By participating in the IAGON AS’ (“IAGON”) Pre-sale and/or Token Generating Event (the “TGE”) Crowdsale (the Pre-sale and the TGE together referred to as the “Crowdsale”), as defned in the IAGON whitepaper (the “Whitepaper”), or making use of any information in the Whitepaper or in IAGON’s business plan or available on the iagon.com website, you agree to the statements provided in this disclaimer (the “Disclaimer”). You further understand and accept that the information provided in the Whitepaper and on the website are of descriptive nature only, and does not provide any legal rights to the user unless explicitly stated.
GENERAL WARNING – By using the services provided by IAGON, you as either a Crowdsale participant or
User of IAGON’s alpha products or services (the “User”), fully understands and agrees with the following:
- IAGON AS is a Norwegian incorporated entity, being subject to Norwegian laws and regulations. The TGE is being performed from Norway under Norwegian rules and IAGON does not intend or issue any tokens in any other jurisdiction. The User understands and accepts to be subject to the laws and regulations in the jurisdiction in which the User is domiciled and that IAGON accepts no responsibilities for the legal status of the User as a Crowdsale participant or otherwise being linked to IAGON (e.g. as token holder after the TGE). The User should obtain local legal advice to clarify the legal status of the User in its own jurisdiction before participating in the Crowdsale.
- By transferring Ether (ETH) to the Smart Contract System and the Smart Contract System creating IAGON tokens (“IAG tokens”), the User understands and accepts that the User makes a contribution into a Smart Contract System for the development of the IAGON platform, as described in the Whitepaper. The User understands and acknowledges that IAG tokens will be provided by the Pre-sale and/or TGE smart contract in the order that transactions are received by it and no alteration of this can be made by any party. However, the User understands and accepts that smart contract technology is still in an early development stage and its application of experimental nature, which carries signifcant operational, technological, fnancial, regulatory and reputational risks.
- User understands and accepts that IAGON AS, including its shareholders, directors, management, employees and any other person afliated with IAGON, carries no liability for the ability to take part in the Crowdfunding for reasons beyond the control of IAGON including but not limited to the Pre-sale and/or TGE duration, transaction mining delays and node-related issues.
- Pending a successful Crowdfunding, the IAGON team members will be focused on completing the company start-up and delivering on milestones according to the Whitepaper. Furthermore, the User understand and accepts that while IAGON will make reasonable efforts to develop and complete the IAGON platform, as described in the Whitepaper, it is possible that such development may fail and that User’s IAG token may become useless and/or lose its value due to reasons of technical, commercial or regulatory nature or any other reason, within or outside IAGON’s control.
- The User is also aware of the risk that even if all or parts of IAGON’s platform is successfully developed
and released in full or in parts, that the IAGON platform could be fully or partially closed, remain commercially unsuccessful or shut down due to lack of public interest or for any other reason. IAGON has the right to engage subcontractors to perform the entire or partial development and execution of the IAGON platform. The scope and extent of the development of the IAGON platform will be determined by the amount of contribution received during the Crowdsale, as set forth in the Whitepaper
- The User understands and accepts that IAGON undertakes no obligations to act on behalf and in the
interests of the User in any Pre-sale and/or TGE being held in the future.
- By transferring ETH through the IAGON Crowfunding address under the smart contract system of the Ethereum blockchain protocol (address TBD (to be decided)) (the “Smart Contract System”), the User expressly agrees to all of the terms and conditions set forth in the Smart Contract System code existing on the Ethereum blockchain and in this Disclaimer. The User further confrms to have carefully reviewed the Smart Contract System code, its functions and this Disclaimer, and hereby confrm to fully understand the risks and costs of creating the IAG token and contributing into a Smart Contract System for the development of the IAGON platform.
- The User understands and accepts that by transferring ETH or other assets to IAGON as part of the Crowdsale through the Smart Contract System, the User makes such decision upon his/hers own discretionary consideration and has no right of refund of the transferred amount, unless explicitly provided by the Pre-sale and/or TGE smart contract code itself as stipulated in the Whitepaper (that being, a 100% refund when capital raised during the Crowdfunding is under the minimum cap after the Pre-sale and/or TGE period has expired). The User therefore understands and accepts that the transfer of ETH through the Smart Contract System thereby creating IAG token, carry signifcant fnancial, regulatory and/or reputational risks (including the complete loss of value of created tokens, if any, and attributed features of the IAGON platform).
TAX WARNING – The User understands and accepts that IAGON does not act as a tax agent of User. The
User bears the sole responsibility to determine its tax responsibility of the contribution into the Smart
Contract System to create and obtain IAG token(s), and to determine whether the ownership, usage, the
potential value appreciation or depreciation, or any gain or loss by the purchase or sale of the IAG token,
have tax implications for such User. More specifically, the User fully understands and agrees to the
- The User and IAGON carry their own tax obligations solely under the applicable laws of the jurisdiction they reside in.
