Legal Notice
Wesendit Media AG Baarerstreet 8 6300 Zug Switzerland
Email: contact@wesendit.io
HR Number: CH-170.3.042.474-8 WeSendit Trademark register no.: 640627 Legal domicile: Zug, Switzerland
1. content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless the author can be proven to have acted with intent or gross negligence. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue publication temporarily or permanently.
2. references and links
The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. For this reason, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author’s own website as well as to entries made by third parties in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author to which external write access is possible. Liability for illegal, incorrect or incomplete content and in particular for damage arising from the use or non-use of such information lies solely with the provider of the site to which reference is made, and not with the party who merely refers to the publication in question via links.
3. copyright and trademark law
The author endeavours to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to use licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
4. data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymised data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.
5. Legal considerations, risks and exclusion of liability
You may lose any money you spend to purchase WeSendit Tokens. In the event that you purchase tokens, your purchase cannot be refunded or exchanged. There is no guarantee that the benefits of the WeSendit Tokens or the project described in this whitepaper will be delivered. By agreeing to these terms and conditions and participating in the WeSendit Media AG (Switzerland) Token Sale, you waive your rights. By participating in the WeSendit Media AG (Switzerland) Token Sale, you agree that you have no recourse, action, judgment or remedy against WeSendit Media AG (Switzerland) if the benefit of the WeSendit Tokens or the project described in this whitepaper is not delivered or realised. If you are unsure about anything in this whitepaper or are not prepared to lose any money you spend on the purchase of WeSendit Tokens, we strongly advise you not to purchase WeSendit Tokens. We recommend that you seek advice from legal, financial, tax, and other professional advisors or experts before participating in the WeSendit Media AG (Switzerland) Token Sale described in this whitepaper. We strongly advise you to seek independent legal advice regarding the legality of your participation in the Token Sale in your country. WeSendit Tokens are not shares or securities of any kind. They do not entitle you to any ownership or other interest in WeSendit Media AG (Switzerland). The tokens are merely a means by which you can use certain services on a platform that is still under development. There is no guarantee that the platform will actually be developed further.
6. Please read the entire section “Legal Notices, Risks and Disclaimer” carefully.
You must read the following “Legal Considerations, Risks and Disclaimer” section in its entirety before using: (i) this White Paper and any material available on the website(s) of WeSendit Media AG (Switzerland) (the “Company”) at wesendit. com / wesendit.io (the “Website”); and (ii) participating in the Company’s token sale described in this White Paper (the “Token Sale”). This section “Legal Considerations, Risks and Disclaimers” applies to this White Paper and all information available on the Website. The contents of this “Legal Considerations, Risks and Disclaimers” section outline the terms and conditions that apply to you in connection with (i) your use of this White Paper and any information available on the Website and (ii) your participation in the Token Sale, in each case in addition to any other terms and conditions that we may publish from time to time in relation to this White Paper, the Website and the Token Sale (such terms and conditions being referred to herein as the “Terms”). This “Legal Considerations, Risks and Disclaimers” section may be updated from time to time and will be published as part of the latest version of the Whitepaper that will be available on the Website. You are required to read the latest available version of the Whitepaper on the Website in full before participating in the Token Sale.
The information set out in this section “Legal Considerations, Risks and Disclaimers” is not exhaustive and does not imply any element of a contractual relationship. Although we use all reasonable endeavours to ensure that all information: (i) in this Whitepaper and (ii) on the Website (all information in this Whitepaper and all information available on the Website is hereinafter referred to as the “Available Information”) is accurate and up to date, this material does not in any way constitute professional advice. Persons intending to participate in the Token Sale should seek independent professional advice before acting on the Available Information.
