Terms & Disclaimers
These disclaimers and disclosures ("Disclaimers") apply to the CADAI tokens and any other products or services (the "Token Offerings") provided by the Cadaico GmbH (the "Company") on the Cadaico blockchain. The Disclaimers also apply to the Company's agents, representatives, beneficial owners, directors, officers, employees, contractors, affiliates, and related parties.
Please read and understand these Disclaimers in full before engaging in any of the following activities ("Covered Activities"):
1. Accessing, reading, referencing, or using information from the Company's website at https://www.cadai.co (the "Website") or other published materials regarding the Token Offerings (the "Materials").
2. Participating in the CADAI token sale or other token generation events.
3. Acquiring, using, buying, selling, or trading CADAI tokens or related products.
4. Interacting with the Cadaico ecosystem or communicating with the Cadaico network in any way.
-Ukraine's Luhansk and Donetsk regions
-United States of America (including its territories)
-People's Republic of China (excluding Hong Kong, Macau, and Taiwan)
-Democratic Republic of Congo
-Central African Republic
Any individual, organization, or entity located in or established under the laws of a Restricted Jurisdiction and any person found on the OFAC Specially Designated Nationals, Blocked Persons List, or any other consolidated prohibited persons list as determined by any applicable governmental authority. CADAICO has the right to terminate any Token Sale agreement with restricted persons or individuals from restricted jurisdictions.
a. Not a Security or Investment Contract: The CADAI tokens are not shares, securities, or investment contracts and do not entitle holders to any ownership or interest in the Company. They serve as a means to access certain services or platforms operated by the Company ("Project"). These services are not guaranteed, and external factors may prevent their realization. By participating in any Covered Activities, you acknowledge that you have no legal recourse against the Company regarding the utility of the CADAI tokens.
b. No Legal Claims Attached: The CADAI tokens do not grant any rights or claims under German law or any other jurisdiction. Token holders have no legal claims against the Company, its affiliates, or any third party involved in the Project.
c. Not an Offering: The information in the Materials does not constitute an offer to sell or a solicitation to buy securities, assets, or financial instruments. Token sales can only be conducted following applicable legal requirements or exemptions. The Materials should not be considered as a recommendation or endorsement for any investment or transaction.
d. Legal and Regulatory Compliance: The CADAI tokens must only be acquired in jurisdictions where their marketing, legality, holding, and distribution are permitted. Violating any jurisdiction's laws is your sole responsibility. Due to regulatory differences, the CADAI tokens might be subject to other legal requirements in some jurisdictions.
e. Restricted Jurisdictions and Persons: Users from Restricted Jurisdictions or who are Restricted Persons are not eligible to acquire CADAI tokens or participate in the Token Sale.
2. Limitation of Liability
Cadaico GmbH, its affiliates, employees, or agents (including developers, auditors, contractors, shareholders, directors, or founders) (collectively referred to as "Cadaico") with respect to the CADAI Tokens and the Project, shall not be liable for any incidental, special, exemplary, or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute activities of any kind arising out of or in connection with the following, to the extent permissible under German law:
(a) the Covered Activities or your participation in, or inability to participate in relation thereto, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company or any of its affiliates, employees or agents (including developers, auditors, contractors, shareholders, directors or founders) has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose;
(b) any loss or damage whatsoever caused in reliance upon any information in the Materials;
( c )any losses incurred as a result of receiving, trading or otherwise using the Composable Tokens;
(d) your failure to follow all the instructions provided by the Company;
(e) accuracy, completeness, or suitability of the Composable Tokens and the Project;
(f) your failure to implement reasonable measures to secure the wallet or any other wallet, vault or other storage mechanism used to receive or hold the Composable Tokens or any relevant access credentials;
(g) any loss of or unauthorized use of any relevant access credentials;
(h) any intentional or unintentional misuse of your distribution wallet address;
(i) any loss or destruction of your private keys;
(j) any access to the private keys associated with your wallet by any third party;
(k) any correspondence relative to past, present or future performance or the outcomes or results of the Composable Tokens and the Project;
(l) any inaccuracies, errors or flaws in the code, ecosystem, platform and any other proposed Company operations or in any wallet or program that you use to interact with the Company and the Composable Tokens;
(m) any attempt to project future conditions by the Company;
(n) any expectation promise representation or warranty arising (or purportedly arising) from the Materials;
(o) the volatility in pricing of tokens in any countries and/or on any exchange or market (regulated, unregulated, primary, secondary or otherwise);
(p) any loss of access to Company’s private keys or data breach or data loss;
(q) the purchase, use. sale resale, redemption or otherwise of the tokens; and
(r) any information contained in or omitted from the Materials.
However, Cadaico cannot exclude or limit its liability for damages resulting from its intentional or grossly negligent behavior, damages resulting from injury to life, body, or health, or where Cadaico has assumed a guarantee for the quality of a product or fraudulently concealed a defect. In these cases, Cadaico's liability shall be unlimited.