- If Value Added Tax (VAT) obligations or other indirect taxes will apply as a result of trade of products/ services provided by Iagon or by third parties, we reserve the right to adjust the product/service price by adding a VAT/ indirect tax as applicable for each respective country (e.g. 25% for Norway and as applicable in other jurisdictions) which are sold from the time the VAT / indirect tax obligations comes into place. We will spend time and resources with qualifed personnel to structure the Iagon platform optimally within legal frames to ensure transactions fow as efcient as possible.
- The User understand and accepts that IAGON may have to disclose information on the User, including but not limited to the value of any IAG tokens held, if explicitly requested by any government authorities in accordance with any applicable jurisdiction.
- By creating, holding or using the IAG token, and to the extent permitted by law, the User agrees not to hold IAGON or any associated third party, including developers, auditors, contractors or shareholders, liable for any tax liability associated with or arising from the creation, ownership or use of IAG token or any other action or transaction related to the IAGON platform.
NO WARRANTIES – All information provided within the Whitepaper and within IAGON’s business plan is provided “AS-IS” and with no warranties whatsoever on the IAG token, the Smart Contract System and/or the success of the IAGON platform, including the accuracy, completeness or the use of any information provided therein, to the extent permitted by any applicable law. This includes, but is not limited to, express or implied warranties of title, merchantability or ftness for a particular purpose, are made with respect to the information, or any use of the information, on this site or platform.
DISCLAIMER OF LIABILITY – The User acknowledges and agrees, to the extent permitted by any applicable law, that the User will not hold IAGON or any associated parties, including but not limited to any group entity, management, developers, contractors or shareholders, liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use the IAG token, the Smart Contract System or the IAGON platform, under any cause or action whatsoever of any kind in any jurisdiction. IAGON specifically, without limitations, disclaims liability for any loss or damages, including incidental or consequential damages, and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use, misuse or reliance of any of the information or content in the Whitepaper or in IAGON’s business plan or on the www.iagon.com website.
Under no circumstances shall IAGON, or any associated parties as stated above, be liable to the User for any special, indirect, incidental, consequential, exemplary or punitive damages (including lost or anticipated revenues or profts and failure to realise expected savings arising from any claim relating to the services provided by IAGON) whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise or likelihood of the same.
The User further specifically acknowledges that IAGON, or any associated parties as stated above, are not liable, and the User agrees to not hold them liable, for the conduct of any third parties, including other creators of IAG token(s), and that the risk of creating, holding and using IAG token(s) rests entirely with the User.
USE AT YOUR OWN RISK – By ustilising the Crowdsale Smart Contract System for IAGON, the IAGON platform or the www.iagon.com website, including but not limited to, the transferring of any assets to IAGON AS, the User undertakes and understands all possible risks that directly or indirectly arise from the
activity connected with the User’s participation in the Crowdsale and/or use of IAGON’s services and products.
FORCE-MAJEURE – User understands that IAGON will not be liable to User for any breach hereunder,
including for failure to deliver or delays in delivery of the Services occasioned by causes beyond the control of IAGON including but not limited to unavailability of materials, strikes, labour slowdowns and stoppages, labour shortages, lockouts, fres, foods, earthquakes, storms, droughts, adverse weather, riots, thefts, accidents, embargoes, war (whether or not declared) or other outbreak of hostilities, civil strife, acts of governments, acts of God, governmental acts or regulations, orders or injunctions, or other reasons, whether similar or dissimilar to the foregoing (each a “Force Majeure Event”).
MISCELLANEOUS / FINAL WARNING – Pre-sale and/or TGE participations can be considered high-risk
trading; utilising IAG tokens via the Crowdsale or utilising services offered in the Whitepaper, through the Smart Contract System, the IAGON platform and on the www.iagon.com website, may result in signifcant losses or even in a total loss of all value submitted and obtained.
- This Disclaimer, the IAGON Whitepaper, the IAGON website and platform or any related documents or
site do not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain
in any way to an offering of securities in any jurisdiction.
- The User guarantees that he is a legally capable person of a sufcient age, and that the User complies
with all legal rules and applicable laws of the jurisdiction where the User lives when transferring ETH to
the Smart Contract System to create IAG token. The User further confrms to be legally permitted to
hold and use the IAG token in the jurisdiction where the User is domiciled, and accepts to hold IAGON
harmless should the User not be compliant to any such laws and regulations.
- IAG tokens are only functional utility tokens and its ownership carries no other rights other than being
intended to be applied on IAGON’s platform, if successfully completed and deployed as stipulated in the
Whitepaper. In particular, the User understands and accepts that the IAG token do not represent or
constitute any ownership right or stake, share or security or equivalent rights or any right to receive
future revenues, IP rights or any other form of participation in or relating to the IAGON platform, other
than enabling access for token holders and Users to IAGON’s platform. IAGON tokens and IAGON’s
platform are not for speculative investment. No promises regarding value or future performance are
made regarding IAGON tokens. No promises regarding any particular value of IAGON tokens are made.
