Terms and Condition

The Finpeers Token

1. The FPT is a utility token.
2. The FPT will cost $0.1 
3. Through the purchase of the FPT, the User acquire the right to access the Platform and to use the services available on the Platform.
4. At the day of the release of the FPT, it has the legal qualification of a utility token pursuant to Swiss Law and is therefore not qualified as an Asset Token pursuant to the Guidelines (the "Guidelines") issued on February 16, 2018 by Swiss Financial Market Supervisory Authority ("FINMA").
5. The FPT does not have a performance or a particular value outside the Platform. The FPT shall therefore not be purchased or used for speculative or investment purpose.

Voluntary Know-your customer (KYC)

1. The Company is, as of the date of the Token Sale, not a financial intermediary according to Swiss Law and is not required to obtain any authorization for Anti-Money Laundering purposes. Notwithstanding the aforesaid, the purchase of the FPT is conditional upon the positive conclusion of an AML/KYC identification process and the User shall provide to the Company all requested documents and information necessary or useful to the Company to complete the AML/KYC process.
2. The User accepts that it will not be entitled to purchase the FPT in the event that the Company considers that the User does not satisfy the AML requirements set by the Company.
3. The Company has voluntarily decided to join the SO-FIT SRO. SO-FIT is a self-regulatory organisation authorised by the Swiss Financial Market Supervisory Authority (FINMA) for the supervision of the financial intermediaries referred to in Article 2 para. 3 of the Swiss Federal Act on Combating Money Laundering and the Financing of Terrorism in the Financial Sector (AMLA).

Risks

1. Acquiring and storing the FPT involves various risks, in particular (but not limited to) the risk that the Company may not be able to provide all the envisaged services and/or operations on its Platform, to further develop or exploit its blockchain and/or to provide the services to which the FPT relates or is forced (in particular due to changes in the legal environment and/or issuance of new laws or regulations and/or new leading interpretation of current legal framework and/or case law, which might also have a retroactive effect) to stop its operations or change its business model. Therefore, and prior to acquiring the FPT, any User should carefully consider the risks, costs, and benefits of acquiring the FPT within the Token Sale, and, if necessary, obtain independent advice in this regard.
2. Any interested person who is not in the position to accept nor to understand the risks associated with the activity (incl. the risks related to the incomplete development of Finpeers Platform and/or of its operations) or any other risks as indicated herein and/or in the White Paper, should not acquire FPT.

No Investment Invitation

1. The FPT is not qualified as a security, therefore this T&C shall not and cannot be considered as a prospectus or as an invitation to enter into an investment. The T&C do not constitute or relate in any way nor should they be considered or interpreted as an offering of securities in any jurisdiction. 
2. The T&C do not include or contain any information or indication that might be considered or interpreted as a recommendation or that might be used to base any investment decision. 
3. The T&C do not constitute an offer or an invitation to purchase shares, bonds, securities or rights belonging to the Company or any related or associated company (the "Company’s Group"). The FPT is not intended to be used as an investment.
4. All information contained on the Platform shall not and cannot be considered as a prospectus or as an invitation to enter into an investment. The T&C do not constitute or relate in any way nor should they be considered or interpreted as an offering of securities in any jurisdiction.
5. All information on the Platform is merely general information on the financial world and aimed at financial education.

No Security

1. The sale of the FPT is final: the FPT is non-refundable and not redeemable.
2. The FPT are not convertible in shares or certificates of the Company or Company's Group and do not grant any right to receive any such share or certificate.
3. The FPT do not confer any direct or indirect right to Company's or Company's Group capital or income and, in particular, do not grant any right to dividends or interests or to any other share or participation to the Company or Company's Group revenue or earnings.
4. The FPT is not proof of ownership of any assets belonging to the Company or to the Company's Group or of a right of control over the Company or the Company's Group and does not grant to the owner any right to assets of Company or the Company's Group. 
5. The FPT are not shares or participation certificates and do not give any right to participate to, or vote in, the general meeting of the Company or the Company's Group or to influence in any way the respective corporate governance or the decisions of the corporate bodies of the Company or the Company's Group.
6. Subject to Sections 27, 28 and 29 below, based on the above, at the date of the Token Sale, the Company considers that the FPT does not have the legal qualification of a security pursuant to Swiss Law and does therefore not qualify as an "Asset Token" in Switzerland as interpreted by FINMA in the Guidelines.
7. Pursuant to the Guidelines and current practice, the FPT is a utility token which can gives access to the Platform and is not intended to be used as an investment.
8. The offering of the FPT on a trading platform is done to allow additional users to use and/or to access to the Platform and not for speculative purposes and does not change the legal qualification of the token as a utility token.

Changes in the Legal Environment

1. By purchasing the FPT, the User acknowledges and accepts that the Token Sale and the purchase of the FPT is taking place within a legal environment that is still under development. Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the world. 
2. The User understands and accepts that regulatory measures, investigations or actions may impact the Company's business and even limit or prevent it from performing or developing its operations.
3. By purchasing the FPT the User confirms that he/she/it is aware that the Company's business model and the T&C may change because of new legal, regulatory and compliance requirements from any applicable laws in any jurisdictions, even with retroactive effect. In such a case, Users acquiring the FPT acknowledge and accept that neither the Company nor any of its affiliates shall be held liable for any direct or indirect loss or damage caused by such changes.