7. Legal Considerations
The Company has used its best efforts to approach the Token Sale in a responsible and reasonable manner. Given the legal uncertainty of distributed ledger technologies, businesses and activities, and cryptocurrencies and cryptocurrency-related businesses and activities in a number of jurisdictions, the Company has spent time and resources considering its business approach and where it intends to operate now and in the future. The Company has worked with an international law firm in relation to Swiss legal matters. The Company has NOT taken any other legal advice in other countries. As a result, it is possible that the Company’s WeSendit tokens described in this whitepaper that are the subject of the token sale (the “Tokens”) may constitute a security in your jurisdiction or that the Company’s offer for sale of the Tokens may be a regulated or prohibited activity in your jurisdiction, and in either case the Company may be held liable. The Company accepts no responsibility or liability to you in these or any other circumstances. You are strongly advised to seek independent legal advice regarding the legality of your participation in the sale and purchase of Tokens in your jurisdiction.
The Tokens are functional utility tokens intended for use on the Binance Smart Chain Network only. The Tokens are not securities. If you purchase Tokens, your purchase cannot be refunded or exchanged. The Company advises against purchasing Tokens for speculative investment purposes. Tokens do not entitle you to any capital, management, voting or similar right or entitlement in the Company or any of its affiliates. Tokens are sold as digital products, similar to downloadable software, digital music and the like. The Company does not recommend that you purchase Tokens if you are not experienced in cryptographic tokens, blockchain-based software and distributed ledger technology and if you have not taken independent professional advice. The company may choose to provide the available information in different languages. In the event of a conflict between the German version of the Available Information and a foreign language version, the German version shall prevail.
8. regional restrictions
Citizens, nationals, residents (for tax purposes or otherwise) and/or green card holders of: (i) the United States of America; (ii) the People’s Republic of China; (iii) South Korea; (iv) Vietnam; and (v) any other jurisdiction that prohibits or requires supervision, oversight, licensing, compliance and/or approval by any regulatory (or similar) authority or board or any monetary or securities authority for: (a) possessing, distributing or disclosing the Available Information; and/or (b) participating in or purchasing Tokens and/or offering to sell Tokens or a similar activity or product, (collectively, the “Restricted Jurisdictions”) or other Restricted Persons may not participate in the Token Sale. The term “Restricted Persons” refers to any firm, company, partnership, trust, corporation, institution, government, state or agency of any state or any other incorporated or unincorporated body or association, federation or partnership (whether or not having separate legal personality) incorporated and/or lawfully existing under the laws of any Restricted Jurisdiction (including, in the case of the United States of America, under the federal laws of the United States of America or the laws of any state thereof).
The Tokens are not intended to be and do not constitute shares or securities (of any kind) in any jurisdiction. The WeSendit Media AG Whitepaper does not constitute a prospectus or offering document of any kind and the information available is not intended as an offer of securities or a solicitation of an investment in securities in any jurisdiction. The Company does not express any opinion or give any advice on the purchase, sale or any other transaction in Tokens and the presentation, publication or transmission of all or any part of the available information shall not serve as the basis of, or be relied upon in connection with, any contract or investment decision.
9. no financial advice
No part of the Available Information shall be deemed to constitute business, legal, financial or tax advice in relation to the Company, the Tokens, the Token Sale or any of the matters to which the Available Information relates in whole or in part. You should consult your own legal, financial, tax or other professional adviser regarding the Available Information. You should be aware that you may have to bear the financial risk of purchasing Tokens for an indefinite period of time.
