deposits with AC / No bank, trusteeship or administration

AIC is considered cryptocurrency, and AC is not a registered and regulated bank. It is a Self-Regulated Organization (SRO) Swiss Trust Company regulated by FINMA in Switzerland. None of the services offered by AC, in particular not in connection with the AIC and the processing of transactions with AIC (namely in the form of the operation of the various platforms CitiExchange.org, aladincoins.com and aladinmines.org), implies that at any time you have a "deposit" or a deposit account at AC within the meaning of banking legislation.

You recognize that AC is not a bank, and that its products and services are not banking services. You acknowledge that AC is not acting as your trustee or asset manager.

        11.   Transactions and transaction restrictions

On its online platforms, in particular Aladincapital.com and Aladincoins.com, AC provides only the software or platform and thus the processing service with which you can register transactions for processing in the blockchain. The logged-in transactions are processed by the blockchain in an automatic process. This process is pre-programmed and protected against any interference. This ensures every transaction is correctly verified and sealed. AC can therefore not intervene in this process. It also cannot undo blockchain verified and sealed transactions.

In the case of transactions entered incorrectly by you, namely erroneous transfers, you can contact the AC in writing or by email. This will inquire whether the recipient of the erroneous transaction agrees to a voluntary return transfer. If he does not, AC will provide you with the contact details of the recipient so that you can contact him or work backwards. AC has no further obligations in this process.

AC does not handle transactions and payments; AC does not hold and manage funds from you and third parties in the various wallets; AC only provides access to the blockchain. AC is not involved in the settlement of payment transactions and payment processes of the parties involved. AC does not guarantee a specific processing time for transactions. AC does however utilize the MLM member funds to buy and manage cryptocurrency mining machines and operations for its member benefits.

AC is under no obligation to monitor or verify the transactions in or through AIC or any other currency on these platforms. You are responsible for transactions in AIC or other currencies entered by you on a platform operated by AC. AC is responsible for technical errors and issues and will work in an expeditious manor to correct such issues if they arrive.

Due to regulatory conditions, transfer restrictions and/or prohibitions may exist or become necessary in the future. Please note that in such a case AC products and services are only limited or no longer available. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith.

        12.   Data security

AC designs its products and services to the best of its ability and according to the current state of the art (best effort).

However, information technology is never completely secure. Attacks and manipulations of all kinds are possible, both on AC systems and on your systems or those of third parties. Conceivable are, inter alia, hacker attacks, virus attacks, fishing and phishing, mining attacks, etc., but also power cuts or the like. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith.

You are obliged to inform AC immediately if you have been the victim of a computer attack and AC products or services are affected or may be affected.

It remains the advice of AC that all users of its platforms utilize a VPN network when logging on and completing transactions.

        13.   Identification

AC attaches great importance to correctly identifying the users of its platforms for transactions with AIC’s and the beneficial owners behind any users. AC uses different identification methods.

You are obliged to provide AC with all information requested at the time of registration or later about your identity, confirmation of residency, and your economic circumstances. In particular, you are obliged to provide AC with standard Know Your Customer (KYC) documents; State Issued identification, a copy of a current consumer bill  (gas, electricity, telephone, etc.), corporate accounts must provide all registration documents and certified declaration of the beneficial ownership.

In the event of changes to the information provided, you are obliged to notify AC of any changes in writing right away. You also authorize AC to obtain from you and from third parties with all other information which AC considers necessary for the proper identification of your person, stay and economic circumstances.

In general, AC must be sure the information submitted to it is correct, unless AC is informed that information is flawed, unauthorized or falsified. You are responsible for the truth and completeness of the identification data.

AC is not obliged to accept you as a user. AC may terminate the relationship with you at any time, refuse to create, activate, or adapt a user profile, and AC may block or delete user profiles at any time if it believes you or a third party is violating its obligations under these terms or other legal or moral obligations. The provision of false information may also constitute a criminal offence.

        14.   Prohibition of trusteeship

You may acquire and use all AC products and services exclusively and for your own account. In particular, you are required to use your access data only for yourself, not to disclose it to any other person and to secure it in such a way that other persons cannot be aware of it. You may not register transactions in AIC or other cryptocurrencies on a fiduciary basis or as a straw person for others.

        15.   Protection of access authorization

You are responsible for the protection of your access data for all AC products and services. Misuse of your access rights can lead to misallocation of products and services, including unwanted transactions and loss of AIC’s and other cryptocurrencies. Transactions may be executed incorrectly, late or not at all. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith.

        16.   Privacy Policy

AC complies with the Swiss Data Protection Act. You authorize AC to use your data (including IP addresses, profile information, name, address, telephone numbers, email addresses, date of birth, contacts, browser type, computer behavior, contents of the various wallets, transactions, etc.) for the purposes of administration, Customer Service, combating money laundering, compliance, auditing, security and all other purposes in connection with your use of the services offered by AC. AC may use cookies to identify your preferences and to adjust their offers accordingly.

You have the right at any time to request information from AC on the personal data you have processed and, if proved with the necessary evidence, its correction or updating.

AC will neither sell your data for marketing purposes nor make it available to others without your permission.