No Offer – No Investment Advise – No Representations and Warranties

1. The T&C shall not be construed as an offer, personal recommendation or solicitation to conclude a transaction and should not be treated as giving investment advice.
2. The Company is not to be considered as an advisor in any legal, tax or financial matters. Any information in the T&C and/or in the White Paper is given for general information purpose only and the Company does not provide any representation and/or warranty as to the accuracy and completeness of the information included in the T&C and/or in the White Paper.
3. Given the lack of qualification of the crypto-token in most countries, the User is strongly advised to carry out a legal and tax analysis concerning the purchase and ownership of the FPT according to his/her/its nationality and place of residence.

Important Information and Disclaimer

1. By participating in the Token Sale and/or by receiving FPT, no form of partnership, joint venture or any similar relationship between User and the Company and/or other individuals or entities involved with the deployment of the Platform is established/ or created.
2. The User understands and accepts that for the purpose of the development and execution of the business of the Company, the Company receives the full amount of amount raised in the Token Sale. The ICO Proceeds may be used to cover expenses, charges and other costs that may arise by the Company and/or its subcontractors as part of the development and execution of the Platform. It remains at Finpeers 's sole discretion to decide how to allocate the funds.
3. The Company will do its utmost to launch all of its operations and to further develop the Platform and/or provide the services described in the T&C and/or in the White Paper. By purchasing the FPT the User confirms to be aware that the Company does not provide any guarantee whatsoever about the actual performance of the operations and/or the further development of the Platform and the provisions of Finpeers's services on the Platform. 
4. The FPT will be issued by a technical process that uses the «Blockchain» technology. This is an open-source IT protocol over which the Company has no rights or liability in terms of its development and operation. By purchasing the FPT, the User acknowledges and understands therefore that the Company (incl. its bodies and employees) assumes no liability or responsibility for any loss or damage that would result from or relate to the incapacity to use the FPT, the Platform and/or the services available on the Platform, excepted in case of intentional misconduct or gross negligence.
5. The FPT is based on the ERC-3643 protocol. Any malfunction, unplanned function or unexpected operation of the ERC-3643 protocol may cause the FPT network to malfunction or operate in a way that is not expected. The Company assumes no liability or responsibility in this respect except in case of intentional misconduct or gross negligence directly attributable to the Company. 
6. The Company assumes no liability or responsibility whatsoever for any loss of the FPT or situations making it impossible to access the FPT, which may result from any actions or omissions of the User, as well as in case of hacker attacks.

User Representation and Warranties

1. By participating in the Token Sale and by purchasing the FPT, the User confirms that he/she/it:

• Has read and understood the T&C and accepts to be legally bound by their terms;

• Has sufficient knowledge about the nature of the cryptographic tokens and has significant experience with, and functional understanding of, the usage and intricacies of dealing with cryptographic tokens, cryptocurrencies and blockchain-based systems and services;

• is familiar with all related regulations, in particular (but not limited to) in the specific jurisdiction in which the User is based, and has received competent advice that purchasing cryptographic tokens is not prohibited, restricted or subject to additional conditions of any kind,

• is entitled to purchase the FPT in the Token Sale without requiring any local authorization and is in compliance with the local, state, and national laws and regulations when purchasing;

• authorized and has full power to purchase the FPT;

• will not use the Token Sale for any illegal activity, including, but not limited to, for money laundering and/or financing of terrorism;

• is acquiring the FPT exclusively in order to be able use the Platform and/or the services available on the Platform; 

• he/she/it acknowledges and accepts that the value of the FPT (if any) over time may experience extreme volatility or depreciate in full; and

• is not purchasing the FPT for the purpose of speculative investment or usage.

Intellectual Property Rights

1. To the extent that copyright trademark or any other intellectual property rights, such as software, know-how, analysis or programs, existing and future copyrights and other intellectual and industrial rights (hereinafter "IP Rights'), exist in the FPT, in the Platform and/or in the services available on the Platform, they belong solely to the Company and/or its affiliated companies and User as buyer and user of the FPT and as user of the Platform and/or in the services available on the Platform does not and will not have any related rights in such IP Rights.

Severability

1. If any of the provisions of the T&C is deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.

Applicable Law and Jurisdiction

1. These T&C, the purchase of the FPT and the use of the Platform shall be governed by and construed in accordance with the substantive laws of Switzerland without regard to the conflicts of law rules and without regard to the rules of the Vienna Convention on the International Sale of Goods dated 11 April 1980.
2. Any dispute, controversy or claim arising out of or in connection with the T&C, the White Paper, the purchase of the FPT and/or the use of the Platform, shall be finally settled in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be 3 (three), the arbitrators to be appointed in accordance with the said Rules. The seat of the arbitration shall be Lugano, Switzerland. The language of the arbitration shall be English.