Liti Capital SA (“Liti Capital”), a company organized and existing under the laws of Switzerland with company registration number CHE-379.790.214 whose registered office is located in Geneva, Switzerland. Liti Capital offers services related to cryptocurrencies through its web platform. The following terms and conditions define the rights and obligations of the parties in connection with the use of the Liti’s (shareholders) app platform (“Liti App”) and Liti Capital's website (“Website”) accessible at liticapital.com.
By using and directly or indirectly interacting with Liti App or Liti Capital's Website, you as User (“User”, “You”) explicitly acknowledge and agree to these Terms, as amended and published on the Website and you acknowledge that you have read and understood these Terms.
These terms may be updated by Liti Capital at any time without any prior notice requirement. The current version of the Terms, as published on the Website, is applicable.
1. General conditions
In order to be able to use our Services You warrant and represent that you:
• unless being a Swiss resident, have not been directly solicited by Liti Capital through personalized or targeted communication inviting you to take an interest in the use of our Services and have learn only general information about the same through our Website, social networks and unconnected parties;
• have sufficient experience, knowledge and understanding of the working principles of our platform, fully understand the associated risks access and use the platform at your own risk use our platform with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
• have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
• have obtained sufficient information about blockchain and tokenized shares to make an informed decision;
• guarantee that your blockchain assets are not encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets. For the purposes hereof “blockchain assets” shall mean such type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as BTC, ETH, etc.;
• are responsible for the management of your tax affairs, including making any applicable filings and payments and complying with applicable tax laws and regulations of your country of residence and/or citizenship, and that your funds and/or crypto assets transiting via our Services have been, respectively shall be, duly declared to the tax authorities of your country of residence and/or citizenship;
• will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
• will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the blockchain assets Transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which Liti Capital and/or You have not obtained in this state or region; AND
• have not previously been suspended or removed from our Services.
You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the app, and that you are solely responsible for your actions and/or inactions while using our app. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
• Use the app to pay for, support or otherwise engage in any illegal gambling activities; money-laundering; fraud; or terrorist activities; or any other illegal activities;
• Use or attempt to use another User account without authorization, given knowingly and voluntarily;
• Provide false, inaccurate, or misleading information;
• Use the app in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our app with full functionality, or that could damage, disable, overburden or impair the functioning of the app in any manner;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the app or to extract data;
• Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our app that you are not authorized to access;
• Develop any third-party applications that interact with our app without our prior written consent; AND
YOU INDEMNIFY AND HOLD LITI CAPITAL SA HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.
YOU UNDERSTAND THAT LITI CAPITAL DOES NOT HAVE ACCESS TO YOUR FUNDS, IN THE ABSENCE OF YOUR PRIVATE KEY. AT NO POINT DOES LITI CAPITAL STORE THE USER’S PASSWORD, SO EVEN IF WE WANTED TO, WE CANNOT GAIN ACCESS TO THE UNENCRYPTED PRIVATE KEY.
It is your responsibility to keep your email address and phone number on file with Liti Capital up to date so that Liti Capital can communicate with. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic Communication sent to you by Liti Capital, because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications.
Liti Capital shall endeavour, as far as possible, to keep the App and the Website accessible 7 days a week and 24 hours a day. However, access to the App and the Website may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet. Liti Capital is not liable for any malfunction or inability to access the App and the Website attributable to third parties, because of unsuitable equipment of the User or because of any other circumstances not attributable to Liti Capital.
Although Liti Capital intends to provide accurate and timely information on the App and the Website, the App and the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, the User shall verify all information before relying on it, and all decisions based on information contained on the App and the Website are in the sole responsibility of the User and Liti Capital shall have no liability for such decisions.
3. Limitations of supported crypto assets
YOU INDEMNIFY AND HOLD LITI CAPITAL SA HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR DEPOSIT/WITHDRAWAL TRANSACTIONS REQUESTS IN VIOLATON OF SETTLED LIMITATIONS.
For the purposes thereof the "Third-party service" shall mean any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
app ETH addresses are ERC-20 compliant, however, not all ERC-20 tokens are supported in the app. Transactions of currently unlisted tokens to app addresses may appear on the blockchain, however, they will not be available on your balance in the section Assets until they are added to our list.