AC's blockchain and thus all transactions in AIC are transparent, i.e. publicly visible and comprehensible. They take note of the fact that anyone can recognize when and how many AIC’s were and are assigned to which wallets. You acknowledge that any person who has, for example, provided you with the identification of your wallet during a transaction, can keep track of how many AIC’s are assigned to their wallet and what transactions you make with them. You agree and acknowledge that this information about your Wallet cannot be blocked. If you do not agree, you should not use AC products and services.

If you are the recipient of alleged faulty transfers, AC may contact you at the request of a third party.  If no amicable agreement is reached between you and the third party spokesman, AC is authorized to provide your data, name and surname, and address. They accept it with approval.

AC cannot guarantee comprehensive data protection. AC points out that for technical reasons, eg, when transmitting information (for example, when transmitting an unencrypted or insufficiently encrypted email), it is not possible to ensure comprehensive data protection. When switching to external websites, AC's privacy policy does not apply, but those of the respective website. In particular, AC is also entitled to transfer all data from you to the competent authorities, auditors and private individuals in Switzerland and abroad, in particular in the case of criminal, civil and / or administrative proceedings of any kind.

        17.   Comments and opinions

AC does not tolerate offensive behavior. If AC products and services are provided with your comments or opinions, you are solely responsible. AC is not responsible and accepts no liability for any of your comments or opinions. AC is entitled, but not obliged, to immediately delete unlawful or indecent comments and opinions without prior warning.

        18.   Links / shortcuts

AC websites or general services and products may contain links to websites and sources of third parties. A link does not mean that AC confirms or is in any way related to the sources and content. AC is not responsible for the type and content of the linked websites. You use all links and the contents of the resulting websites at your own risk and release AC from any related direct and indirect liability and responsibility.

        19.   Violations of laws and regulations / notification to authorities

If there is a reasonable suspicion that you have violated existing domestic or foreign laws and / or other regulations in connection with AC's products and services, AC is entitled to report this to the competent authorities.

In such cases, AC is entitled, excluding all indemnification from you, to block all of your products and services immediately and without prior notice and to break off the business relationship with you.

In such cases, AC is entitled to cooperate with the competent authorities, ensuring full transparency, especially with regard to personal data.

        20.   Offers / conclusion of Contract

AC websites do not contain a binding offer for products and services. All offers are non-binding and without obligation. Your order is considered a binding offer. You agree to provide truthful information about your orders.

AC is not obliged to enter into business relations of any kind with you. AC may refuse to enter into new business or continue existing business relationships with you without stating reasons.

        21.   Your right to rescind your online order

AC grants you a right of withdrawal as a buyer of AIC’s and member of the MLM, provided that you have not yet mined the AIC’s. If you wish to withdraw mined AIC’s, you must declare to AC in writing or by e-mail no more than 90 days after mining and receiving your AIC’s and fourteen (14) days prior to withdrawal request. The revocation must be sent to email address [email protected]  If the conditions of the withdrawal are met, AC will release the AIC’s.

        22.   Legal and regulatory framework

AC is a company domiciled in Switzerland and is subject to Swiss law. It complies with the legal and regulatory requirements applicable in Switzerland when providing its Internet services. It also does everything reasonable to ensure that its Internet services are not offered in countries whose jurisdiction does not permit their use.  However, it is your own responsibility to ensure that you do not violate your country's laws by using AC Internet Services.

When using AC products and services and associated items, you are prohibited from

(a)    violating the provisions of these AC or other regulations published by AC on its websites;

(b)    violating any applicable law;

(c)    using AC's products and services to promote or conclude transactions that violate applicable law, including, but not limited to, the trading of goods that are prohibited from trading, the exchange of data, media or information, if it infringes the rights of third parties or the use of prohibited or criminal services;

(d)    using AC's products and services to disguise the origin or the eligibility of assets;

(e)    seeking or securing an undue advantage by using AC products and services;

(f)     disclosing data of another user to third parties, to pass them on to third parties or to use them for marketing purposes, unless the other user has expressly consented to this;

(g)    using AC's products and services as a straw man, trustee or equivalent for the account and benefit of a third party;

(h)    disclosing your access data to a third party or failing to secure it in such a way that no third party can recognize it;

(i)     allowing the intrusion of malware or spyware;

(j)     using technical devices or software to interfere, monitor or duplicate the websites operated by AC;

In addition, you agree not to use AC's Internet services in or from countries where AC does not support these services.

If you violate these obligations AC is entitled immediately and without prior notice to suspend your accounts, and/or break off the business relationship with you, and/or block your access to blockchain. In such a case, you can no longer use all of AC's products and services and your tokens, AIC’s and other cryptocurrencies expire without compensation. You are also obliged to compensate AC for the damage caused by the prohibited use.

AC and its products and services may be affected by changes in the legal and regulatory framework in Switzerland or abroad. This may mean that AC can no longer provide its products and services to the same extent or even no longer at all. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith.

        23.   Change of products and services

AC is a start-up company. There is a possibility that in the future existing products and services will change in whole or in part, be eliminated, be replaced by new ones and that entirely new products and services will be added. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith. However, AC has acquired assets that have value and believes that its business plan is sustainable. 

