General Terms of Use of the Dwinity Dashboard (“General Terms of Use”)

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“, “Customer“), and Dwinity, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Scope of application of these General Terms of Use

Dwinity Media GmbH (“we” or “us“) operates a platform at the URL https://invest.dwinity.com and similar addresses on which customers can register (“Dashboard“).

2. Our services

2.1 Users log in via the private link in our dashboard. They create a user name, a password and a personal profile containing personal data and the address of their personal e-wallet.

2.2 We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

2.5 We only provide our dashboard in the current version. Users have no claim to the maintenance or creation of a certain status or a certain scope of services.

2.6 We assume no responsibility and give no guarantee or other assurance for a specific availability of our dashboard, its quality, suitability, completeness or the accuracy of information on it. Claims against us in connection with loss of use, malfunctions, maintenance windows, etc. are excluded.

3. Registration as a user

3.1 Use of the Dashboard requires registration as a user and the creation of an account, which is free of charge.

3.2 Registration as a user of the Dashboard is excluded for minors – this means persons under the age of 18 (hereinafter “minor“).

3.3 The data requested by us during registration must be provided completely and correctly and must be kept up to date. We may, at our own discretion, verify the accuracy of the data provided during registration, while a complete verification of the identities of the registered users is not the purpose and claim of the Dashboard. Despite our security precautions, it is therefore possible that incorrect contact details may have been entered during registration or that these are no longer up to date. The users themselves are responsible for the accuracy of the data provided.

3.4 A user may only register for one account. Registration for multiple accounts or for other users is expressly prohibited. A user may only create an account for him/herself. These regulations represent an essential obligation of the user.

4. The user relationship

4.1 Users may use our dashboard to its full extent. Dwinity reserves the right to introduce usage fees, license fees.

4.2 The contract for the use of the Dashboard, including these General Terms of Use, is concluded for an unlimited period of time and can be terminated from both sides within 4 weeks prior notice.

5. Obligations of the user

5.1 The account and the user relationship are restricted to natural persons acting for their own purposes, are of a highly personal nature and are not transferable to other persons. The user’s corresponding Avalanche C-Chain Wallet address must also be provided upon registration. In the event of a breach of this clause, we have an immediate, extraordinary right of termination and the user may be excluded from using the dashboard with us.

5.2 Furthermore, the following rules against misuse apply to the user in connection with his use of our dashboard:

The user will not disseminate any defamatory, offensive, pornographic obscene, politically radical or otherwise unlawful material or information via our dashboard;
The user will not use our dashboard to threaten or harass other users or to violate the rights (including personal rights) of third parties;
The user will not upload any data via our dashboard that contains viruses (infected software), influences, impairs or damages our systems in any other way or is capable of doing so;
The user will not upload any material via our dashboard that is protected by copyright unless the user has the rights to it or the necessary releases;
The user will not use our dashboard in a way that adversely affects the availability of the offers for other users;
The user will not take or attempt to take any action to change, delete, extract, analyze or modify the contents of the dashboard. This includes in particular any attempts to decrypt and influence the source code of the dashboard;
The user shall not disclose login information and personal passwords to third parties or share them with third parties;
The user will not use the dashboard in a form that violates applicable laws.
The User acknowledges that a violation of one or more of the above rules may result in immediate termination of the agreement to use the Dashboard and exclusion from current and future purchases, as well as civil and criminal penalties for the User. We will assign designated persons to monitor compliance with these General Terms of Use and applicable rules and regulations (“Admin”). Admins have the right to independently impose any sanctions specified in the rules and/or these General Terms of Use on our behalf in the event of a corresponding violation and will report all violations to us.

6. Termination of the contract of use

6.1 The contract for the use of the dashboard can be terminated at any time in text form. The user can view our contact information under “Contact” on our website.

6.2 The right to extraordinary termination of the contract for the use of the dashboard always remains unaffected for both parties. An important reason that entitles us to extraordinary termination exists in particular if the user violates provisions of these General Terms of Use and/or the rules and regulations.

7. Granting of rights

7.1 The user grants us a right to use the content posted by him/her during the use of the dashboard for the purposes of operating our dashboard, which is not limited in terms of territory, time or content. This granting of rights expressly does not include the right to advertise our dashboard or services.

7.2 The user warrants that the content posted by him/her upon registration on the dashboard and its use within the scope of the aforementioned granting of rights does not infringe any copyrights or other rights of third parties or any other right. In this respect, the user assures that he/she will not post any photographs or other works within the scope of using the dashboard without being entitled to do so in accordance with the relevant copyright regulations.

8. Indemnification

The user shall indemnify us against all claims, disputes, demands, liabilities, damages, losses, costs and expenses arising out of or in connection with claims that (i) the user breaches the obligations incumbent upon him/her under these General Terms and Conditions of Use, in particular obligations under Section 6, or that (ii) content that the user provides or uploads with or to our dashboard infringes the rights of third parties and that this is based in each case at least on negligence on the part of the user.

9. Rights notice

We are the sole owner of all rights, or, where third-party rights are involved, have acquired corresponding licenses, to the software on which our dashboard is based and to the underlying system, including in particular copyrights, trademark rights, trade secrets, intellectual property and all other rights. If the dashboard contains third-party content, such as logos, graphics, brands or photos from third parties, the respective rights of use are held by the third party in question and have been licensed by us.

10. Data protection

Our data protection information applies to the operation of the dashboard, which the user can access via our website.