4. Consents and authorizations
You agree and consent to receive electronically via your verification e-mail all Communications, that Liti Capital may be willing to communicate to you. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by Liti Capital. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is a case you waive your right to plead ignorance.
5. No investment advice
The information on the App and on the Website does not constitute legal, financial, tax or investment advice and is not intended as a recommendation for buying, trading or selling cryptocurrencies. Liti Capital recommends seeking the advice of legal, tax and financial experts before starting to buy, trade or sell crypto assets. Crypto assets are volatile. Buying and Selling of crypto assets carries with it a high degree of risk. The User should be fully aware of the level of risk involved before trading. Any loss of data, crypto assets or profit is on the User’s sole responsibility. Liti Capital will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission.
There is always the possibility something unexpected happens with regard to crypto assets that causes the User’s cryptocurrencies to be lost. Liti Capital strongly recommends to the User not to invest more than he/she is willing to lose. THE USER IS SOLELY RESPONSIBLE FOR ANY INVESTMENT DECISIONS WHICH ARE EXECUTED ON THE EXCLUSIVE INITIATIVE OF THE USER.
Liti Capital may publish a Guide on the App and/or on the Website about basic blockchain and cryptocurrency topics. The User can use the Guide free of charge. The information therein comes from publicly available sources and may be amended from time to time by Liti Capital without any prior notice requirement. Liti Capital does not warrant the accuracy, correctness and completeness of the information provided and will not be responsible for that.
The Guide does only include basic topics about cryptocurrencies and does not constitute legal, financial or investment advice. The Guide does not replace the advice from qualified advisors and the examination as to whether cryptocurrencies meet the User’s own requirements regarding the User’s own objectives, risk appetite, experience and/or knowledge.
7. Liti Capital Shareholder App
Liti Capital does not have, at any point in time, access to the User’s funds and passwords. If the User loses access to his/her device, the User expressly acknowledges and agrees that any cryptocurrency the User has associated with that app will become inaccessible, unless he/she has created a backup of the app by writing down the app’s seed phrase. “Seed phrase” is a list of words which store all the information needed to recover funds on-chain. app will typically generate a seed phrase and instruct the user to write it down on paper. The User expressly acknowledges and agrees that he/she is solely responsible for safekeeping the deceive and for backing up his/her seed phrase in order to be able to restore his/her crypto assets again.
Liti Capital does not hold the crypto assets of the User. Only the User itself can access and control its cryptocurrencies. The User can freely transfer his/her cryptocurrencies from his/her app to another app at any time.
The balance of crypto assets displayed by the app in the user interface of your application is accurate and the balance represents the current amount of crypto assets you are able to transfer or exchange.
We reserve the right to limit the scope of our Services to users. Limitation of our Services may depend on the established security level of the account, for instance and the following criteria may be considered: verification of e-mail, social network authorization etc. Please, note that restrictions, mentioned herein are for illustrative purpose only. We reserve the right to limit the scope of our Services at our sole discretion and without prior notification to you. Please note that certain services might be subject to geographical restrictions and may not be available in your country.
In case of Your breach of the Terms, or any other event as We may deem necessary, including without limitation the Force Majeure Event; maintenance work; inability of the third service provider to provide you services; your request of account cancellation; market disruption; inability to conform our requirements; lack of verification pending litigation, investigation, or government proceeding related to You or your app account; and/or in case we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity We may, in our sole discretion and without liability to you, with or without prior notice:
• suspend your access to all or a portion of our Services; or
• delete or deactivate your app Account and all related information and files in such account.
The following Actions are available to be performed by User via Liti App with his/her Liti tokens:
“Buy”, the User can purchase Liti tokens via credit card or bank transfer. The order can be placed in CHF, EUR, USD, GBP.Please note that Liti Capital charge fees for these transactions, fees are indicated in app at the moment of purchase. The purchase amount must be specified in advance by the User. The exchange rate in the App is indicative, the final rate will be determined upon reception of your transfer. Bank transfers can take several days to be received and processed. Your bank may charge international transfer fees. Liti Capital is not responsible for transfer fees charged by your bank. Users must cover all the fees and cannot ask Liti Capital to reimburse the fees paid by the User.
• "Transfer", the User can transfer Liti Tokens to other wallets, that are already registered in Liti Capital using the ethereum network. . Users must cover all the fees and cannot ask Liti Capital to reimburse the fees paid by the User.