        24.   Technical specifications

AC does not guarantee or warrant for any particular property of its products or services. Technical data, specifications and performance specifications in all previous, current and future documents (hardcopy or online) are solely for the purposes of the specifications, are subject to change and can be changed at any time without any claims from you.

        25.   Failure to meet expectations

There is a risk that the expectations of the market in general, of third parties or of yourself regarding AC products and services will not be fulfilled and/or there is only insufficient interest in AC's products and services. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith.

        26.   Imitation

There is a risk that legal entities or natural persons who are not related to AC may imitate their products and services. This can have a negative impact on AC's products and services and even lead to the cessation of AC's business activities. You acknowledge this risk and release AC from any direct and indirect liability and responsibility associated therewith. 

        27.   Place of performance

The obligations arising from the relationships between AC and you must be fulfilled by both parties at AC's headquarters. 

        28.   Use of vicarious agents

AC is entitled to render its services through assistants, vicarious agents, subcontractors, etc. 

        29.   Transfer

AC is entitled to transfer all or part of its rights and obligations arising from its relations to affiliated companies.

If you wish to transfer your rights and obligations from the relationships with AC to other legal or natural persons, you must obtain prior written consent from AC.

        30.   Termination of the business relationship

For the cancellation of puttable products and services from AC, the respective special termination provisions apply, which are listed on the AC websites and in the special descriptions of the products and services.

In addition, you have the right at any time to terminate your business relationship with AC in writing or by email and to have your accounts deleted. In such a case, you can no longer use all of AC's products and services and your tokens, AIC’s and other cryptocurrencies expire without further compensation.  AC is further entitled to store, process and use your data for the statutory and contractual obligations of AC.

        31.   Violation of the Terms and Conditions and termination of business relations

If you violate the provisions of these terms and conditions or any other legal or moral obligations and wherever it specifically provides for these terms and conditions, AC is entitled immediately and without prior notice to block your accounts, usage profiles, etc., and/or terminate the business relationship with you and/or block your access to the blockchain.

In such a case, you can no longer use all of AC's products and services and your tokens, AIC’s and other cryptocurrencies expire without compensation. AC is further entitled to store, process and use your data for the statutory and contractual obligations of AC.

Finally, you are obliged to compensate AC for the damage resulting from the infringement.

        32.   Termination of AC's business activities

AC reserves the right to discontinue business activities and all products and services with a notice of thirty (30) days. In such a case the source code of AC's blockchain is released and all participants in the mining payment traffic can continue to use their AIC’s independently of AC. This ensures that payment transactions with MLM members mines continue to function even if AC no longer exists.

        33.   Liability, warranty and indemnity

You use AC's products and services at your own risk and responsibility. AC excludes contractual as well as non-contractual liability and responsibility for all damage as far as legally permissible, which you suffer as a result of your interaction with AC and/or its organs, employees, consultants, agents and other exponents and/or through the products and services. Thus claims for damages of any kind are excluded both against AC and against the named persons.

You agree to indemnify, defend and indemnify AC and its organs, employees, consultants, agents and other exponents against any claim, liability, obligation to pay damages or all costs of third parties (including legal fees) resulting from your use of AC products and services. AC reserves the right to participate in the judicial and administrative proceedings at its own expense.

        34.   Force majeure

AC is not liable for events of force majeure, which make the performance of AC products and services considerably more difficult or temporarily or permanently obstruct impossible, or make the services and products impossible. Force majeure includes all circumstances beyond the will and influence of the parties, such as natural disasters, government action, authority decisions, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor disputes, seizure, embargo or other circumstances.

        35.   Language

English is the relevant language in the legal relationship between AC and you. If contractual documents, including these Terms and Conditions, are written in several languages, the English version shall prevail in case of doubt.

        36.   Severability clause

Should individual provisions of these Terms and Conditions be ineffective or unenforceable, or subsequently become ineffective or unenforceable, this shall not affect the validity of the remaining terms and conditions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that approximates as closely as possible the objective sought by the contractual parties through the invalid or unenforceable provision. This regulation also applies mutatis mutandis to any gaps in the terms and conditions. 

        37.   Applicable law

All legal relationships between the AC and you are subject exclusively to Swiss law to the exclusion of international private law and the CISG (UN Sales Convention). 

        38.   Place of jurisdiction

Should a legal dispute arise between you and AC, we recommend that you contact AC first so that a friendly solution can be found.

All disputes or disagreements in connection with your relationship with AC shall be settled by arbitration in accordance with the International Swiss Arbitration Rules of the Swiss Chambers' Arbitration Institution. The version of the Rules of Arbitration in effect at the time of serving the notice of initiation shall apply. The arbitral tribunal shall consist of one member. The seat of arbitration shall be in Zurich. The language of the arbitration court is German, and evidence documents in English can be submitted without translation. 

        39.   Contact/Address

Unless expressly stated otherwise, all declarations of intent and notifications must be sent to AC in writing by email to [email protected].  

 

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Aladin Capital AG