11. Liability

11.1 Claims by the user for damages arising from or in connection with the use of the Dashboard are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us or our respective legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract for the use of the Dashboard.

11.2 In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, limb or health.

11.3 The restrictions of clauses 11.1 and 11.2 also apply in favor of our legal representatives, employees and vicarious agents if claims are asserted directly against them.

11.4 The limitations of liability resulting from clauses 11.1 and 11.2 shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we and the user have reached an agreement on the quality of the item. The provisions of the Product Liability Act also remain unaffected by this.

12. Changes to the General Terms of Use or the services

12.1 We are entitled to amend these General Terms of Use with effect for the future. We will inform the user of this in good time before the changes come into force via the contact options provided by the user.

12.2 If the user does not object within the period specified in this notification, or if the user continues to use our dashboard after the date of entry into force of the changes specified in the notification, this shall be deemed to constitute consent to the changes. We will specifically draw the user’s attention to this consequence in the notification.

13. Final provisions, online dispute resolution

13.1 The European Commission provides a platform for online dispute resolution (ODR). This platform can be accessed via the external link https://www.ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13.2 Subject to the rules and regulations and the General Terms of Use of the Dashboard, no ancillary agreements have been made. Should a provision of these General Terms of Use be or become invalid, the remaining part of the General Terms of Use shall remain valid. In all other respects, the relevant statutory provisions shall apply in place of the invalid provision.

13.3 All claims, rights and obligations arising from or in connection with the use of the Dashboard and these General Terms of Use shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer and has his habitual residence in another country at the time of conclusion of the contract of use, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1. As far as permissible, all legal disputes relating to the user relationship shall be settled before the competent courts in München, Germany.

14. Airdrops and staking, distribution of DWIN to participants

14.1 Sponsor: The Sponsor of Dwinity Marketing Airdrops or Staking is Dwinity Media GmbH

14.2 Eligibility: Dwinity Marketing Airdrop is only open to those who sign up in the Dwinity Dashboard. Residents of Belarus, Iraq, Iran, Lebanon, Liberia, Libyan Arab Jamahiriya, Russian Federation, Sudan, Somalia, South Sudan, and Syrian Arab Republic are not eligible to participate. Employees, independent contractors, interns, officers, directors, and agents of Dwinity (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate. The offer is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

14.3 Agreement to Rules: By entering the Dwinity dashboard, the contestant (“You”) agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor’s decisions as final and binding as it relates to the content of this campaign.

14.4 How to Enter: The entry must fulfil all requirements of the offer, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be disqualified at the sole discretion of the Sponsor.

14.5 Prizes: The winner(s) will receive DWIN tokens for actively contributing to the Dwinity ecosystem. Be it be data contribution, test feedback or similar.

14.6 Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

14.7 Odds of Winning: The odds of winning depend on the number of eligible entries received.

14.8 Winner Selection and Notification: The Winner will be notified following each draw. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 4 weeks from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.

14.9 Rights Granted by the Entrant: By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Dwinity from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Dwinity may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

14.10 Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the offer should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the offer may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.

14.11 Limitation of Liability: You agree to release and hold harmless Dwinity and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Sweepstakes; (iii) electronic or human error in the administration of the Sweepstakes or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.

14.12 Disputes: This offer is governed by the laws of Germany, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Germany having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the offer). You further waives all rights to have damages multiplied or increased.

14.13 Further Promotion: The Sponsor reserves the right to send further promotional material (newsletter) about Dwinity to all participants via e-mail.

14.14 Acceptance of Rules: By participating in the offer, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.

14.15 Legal nature of the gift: The allocation of tokens to the participants of the “Airdrop” is a donation of tokens to consumers who register early on the waiting list for Dwinity products and services and publicly support the project voluntarily and out of their own interest (e.g. through followership in social media). No consideration is owed to the participants for the donation, but participants must of course register to participate. At no time do participants have a legal claim to the allocation of tokens or to the allocation of a specific number of tokens. Legal recourse is excluded in this respect.

14.16 Further promotions: Dwinity reserves the right to give additional tokens to particularly active supporters of the project. The corresponding points system can be viewed on the participation website.

14.17 Risk management: Dwinity reserves the right to take all measures to prevent so-called “promo abuse”. This means, for example, that double registrations, machine-generated actions (“bots”) etc. can be excluded from participation and the gift promise.

14.18 Disclaimer: Token allocation: Tokens can be allocated according to the participant’s level of activity.

14.19 General disclaimer: The legal nature and technical specification of the DWIN tokens and the associated risks are described in the whitepaper and have been acknowledged by the participant. If you hold tokens, these cannot necessarily be sold or exchanged. There is no guarantee that the benefits of the DWIN tokens or the project described in this whitepaper will actually materialize.

14.20 Possible risks and fraud: There are fraudsters and fraudulent schemes in the airdrop sector. It could turn out that the distribution is fake. It is also possible that the airdrop organizers are trying to deceive the campaign participants. Here are some points to watch out for:

Dwinity will never ask or solicit you for crypto wallet access codes.
Dwinity will never ask you for access to personal accounts on any platform. Fraudsters could use this access to steal money and information.
Dwinity will never ask you to download software. Fraudulent programs can steal data, cryptocurrencies and access keys to platforms.

14.21 Privacy: Dwinity will collect following data from the participant: name, email and wallet address. The data will be shared with Dwinity for marketing purposes and the allocation of potential DWIN token.

Dwinity Media GmbH – August 2024