• Wrap shares: This functionality allow users to wrap the shares (Liti token) into wLiti token. The ratio of a Liti token to wLiti is 1:5000, that is for each Liti token the User will receive 5000 wLiti.
• Unwrap shares: This functionality allow the User to unwrap the shares that is to transform wLiti tokens to Liti tokens. The User should indicate the number of Liti tokens that desire obtain. The conversion is made at 5000:1, that is for 5000 wLiti tkens the User receives 1 Liti token.
10. Termination of service
It is in the sole discretion of the User whether he/she wants to continue to use the App or not.
Liti Capital may also terminate its services for the User at any time for any reason, at its sole discretion. Such actions may be taken if Liti Capital deems that the User has breached the Terms in any manner. Additionally, Liti Capital may at any time, at its sole discretion, cease the operation of the service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Liti Capital does not assume any responsibility nor liability with respect to, or in connection with, the termination of the services provided on the Website or with the App.
However, any termination does not affect the access of the User to his/her app. The User can still freely transfer his/her cryptocurrencies from his/her app to another app at any time, or restore the funds associated with the app using the associated seed phrase.
11. Special conditions
We will endeavor to assist you in return of your assets in case of missent Transaction. However, we are not able to control or affect the performance of such return. We may not guarantee the recovery of a crypto asset to your app.
You may be charged fees by the third-party service you use to remit your app. Liti Capital is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
It is the user's responsibility to decide whether any taxes apply to the Transactions you perform through the app, and to withhold, report and remit the relevant funds to the appropriate tax authorities. You agree that Liti Capital is not responsible for determining whether any taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any Transactions and does not act as your tax agent.
12. Intellectual property rights
Liti Capital is the sole owner of all intellectual property rights related to the Website and the App. Any content presently displayed or made available by Liti Capital in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of Liti Capital, its affiliates or its suppliers, and is protected by Swiss and international intellectual property law. Liti Capital's names and logos are trademarks of Liti Capital. Liti Capital's trademarks and logos may not be used for products or services that are not respectively manufactured or offered by Liti Capital, or in any way that could cause confusion in the public, or in any way that disparages or discredits Liti Capital.
Accordingly, the User agrees not to reproduce, represent, extract and use in any way any or all of Liti Capital's trademarks, logos, Website or services.
YOU AGREE TO INDEMNIFY AND HOLD LITI CAPITAL SA HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF ASSETS, INCLUDING TOTAL ONE, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH:
• your use of the app, including, but not limited to those arising from your personal errors and misbehavior such as forgotten passwords, incorrectly constructed transactions, loss of your accesses etc.
• any risks associated with utilizing any crypto assets blockchain network, including, but not limited to the risk of unknown vulnerabilities in or unanticipated changes to any network protocol;
• any communication failures, disruptions, errors, distortions or delays you may experience when using the app, howsoever caused;
• software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control, any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol that may cause the app to malfunction or function in an unexpected or unintended manner. For the purposes hereof "Force Majeure Event" shall be understood as any event beyond Liti Capital's reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the course of crypto asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond Liti Capital's reasonable control;
• technical, typographical, or photographic errors in information and materials appearing on the Website or related applications;
The Service developed by us is provided "as is". Liti Capital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Liti Capital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any websites or apps linked to Liti Capital.
14. LOSS OR THEFT OF PRIVATE KEYS
If a Liti token holder loses access to his tokens, e.g. because the corresponding private key has been lost or stolen, the Company proceeds as follows:
If a User claims to have lost access to the tokens (the "Applicant") then:
(i) After having identified itself in a manner satisfactory to the Company, the Applicant must notify the Company that he has lost access to certain tokens (the "Lost Access Tokens") and specify the Blockchain address to which the Applicant has lost access.
(ii) The Company will, on three separate occasions, publish a notice on its website and in such other media as the Company may find appropriate, stating that it will cancel and reissue the Lost Access Tokens to a Blockchain address designated by the Applicant unless, within  days following the date of the first publication, a third party claims to own and provides prima facie evidence that such third party is the rightful owner of the Lost Access Tokens.
(iii) The Company will also send a letter to the (postal) address of the Applicant (as evidenced by the share register), with a copy of the email sent by the Applicant to the Company and of the notice published on the Company's website.