No other rights associated with holding IAGON tokens are given. Proceeds of the IAGON token
Crowdsale may be spent as the company sees appropriate, which may change as deemed necessary in
the maturation and advancement of the IAGON token and IAGON’s platform.
- IAGON’s team is investing heavily in the safety and security of the services that IAGON provides.
However, we cannot protect against all possible sources of error and malicious deeds initiated by any
party. Therefore all risks assumed by using IAGON’s platform in any capacity, transferring, receiving and
accumulating IAG tokens are solely assumed and accepted by the User.
- IAG tokens are meant to be held and used by those well experienced and knowledgeable in
cryptographic tokens, their acquisition, transfer, and use only for accessing the services offered on
IAGON’s platform. By transferring ETH through the Smart Contract System for the creation of the IAG
token, the User represents and warrants that it has deep understanding of the functionality, usage,
storage and transmission mechanism associated with cryptographic tokens and blockchain-based
- The User further represents and warrants to have knowledge of the token creation process and that
the User will have its own account on the Ethereum network, with a private key associated to this
address and password. The password is used to encrypt the User’s private key. Following the creation
of the IAG token by the Smart Contract System, the IAG token will be transferred to the User's address
by the Smart Contract System. The User understands that the User must keep his password and
private key safe and that the User will not be able to generate a new password or recover his private key
should this private key and/or password be lost or stolen. The User understands that if such private
keys and/or password is lost, the IAG tokens associated with the User's account will be unrecoverable
and will be permanently lost. In such instance, IAGON or any other no person or entity will not be able to
help the User retrieve or reconstruct the lost password and/or private keys, and the User will not be
able to access any lost IAG tokens
- The User understands and accepts that the IAGON platform will be run on a blockchain through a
network of miners which will ultimately be in control of the Smart Contract System. The User
understands that a majority of these miners could agree at any point to make changes to the ofcial
Smart Contract System and to run a new version of the Smart Contract System, which could lead to the
IAG token losing its intrinsic value.
- By transferring ETH to the Smart Contract System and/or receiving IAG token, no form of partnership,
joint venture or any similar relationship between the Users and/or other individuals or entities involved
with the deployment of the Smart Contract System and the setting up of the IAGON platform is created.
- The User understands and accepts that no market liquidity may be guaranteed with regard to the IAG
token and that its value may experience extreme volatility over time, including depreciation in full.
- Should the User be a consumer and should any applicable consumer legislation or cancellation rights
apply to such User in relation to the creation and obtainment of the IAG token, the User waives any such
consumer and cancellation rights, unless otherwise prescribed by mandatory law. The User further
acknowledges and accepts that any applicable cancellation rights are waived and lost when the User
transfer ETH through the Smart Contract System and thereby creates and obtains IAG token(s), unless
otherwise prescribed by mandatory law.
- The User understands and accepts that the blockchain technology allows new forms of interaction and
that it is possible that certain jurisdictions will apply existing regulations on, or introduce new
regulations addressing, blockchain technology based applications, which may be contrary to the current
setup of the Smart Contract System and which may, inter alia, result in substantial modifcations of the
Smart Contract System and/or the IAGON platform, including its termination and the loss of IAG token
for the User.
- By participating in the Crowdsale by either the Pre-sale and/or TGE, the User confrms that he has read,
understood and agree to comply with all restrictions set forth above. The User further confrms to not
obtain the IAG token for any illegal purposes and that the ETH transferred through the Smart Contract
System has not been obtained by any illegal means, including but not limited through money laundering
or corruption of any sort or any other illegal means in the jurisdiction in which the User resides.
- The User acknowledges and agrees that if any part of this Disclaimer or the Whitepaper is found illegal
or unenforceable, in whole or in part, such provision shall be ineffective solely to the extent of the
invalidity or unenforceability under the laws of the applicable jurisdiction without affecting the validity
or enforceability thereof in any other manner, and without affecting the remaining provisions of this
Disclaimer or the Whitepaper, which shall continue to be in full force and effect.
- This Disclaimer is governed by Norwegian law and any claims brought forward against IAGON arising out
of or in connection with the creation of IAG token and the development and execution of the IAGON
platform, shall be resolved and finally settled by the ordinary courts of Norway. IAGON and its team will
in any case abide within the laws set forth in each of its operational country(ies), and each operational
unit shall be subject to its local laws and jurisdiction for the explicit operation such unit provides.
- IAGON’s Whitepaper, its business plan, its website and this Disclaimer, may be subject to changes by
IAGON’s discretion, either before, during or after the Crowdsale.
This Disclaimer is valid as of 2 April 2018, as amended from time to time.