Black Friday 26 Special Offer

These Buy and Hold Terms and Conditions (“Agreement”) incorporate the Liti Capital S.A. (“Liti Capital/Our”) Terms and Conditions and its Annex A, Certain Risks Relating to the Use of Services, which inter alia define the rights and obligations of the parties in connection with the use of the Liti Capital web app and Liti Capital’s website (“Company TC”).

This Agreement governs the relationship between Liti Capital and its Users (“User/You”). This Agreement shall be used for the “Buy and Hold” of $wLiti in connection with “Black Friday 26” for the purpose of gaining a Buy and Hold reward as defined below and is not used for any other services offered by Liti Capital. Whether a direct or indirect user, on behalf of or for an institution or company, User attests that the User has authority to legally Buy and Hold tokens and adhere to the terms listed herein.

BY ENGAGING IN THE “BUY AND HOLD” WITH LITI CAPITAL YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF, AND WILL BECOME A PARTY TO, THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT IS INACCURATE AS APPLIED TO YOU, YOU MUST NOT BUY AND HOLD WLITI.

1. Definitions.

Terms used in this Agreement with their initial letters capitalized have the meanings ascribed to them in this section or where they are elsewhere defined in this Agreement. Any term defined in the singular will have the corresponding definition in the plural (and vice versa). As used in this Agreement:

1. “Agreement” means these Terms of Service and all incorporated Terms and Conditions and Annexes thereto.
2. “Confidential Information” means all non-public information disclosed by one party to the other in connection with this Agreement that the disclosing party marks as confidential or which the receiving party should reasonably know to be the confidential information of the other party,
3. “Effective Date” means the date that you Buy and Hold your tokens with Liti Capital.
4. “Buy and Hold” means use of the Service by User to gain the Buy and Hold Reward.
5. “Buy and Hold Rewards” means wLiti rewarded in connection with “Black Friday 26”.
6. “User” means the Party using the Service to gain Buy and Hold Rewards.
7. “Party” means you or us, as applicable, and “Parties” means you and us collectively
8. “Platform” means our technology platform and infrastructure that we use to perform the Service.
9. “Service” means our provision of services to Supported Networks, including, without limitation, producing and processing transactions and securing the network.
10. “Supported Network” means any blockchain network for which our Platform is able to perform the Service.
11. “Supported Network Protocol” means the rules by which the Supported Network operates including but not limited to the process for Buy and Hold and the quantity and timing of the Buy and Hold Rewards.
12. “Token” means wLiti.
13. “Website” means the website managed and maintained by Liti Capital in connection with Service liticapital.com.

2. Responsibilities 

1. During the Term (as Defined below) Liti Capital will provide the following:
   1. The Service will be operated in a diligent and professional manner and in accordance with applicable industry standards.
   2. Reasonable security safeguards will be employed by Liti Capital to protect the integrity and availability of Service.
2. During the Term, User shall provide the following;
   1. USER IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF THEIR ACCOUNTS AND KEYS AT ALL TIMES. LITI CAPITAL WILL NEVER ASK FOR PRIVATE KEYS IN ANY CIRCUMSTANCE. LITI CAPITAL WILL NOT HOLD USER PRIVATE KEYS, AND WILL NOT ACT AS A CUSTODIAN OF USER FUNDS.
   2. User is expected to have knowledge of blockchain technology, Buy and Hold, accounts, keys, and details of the Supported Network and Supported Network Protocol. They are further expected to have conducted their own thorough investigation of Supported Network, Token, and other matters considered in this Agreement in determining to Buy and Hold tokens with Liti Capital.