(iv) The Company will ask the Applicant to provide a Blockchain address to which the reissued tokens must be allocated, and to confirm that such Blockchain address is controlled by the Applicant exclusively.
(v) Unless the Company has received a notice from a third party that includes prima facie evidence that such third party owns the Lost Access Tokens, the Company will cancel and reissue the Lost Access Tokens to the Blockchain address designated by the Applicant.
(vi) If, before reissuing the Lost Access Tokens, the Company receives a notice from a third party that includes prima facie evidence that such third party owns the Lost Access Tokens, it will inform the Applicant of the fact and invite the Applicant to bring the matter to the competent courts.
Upon receipt of a final decision from a Swiss court acknowledging the ownership of the Lost Access Tokens, the Company will cancel and reissue the Lost Access Tokens to the Blockchain address that will have been designated by the person identified as the rightful owner of the Lost Access Tokens.
15. Governing law
These Terms and the use of the Website and the App will be governed by, and construed and enforced in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule. Any Dispute arising out of or relating to these Terms and the use of the Website and the App, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Neuchâtel, Switzerland.
16. Severability clause
Should one or several provisions of these Terms be or become invalid or prove to be unenforceable, this shall not affect the validity of the other provisions.
In this case, the contracting Parties shall replace the invalid or unenforceable provision by another provision that comes closest to the economically intended purpose. The same applies in the case of a regulatory gap.
In the event of any conflict between these Terms and any other agreement you may have with Liti Capital, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion.
1. Risks Associated with the Blockchain Protocol
As the Services and/or the issuance and management of Liti Tokens and/or wLiti (collectively, “Liti Tokens) are based on a blockchain protocol, any errors, malfunction or breakdown or abandonment of the blockchain protocol may have a material adverse effect on the Services and/or Liti Tokens. Further, cryptography or technical advances, mining attacks, a hard fork in the block chain or other advances in blockchain technology, could present risks to the Services and/or Liti Tokens and result in unintended adverse effects.
2. Blockchain Risk
As the Services and/or Liti Tokens are based on the blockchain, any malfunction, breakdown or abandonment of the blockchain may result in the loss of or inability to access the Services and/or Liti Tokens. Blockchain technology is prone to periodic congestion during which transactions could be delayed or lost. Block producers may not include a User’s transaction at the time such User expects, or an User’s transaction may not be included at all. It may be that blockchain transactions may be delayed and the User will be unable to access the smart contracts.
3. Cybercrime and Security Weakness
The Services and the acquisition and management of Liti Tokens are inherently subject to the risk of cybercrime that is difficult to manage and mitigate. This may result in concerted attempts and even successful attempts to hack the Services, the Liti Token sale process, the Liti App, Website and/or software used to manage contributions received in respect of Liti Tokens. The Services and/or Liti Token sale process may be subject unauthorized access, hacking and/or theft of Liti Tokens. Any unauthorized access or cybercrime may result in theft or loss or inability to access subscriptions, impacting the ability to access the Services and/or to issue Liti Tokens. Further, as blockchain is an open-source software and the Services and/or Liti Tokens are based on such software, the User understands and assumes the risk that such software may contain bugs, weaknesses or other flaws which may negatively affect the Services and/or Liti Tokens, including the loss of the Services and the User’s ability to access and control the Services and/or Liti Tokens.
4. Legal Risks
National and international laws, regulations and/or applicable rules to technology industries, including blockchain technology, may impact or constrain the design, implementation and/or operation of the Liti App. Although the blockchain and digital assets generally are not regulated or are lightly regulated in most countries, one or more countries may take regulatory actions in the future that could severely restrict the right to acquire, own, hold, sell or use these digital assets. Such restrictions may adversely affect the holders of Liti Tokens.
5. Blockchain Technology’s Other Risks
Blockchain technology and the related software and technology and technical concepts and theories are still in an early development stage and are unproven. To the extent the source code and algorithm setting the rights and the features of the Services and/or Liti Tokens contains errors or latent terms not disclosed to the investors, or use unsafe algorithms, these errors and hidden terms may result in losses to investors and substantially affect the User’s access to the Services, dilute the value of the Liti Tokens and/or result in other unanticipated risks.