In the event that any provision of this Disclaimer is for any reason held to be invalid, illegal, or unenforceable, in any respect, or in the event that any provision of this Disclaimer operates or would prospectively operate to invalidate this Disclaimer, then such provision(s) only will be deemed null and void to the extent of such invalidity or unenforceability and will not affect the remainder of this Disclaimer. The remaining provisions of this Disclaimer will remain operative and in full force and effect and will not be affected, prejudiced, or disturbed thereby.
You shall indemnify, defend and hold harmless Cadaico and its successors and assigns, from and against any or all causes of action, claims, liabilities, losses, costs, damages, and expenses (including, without limitation, attorneys’ fees and expenses) for damages to or loss of property arising out of or resulting from the Excluded Liability Matters, to the extent permitted by applicable law, whether arising out of or related to breach of contract, tort or otherwise.
3. No Professional Advice
a. All information provided by the Company's website, associated materials, or through the CADAI token sale is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Company's materials or token offerings. Before you make any financial, legal, or other decisions involving the CADAI token sale, Cadaico ecosystem, or any related services, you should seek independent professional advice from an individual who is licensed and qualified in the area, subject matter, and jurisdiction for which such advice would be appropriate. Cadaico GmbH is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any decisions or activities that you have undertaken or will be undertaking when using the Cadaico ecosystem or participating in the CADAI token sale. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as advice.
4. No Representations or Warranties
a. The Cadaico website and its associated services are provided on an "as-is" and "as-available" basis. You agree that your use of the Cadaico website, CADAI token sale, and related services will be at your sole risk. To the fullest extent permitted by law, Cadaico GmbH disclaims all warranties, express or implied, in connection with the Cadaico website, the CADAI token sale, and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cadaico GmbH makes no warranties or representations about the accuracy or completeness of the website's content, materials, and information or the content of any websites linked to the Cadaico website and will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, information, and/or materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Cadaico website and the CADAI token sale, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Cadaico website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Cadaico website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Cadaico website. Cadaico GmbH does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Cadaico website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and Cadaico GmbH will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
5. Forward-Looking Statements
a. The information in the Materials contains "forward-looking statements." These statements, identified by words such as "plan," "anticipate," "believe," "estimate," "should," "expect," "will," "can," and similar future-looking expressions include our expectations and objectives regarding our future operating results and business strategy related to the CADAI tokens and the associated Cadaico ecosystem. Forward-looking statements involve known and unknown risks, uncertainties, assumptions, and other factors that may cause the actual results, performance, or achievements of Cadaico GmbH and its affiliated entities or related projects to be materially different from any future results, performance, or achievements expressed or implied by the forward-looking statements. Such factors include, among others, general business, economic, competitive, political, and social uncertainties; dependence on market interest in blockchain technology and token offerings; as well as regulatory or legal changes and uncertainty affecting the cryptocurrency and blockchain industry. Forward-looking statements are based on a number of material factors and assumptions, including expectations of economic conditions in the near to medium future, the average cost of Cadaico's offerings compared to traditional offerings, and fluctuations or changes to the tax and other regulatory requirements regarding blockchain technology and the industry as a whole. While Cadaico GmbH considers these facts and assumptions to be reasonably based on information currently available to it, these assumptions may prove to be incorrect. Actual results may vary from such forward-looking information for a variety of reasons, including but not limited to risks and uncertainties known and unknown by Cadaico GmbH. Because forward-looking statements relate to the future, they are subject to inherent uncertainties, risks, and changes in circumstances that are difficult to predict and many of which are outside of our control. Cadaico GmbH's actual results and conditions may differ materially from those indicated in the forward-looking statements. Therefore, you should not rely on any of these forward-looking statements.
a. By participating in any Covered Activities, you acknowledge and accept all the above Disclaimers.
7. Tax Considerations
It is solely your responsibility to determine what, if any, taxes apply due to your acquisition, use, or sale of the CADAI tokens, including, for example, sales, use, value-added, and similar taxes. It is also solely your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities.
8. Data Privacy
9. Risk Disclosures
Acquiring and holding the CADAI tokens involves various risks, including, but not limited to, the loss of the invested funds, market volatility, regulatory changes, technological issues, and the token's potential lack of liquidity. You fully understand and accept these risks.
10. Regulatory Changes
The regulatory status of blockchain technology, tokens, and token offerings is subject to change in various jurisdictions. Such changes could affect the token's value, functionality, or legality.
11. Force Majeure
The Company shall not be liable for any failure or delay in performance under this agreement for causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, government action, labor conditions, and power failures.
12. Governing Law and Dispute Resolution
This agreement is governed by the laws of the Federal Republic of Germany, without giving effect to its conflict of laws principles that would result in the application of the laws of any other jurisdiction.Any disputes, controversies, or claims arising out of or in connection with this agreement, including its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims, shall be submitted to binding arbitration in Germany in accordance with the rules of the German Institution of Arbitration (DIS). The language of the arbitration proceedings shall be English. The arbitral award shall be final and binding upon the parties, and may be enforced in any court of competent jurisdiction.