3. Services

1. The Buy and Hold is only available for purchases of $wLITI and made via the App.
2. The Buy and Hold starts at 0:00am (UCT) 26 and ends at 23:59 (UCT) on 26 November 2021.
3. The Buy and Hold is limited to a one-time purchase of $wLITI per wallet.
4. The Buy and Hold Reward consists of a twenty-six per cent reward in $wLiti after a 180-day vesting period.
5. The Buy and Hold period commences on 26 November 2021. The User must connect their wallet (e.g. MetaMask) to the App to see the Buy and Hold purchase the User has made.
6. After the 180-day vesting period, the User will be able to withdraw the purchased $wLITI plus the Buy and Hold Reward via the smart contract for transfer to the User’s personal wallet.
7. In the event the User wants to withdraw the purchased $wLITI before the end of the vesting period (i.e. before 26 May 2022), the User is able to access their purchased $wLITI any time via the smart contract. However, if the User withdraws their purchased $wLITI before the 180-day month vesting period has been completed, the Buy and Hold Reward not be granted to the User.
8. Liti Capital will not accept, take control of, or custody any Buy and Hold Reward on behalf of the User. The purchased $wLITI will remain in the smart contract until the User withdraws the purchased $wLITI and the Buy and Hold Reward once the vesting period is over, or the User decides to withdraw the purchased $wLITI before the vesting period has expired.

Each party may be exposed to the other party’s Confidential Information in the course of each party’s performance under this Agreement. Each party, on behalf of itself and its employees, contractors and agents (collectively, “Representatives”), agrees not to, except as set forth below or as required by applicable law or regulation, use or disclose Confidential Information during or after the term without the prior written consent of the other party. To protect Confidential Information, each party agrees to: (i) limit dissemination of Confidential Information to only those Representatives with a “need to know” in connection with this Agreement; (ii) advise each Representative who receives Confidential Information of the confidential nature of such information; and (iii) have appropriate agreements, policies and/or procedures in place with such Representatives sufficient to enable compliance with these confidentiality obligations. Nothing in this section will prohibit either party from disclosing Confidential Information to that party’s professional advisors who are bound by a duty of confidentiality at least as restrictive as set forth in this Agreement. This Section will survive termination of this Agreement for a period of two years.

User shall indemnify, defend and hold harmless Liti Capital from and against all claims, suits and actions brought against Liti Capital by a third party, and all resulting liabilities, damages, losses and costs awarded by a court or included as part of a final settlement (in addition to reasonable attorney’s fees and disbursements), arising from or relating to User’s use of the Services in a manner that breaches the terms and conditions of this Agreement or violates applicable laws or regulations.

6. Taxes

1. User shall be responsible for payment of all taxes, fees and surcharges, however designated, imposed on or based upon the use of the Services and Buy and Hold Rewards obtained by the use of Services.
2. Neither Liti Capital nor any of its agents shall provide any advice or guidance with respect to the tax obligations of the User. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences of entering into this Agreement and the receipt of any Buy and Hold Rewards.

7. Term & Termination

1. The term of this Agreement will begin on the date that User first buys and holds tokens with Liti Capital.
2. Either party may terminate this agreement at any time for any or no reason.
3. Upon the termination of this Agreement, User will cease to Buy and Hold tokens with Liti Capital.
4. Upon termination of this Agreement, all licenses to access and use the Services will likewise terminate, and User will immediately thereafter discontinue all such access and use.
5. Any obligations and duties that by their nature extend beyond the expiration or termination of this Agreement will survive the expiration or termination of this Agreement including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnification and limitations of liability.

8. Discontinuation of Service.

Liti Capital reserves the right to discontinue Service at any time for any or no reason. If Liti Capital decides to discontinue Service, we will publicly announce our intention to do so providing a minimum of five  days’ notice using public channels including our website, blog, and telegram group.

9. Intellectual Property.

All right, title, and interest in and to the Buy and Hold program, Platform, Website, and any other source of Liti Capital intellectual property, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights therein,  are and shall remain Liti Capital’s sole and exclusive property.

10. Acceptable Use.

User may not (a) reverse engineer, dissemble, or decompile any part of the Services. User shall bear the risk of loss for, and assumes all liability arising from, any unauthorized or fraudulent usage of Services (or any hardware or software component thereof). In addition, User agrees not to (i) send or store malicious code in connection with the Services or otherwise interfere with or disrupt performance of the Services, (ii) use manual or automated tools to scan or probe the Services in order to determine vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. Liti Capital reserves the right, but is not required, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by Liti Capital shall be consistent with applicable laws, rules, and regulations.

