TERMS OF USE

Last updated on 10/03/2020

1. Acceptance of Terms

ECCU Protocol is an experimental smart contract-based Open Source Software on the Waves Blockchain developed and run by Kointo SAS. ECCU permits, among other things, the generation of ECCUs. ECCU is a cryptocurrency intended to maintain low volatility of other cryptocurrency and cryptographic tokens. ECCU is available at Kointo.com, other subdomains of Kointo.com and via other exchange tools. ECCU is an experimental prototype and its use involves a high degree of risk. There are numerous ways ECCUs could fail in an unexpected way, resulting in the total and absolute loss of funds or other damages. Please read these Terms of Use carefully before using ECCUs . By using or otherwise accessing ECCU, or clicking to accept or agree to these Terms where that option is made available, you accept and agree to these Terms and any additional terms, rules and conditions of use issued from time to time. If you do not agree to the Terms, then you can't use ECCU.

2. Modification of Terms of Use

These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of these Terms will be posted on ECCU.co.in (“the Site”). Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use ECCUs by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use ECCUs, you must stop using the ECCU.

3. Eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. By using the ECCU, you are warranting that you are of the legal age of majority in your jurisdiction as is required to access such the ECCU and legally permitted to use such this stablecoin in your jurisdiction including owning cryptographic tokens of value, and interacting with the Site in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that ECCU Protocol Volunteers (as defined below) or any related entity is not liable for your compliance with such laws. Finally, you represent and warrant that you will not use the ECCU for any illegal activity.

4. Representations, Warranties, and Risks

4.1. No Representation or Warranty.

You expressly understand and agree that your use of the ECCU is at your sole risk. (A) ALL PERSONS, ENTITIES, AGENTS, AND VOLUNTEERS INVOLVED WITH THE CREATION OF THE ECCU CRYPTOCURRENCY MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY; AND (B) WITH RESPECT TO THE ECCU CURRENCY, ECCU PROTOCOL ALL PERSONS AND ALL RELATED ENTITIES AND AGENTS SPECIFICALLY DO NOT REPRESENT AND WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AS TO THE WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. THE ECCU PROTOCOL OR ANY RELATED ENTITIES OR AGENTS DO NOT REPRESENT OR WARRANT THAT THE OPEN SOURCE SOFTWARE AND ANY RELATED INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

4.2. Disclaimer of Fiduciary Duties

TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED HEREIN OR APPLICABLE PROVISIONS OF LAW OR EQUITY OR OTHERWISE, THE PARTIES HERETO HEREBY AGREE TO ELIMINATE ANY AND ALL FIDUCIARY DUTIES THE NEUTRINO PROTOCOL VOLUNTEERS OR ANY RELATED ENTITIES AND AGENTS MAY HAVE TO THE USER, ITS AFFILIATES, OR THE END USERS OF THE ECCU PROTOCOL, PROVIDED THAT SUCH EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT EXTEND TO MISAPPROPRIATION OF ASSETS OR FUNDS OF THE USERS, ITS AFFILIATES, OR THE END USERS OF THE ECCU PROVIDED BY THE ECCU PROTOCOL OR ANY RELATED ENTITIES AND AGENTS OR OTHER ACTS OR OMISSIONS THAT CONSTITUTE A BAD FAITH VIOLATION OF THE IMPLIED CONTRACTUAL COVENANT OF GOOD FAITH AND FAIR DEALING.

4.3 Sophistication and Risk of Cryptographic Systems

By utilizing the ECCU PROTOCOL in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens like Waves token and blockchain-based software systems. None of the user of ECCU PROTOCOL own or control any of the underlying software through which blockchain networks are formed. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the ECCU PROTOCOL, you acknowledge and agree that users of ECCU or related entities are not responsible for operation of the underlying software and networks that there exists no guarantee of functionality, security, or availability of such software and networks.

4.4 Risk of Regulatory Actions in One or More Jurisdictions

The ECCU cryptocurrency, the ECCU PROTOCOL could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of users ECCU PROTOCOL to continue to develop, or which could impede or limit your ability to access or use the ECCU PROTOCOL or Waves blockchain, including access to your funds.

4.5 Risk of Weaknesses or Exploits in the Field of Cryptography

You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and ECCU PROTOCOL, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, it is intended to update the protocol underlying the ECCU PROTOCOL to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the ECCU PROTOCOL or accessing the Site, you acknowledge these inherent risks.

4.6 Volatility of Cryptocurrency

You understand that cryptocurrency and cryptographic tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Waves blockchain. You acknowledge these risks and represent that users ECCU PROTOCOL or any related entity or person cannot be held liable for such fluctuations or increased costs.

4.7 Application Security

You acknowledge that the ECCU cryptocurrency is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the ECCU PROTOCOL. This warning and others later provided in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the ECCU PROTOCOL.

4.8 Website Accuracy

Although it is intended to provide accurate and timely information on the Site and other tools making up the ECCU cryptocurrency, the Site (including, without limitation, the Content) or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or relevant tools are your sole responsibility and ECCU PROTOCOL Volunteers shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by any entity. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site or available via other relevant tools.

