Terms & Conditions

General Terms and Conditions of Participation and Use for the Bitwala STO list

1. Applicability

The following terms and conditions apply to your participation to the STO list of Bitwala GmbH based in Germany, Berlin, Ohlauer Str. 43, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 173698 (hereinafter referred to as “Bitwala“, “us“ or “we“).

The STO list is offered and carried out exclusively on our Website https://bitwalatoken.com (hereinafter referred to as „Website“).

With your participation in the STO list, you agree to the following general terms and conditions of participation and use.

2. Object of Use, Requirements and Advantages of the STO list

By participating in the STO list, you get the opportunity to reserve yourself a spot in our future planned Security Token Offering (hereinafter referred to as “Bitwala STO”) and to reserve a number of Tokens in advance without subscription obligation. We will inform participants of the Pre-Whitelisting about the start of our Bitwala STO by e-mail and invite them to register for participating in the Public Sale. Your pre-whitelisting and Token reservation does neither constitute a binding offer by you nor by us to enter into a token purchase agreement. It is solely for the purpose of retrieving the potential demand for Tokens from our STO.

To participate in the STO list, enter your first name, last name, e-mail address and nationality using the form on the Website. You can choose to reserve Tokens worth less than EUR 100,000 (<€100k) or worth EUR 100,000 or more (≥€100k). In order to click the "Get whitelisted" button to send your pre-whitelisting request, you must first confirm that you have read and accepted these Terms & Conditions of the STO list by ticking the box provided. After you have clicked the "Get whitelisted" button, we will send you an automatically generated e-mail with a verification link to the e-mail address you have provided. Click on the verification link to complete the pre-whitelisting.

We would like to point out that for participants who intend to purchase Tokens worth at least EUR 100,000, we are providing our Private Sale, which will take place before the Public Sale. If you indicate in the STO list that you would like to reserve Tokens worth at least EUR 100,000, we will contact you personally by e-mail.

Participation in the STO list is voluntary and free of charge and does not depend on the purchase of goods or the use of a service. You only bear the costs associated with the participation via internet (usage fee for the internet connection). This applies to both non-mobile and mobile devices.

If you have registered for the STO list but do not wish to participate anymore, you can unsubscribe from the STO list at any time by clicking on the "Unsubscribe link", which we will send to you in the e-mail confirming your pre-whitelisting. If you have subscribed to our newsletter to receive regular updates about our Bitwala STO, you can also unsubscribe from the STO list at any time by clicking on the "Unsubscribe link" in the update e-mails. How you can subscribe to our newsletter will be explained to you hereafter.

3. Subscription to Updates from Bitwala (Newsletter)

Within the registration for the STO list you have the possibility to register for regular updates regarding our future Bitwala STO. If you decide to do so by ticking the box provided, we will send you an e-mail so that you can confirm your subscription to the newsletter by clicking on the verification link. After confirmation we will send you regular updates to the e-mail address you have provided. You can unsubscribe from updates at any time via the “Unsubscribe link” in the update e-mails or via the contact details given in our Privacy Policy.

4. Exclusion from Participation / Prohibited Activities

4.1. Excluded from participating in the STO list are US citizens, US Green Card holders, other persons or companies subject to US taxation as well as other investors from countries in which the offer of Tokens is not permitted or that are filed on the current country list of high-risk and other monitored jurisdictions of the Financial Action Task Force (FATF).

4.2. Any activities that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors are prohibited.

4.3. It is also prohibited to take any action that is likely to interfere with the smooth operation of the Website, in particular to excessively overburden Bitwala's systems.

4.4. Should you as a user become aware of any illegal, abusive, non-contractual or any other unauthorised use of the Website, please notify us accordingly. We will then check the instance and, if necessary, take appropriate steps.

4.5. In the event that there is a suspicion of an unlawful or punishable action, Bitwala is entitled to, and eventually under the duty to:

Examine the user’s activities,

Exclude the user from the STO list,

Eventually take legal actions against the user. This may also include the referral of a case to the public prosecutor's office.

5. Right of Use concerning the Content of the Website

5.1. As far as these terms and conditions do not explicitly allow differently or if the Website offers it due to corresponding functions:

The user may only access and display the available content on the Website for personal purposes only. This right of use is limited to the duration of use of the Website.

The user must refrain from editing, altering, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing all or parts of the content available on the Website. It is also prohibited to remove or modify copyright notices, logos and other marks or protective marks.

5.2. The user is only entitled to download content ("Download") as well as to print out contents, as far as a possibility for downloading or printing on the Website as functionality (for example by means of a download button) is available.

6. Data Protection

6.1. Our quality standards include the responsible handling of your personal data (hereinafter referred to as "personal data"). The data resulting from the registration (STO list) via the Website and from the use of our Website will therefore only be collected, stored and processed by us to the extent necessary for the contractual provision of services and permitted by statutory provisions or ordered by law. Bitwala will treat your personal data confidentially and in accordance with the provisions of the applicable data protection laws.

6.2. In addition, we only use your personal data as far as you have expressly consented to the use. Your consent can be revoked by you at any time.

6.3. In addition, the Privacy Policy of Bitwala is applicable, which you can access and download at https://bitwalatoken.com/privacy-policy.

7. Liability

7.1. Bitwala shall only be liable for intent and gross negligence for such damages incurred by the user through the use of the Website, provided that the damage was caused by the use of the Website in accordance with the contract. Furthermore, Bitwala shall be liable for the negligent breach of obligations which are essential for the proper execution of the contract, of which an infringement jeopardizes the achievement of the purpose of the contract and on which the the participant may regularly rely on to be met. In the latter case, however, Bitwala is only liable for the predictable, contract-typical damage. Bitwala is not liable for the slightly negligent violation of obligations and damages other than those specified in the preceding sentences.

The above exclusions of liability do not apply in case of injury to life, body and health.

7.2. Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Bitwala is not liable for the constant and uninterrupted availability of the website.

8. Applicable Law

The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods, if

you have your habitual residence in Germany or

your habitual residence is in a state, which is not a member state of the European Union.

In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

Dated: 16. January 2019