11. Warranties and Disclaimers.

Each party represents and warrants to the other party that it has the requisite power and authority to enter into this Agreement and to carry out all activities and transactions contemplated hereunder. Liti Capital warrants that Liti Capital will provide the Services in a professional and diligent manner and in accordance with applicable industry standards. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LITI CAPITAL SPECIFICALLY DISCLAIMS ALL LIABILITY AND OBLIGATIONS WITH RESPECT TO ANY THIRD-PARTY PROVIDERS. LITI CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE POTENTIAL MARKET FOR THE SERVICE OR THE AMOUNT OF NET REWARDS THAT MAY BE GENERATED HEREUNDER.

12. Limitation of Liability.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LITI CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, AND / OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL LITI CAPITAL’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE EXCEED THE NET REWARDS OR REVENUE PAID TO USER HEREUNDER DURING THE PERIOD ONE MONTH PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

13. Compliance With Laws.

1. Each party will comply with all local laws, rules and regulations applicable to it, and will only enter into this agreement insofar as the activity is in compliance with all applicable Laws. If during the term of this Agreement any Law becomes effective that substantially and materially alters the ability or cost of either party to perform its obligations under this Agreement in whole or part, the party that would bear the altered cost due to the change in the law should terminate this Agreement and cease using Service.

1. To the extent that any governmental agency or regulatory body in any country takes any action which prevents, restricts, or otherwise limits Liti Capital’s ability to provide any portion of the Services to User, Liti Capital shall have no liability in connection with the provision of, or failure to provide, such Services to User, and Liti Capital may, at its option, inter alia terminate the applicable Services immediately and without penalty.

Liti Capital has made no commitments or promises orally or in writing with respect to delivery of any future features or functions of the Services. In relation to any future features or functions, all presentations, request for proposal responses, and/or product roadmap documents, information or discussions, either prior to or following the entering into of this Agreement, are for informational purposes only, and Liti Capital shall have no obligation to provide any future releases or upgrades or any features, enhancements or functions, unless specifically agreed to in writing by both Parties. User acknowledges that no decisions are based upon any future features or functions of the Services.

Except as otherwise provided in this Agreement, all notices under this Agreement must be in writing and given by personal delivery, recognized national overnight courier service, or by registered or certified mail, return receipt requested. Notice given to Liti Capital must be delivered to: Liti Capital, 14 rue de l’Ancien Port, 1201 Geneva, Switzerland

Liti Capital may change the address to which notice must be delivered to it by providing notice of such updated address in accordance with this section.

16. Changes to This Agreement.

Liti Capital may revise these Terms of Service from time to time and will post the most current version on its website. If a revision materially amends the Agreement, Liti Capital will notify User (by, for example, the Liti Capital Telegram group, posting on Liti Capital’s blog or on Liti Capital’s website). User agrees to review the Terms of Service from time to time. By continuing to use or access the Services after the revisions come into effect, User agrees to be bound by the revised Agreement.

17. Force Majeure.

Liti Capital shall be excused from any delay or failure in performance of this Agreement to the extent such delay or failure is caused by wildfire, flood, explosion, war, embargo, governmental requirement, civil or military authority, Act of God, or any other causes beyond its reasonable control. Any such delay or failure shall suspend Liti Capital’s obligations to perform under this Agreement until the cause for the delay or failure is removed.

18. No Waiver.

No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other Party, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.

If any provision of this Agreement shall be held to be invalid or unenforceable, the invalidity or unenforceability shall not invalidate this Agreement or render this Agreement unenforceable, but rather this Agreement shall be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.

Liti Capital reserves the right to assign this Agreement without the prior written consent of the other Party.

21. Governing Law.

This Agreement shall be interpreted, construed and enforced in accordance with the laws of Switzerland without regard to its conflict of laws principles. Jurisdiction and venue for any claim arising out of this Agreement shall be made in Geneva, Switzerland.

22. Entire Agreement.

This Agreement constitutes the entire agreement between the Parties with respect to its subject matter, and supersedes all other agreements (express or implied), proposals, negotiations, representations or communications relating to the subject matter. Both Parties acknowledge that they have not been induced to enter this Agreement by any representations or promises not specifically stated in this Agreement. The protections of this Agreement will apply to actions of the parties performed in preparation for and anticipation of the execution of this Agreement. Except as provided above (i.e., via Liti Capital’s amendment to these Terms of Service from time to time) any amendment to this Agreement must be approved by Liti Capital in writing.