4.9 Technical Knowledge

Any use or interaction with the ECCU cryptocurrency requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills.

5. Indemnity

You agree to release and to indemnify, defend and hold harmless ECCU PROTOCOL Volunteers and any related entities, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees, fees or penalties imposed by any regulatory authority and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the ECCU PROTOCOL, your violation of these Terms of Use, your violation of any law, rule, or regulation, or the rights of any third party, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Each of the ECCU PROTOCOL Volunteers reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ECCU PROTOCOL Volunteers in the defense of such matter.

6. Limitation on liability

You acknowledge and agree that you assume full responsibility for your use of the ECCU PROTOCOL; that any information you send or receive during your use of the ECCU PROTOCOL may not be secure and may be intercepted or later acquired by unauthorized parties; that you use the ECCU PROTOCOL at your own risk. In no event shall ECCU PROTOCOL Volunteers nor any related entities will be liable for any direct, indirect, incidental, special or consequential damages of any kind, including without limitation damages for loss of profits, revenue, goodwill, use, data or other tangible or intangible losses or any other damages incurred by you or any third party, whether in action or based on contract, tort, strict liability or any other theory (even if any of the ECCU PROTOCOL Volunteers or related entities had been advised of the possibility of such damages), resulting from ECCU PROTOCOL. The use or the inability to use the ECCU PROTOCOL; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the site or the ECCU PROTOCOL; any actions ECCU PROTOCOL Volunteers take or fail to take; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the ECCU PROTOCOL); any injury or damage to computer equipment; inability to fully access the ECCU PROTOCOL or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the ECCU PROTOCOL.

7. Our Proprietary Rights

All title, ownership and intellectual property rights in and to the ECCU PROTOCOL are owned by the ECCU PROTOCOL Volunteers, related entities or their licensors. Except as expressly authorized, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the ECCU PROTOCOL, in whole or in part.

8. Links

The ECCU PROTOCOL, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because none of the ECCU PROTOCOL Volunteers have control over such sites, applications and resources, you acknowledge and agree that ECCU PROTOCOL Volunteers or any related entity is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ECCU PROTOCOL Volunteers or any related entity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Taxes

The user is responsible for all taxes, which includes but is not limited to calculating, reporting and remitting the appropriate amount to the tax authority applicable to the user for activities involving the ECCU PROTOCOL, including but not limited to any income, profit and/or capital gain tax. ECCU PROTOCOL Volunteers will not provide any tax related information to the Users.

10. No Financial Advice

ECCU PROTOCOL Volunteers is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any transactions or other decisions or activities affected by you using the ECCU PROTOCOL. No communication or information provided to you by ECCU PROTOCOL Volunteers is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. The user is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for their based on their personal investment objectives, financial circumstances and risk tolerance. The user should consult their legal or tax professional regarding their specific situation. Before making the decision to buy, sell or hold any cryptocurrency, the user should conduct their own due diligence and consult their financial advisors before making any investment decision. ECCU PROTOCOL Volunteers will not be held responsible for the decisions the user makes to buy, sell, or hold cryptocurrency based on the information provided by ECCU PROTOCOL Volunteers.

11. Termination and Suspension

The ECCU PROTOCOL may terminate or suspend all or part of the ECCU PROTOCOL and your ECCU cryptocurrency access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the ECCU PROTOCOL will immediately cease. The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TAXES; NO FINANCIAL ADVICE; TERMINATION; GENERAL INFORMATION.

12. General Information

12.1 Entire Agreement

These Terms (and any additional terms, rules and conditions of participation that may be posted on the Site) constitute the entire agreement with respect to the ECCU PROTOCOL and supersedes any prior agreements, oral or written. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.

12.2 Waiver and Severability of Terms

The failure of the ECCU PROTOCOL Volunteers or any related entity to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

12.3 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the ECCU PROTOCOL or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.4 Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.5 Communications

Users with questions, complaints or claims with respect to the ECCU PROTOCOL may contact us using the relevant contact information set forth above and at info@eccu.co.in.

13. Prohibited Use

You may not use the ECCU PROTOCOL to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the ECCU PROTOCOL involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at info@eccu.co.in. By opening using the ECCU PROTOCOL provided here, you confirm that you will not use this ECCU PROTOCOL to do any of the following: Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any relevant country, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information Abuse Other Users: Interfere with another individual's or entity's access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent Fraud: Activity which operates to defraud the ECCU PROTOCOL, the ECCU cryptocurrency users, or any other person; provide any false, inaccurate, or misleading information. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of the ECCU PROTOCOL Volunteers's intellectual property, name, or logo, including use of ECCU PROTOCOL Volunteers trade or service marks, without express consent from them or in a manner that otherwise harms ECCU PROTOCOL; any action that implies an untrue endorsement by or affiliation with ECCU PROTOCOL Volunteers.