LIMITATION OF LIABILITY Under no circumstances shall the Company or any of its past, present or future employees, officers, directors, contractors, consultants, shareholders, suppliers, vendors, service providers, joint ventures, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (hereinafter the “Affiliates”) have any liability, (hereinafter referred to as the “Affiliates”) be in any way responsible or accountable or liable to any purchaser of TOKEN for any lost profits or otherwise or for any lost savings or for any incidental, direct, indirect, special or consequential damages arising in any way out of or in connection with the TOKEN:
a failure by the Company or any of its affiliates to deliver or implement, in whole or in part, the Project or the Platform or the Network or the Token Features described or contemplated in the Available Information;
Your use or inability to use at any time any of the services or products offered by the Company or the Platform or the Customer Network or the Tokens;
the breach of any of these Terms by the Company or its affiliates or by you or any third party;
any security risk or breach or security threat or any security attack or any theft or loss of data, including but not limited to hacking, loss of passwords, loss of private keys or the like;
errors or mistakes in any code, text or images relating to the Token Sale or in any of the Available Information;
or any information contained in or omitted from the Available Information
any promises of expectation, representations or warranties arising (or purported to arise) from the Available Information;
the volatility of the prices of Tokens in any country and/or on any exchange or market (regulated, unregulated, primary, secondary or otherwise);
the purchase, use, sale, resale, redemption or otherwise of the Tokens; or
Your failure to properly secure a private key for a Wallet containing Tokens,
(collectively, the “Excluded Liability Matters”).
The available information (including the Website and the Whitepaper) and the Tokens are provided “as is” and without representations or warranties of any kind, either express or implied. You assume all responsibility and risk with respect to the use of the available information and the purchase of any amount of Tokens and their use. If applicable law does not permit the above limitations of liability to apply to you in whole or in part, the limitations will apply to you only to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally waive: (i) any and all claims (whether actual or contingent and whether you are acting as an employee, officer, trustee, agent, principal or in any other capacity), including but not limited to claims relating to the Excluded Liability Matters, payment or repayment of funds, indemnification or any other claim you may have against the Company or any Affiliate, and (ii) release and discharge the Company and any Affiliate from any and all liability (of whatever nature and from whatever source) they may have to you. If for any reason you subsequently commence any action or legal proceeding with respect to any claim sought to be released and discharged pursuant to this paragraph or these Terms, or otherwise seek to pursue any such claim against the Company or any Affiliate, then you hereby irrevocably and unconditionally agree to fully indemnify and hold harmless the Company and any Affiliate upon demand:
any liabilities or losses suffered by the Company or any of its affiliates; and all reasonable costs, charges and expenses (including without limitation reasonable legal costs and expenses) reasonably and properly incurred by the Company or any of its Affiliates, in each case by reason of or in connection with the bringing or commencement of any such action or the prosecution of any such claim by you.
If any provision or part-provision of this Legal Considerations, Risks and Disclaimers section is or becomes invalid, illegal or unenforceable, it shall be deemed amended to the extent necessary to make it valid, legal and enforceable. If such amendment is not possible, the provision or part-provision concerned shall be deemed to be deleted. Any modification or deletion of a provision or part of a provision under this Legal Notices, Risks and Disclaimers section shall not affect the validity and enforceability of the remaining provisions of this Legal Notices, Risks and Disclaimers section.
10. no representations or warranties on the part of WeSendit Media AG
Notwithstanding any other provision of these Terms and Conditions or any express or implied statement contained in the Available Information, the Company does not make and hereby disclaims any representations, warranties or undertakings of any kind to any person or entity, including any representations, warranties or undertakings as to the truth, accuracy and completeness of the information contained in the Available Information.
11. representations and warranties by you
By accessing and/or accepting possession or transmission of all or any part of the Available Information, howsoever, you represent and warrant (and shall be deemed to represent and warrant) to the Company as of the date of such access or as of the last date you remain in possession of all or any part of the Available Information:
You are over 18 (eighteen) years of age;
You agree and acknowledge that the Tokens do not constitute stocks or shares or securities or financial instruments or investments in any form in any jurisdiction;
You agree and acknowledge that the available information (including the whitepaper and the wesendit.io / wesendit.com website) does not constitute a prospectus or offering document of any kind and is not intended to constitute an offer of Tokens in any jurisdiction or a solicitation to invest in Tokens and that you are under no obligation to enter into any contract or binding legal commitment and that no cryptocurrency or other form of payment may be accepted on the basis of the available information;
You agree and acknowledge that no regulatory authority has reviewed or approved the Available Information, that no action has been or will be taken pursuant to any law, regulatory requirement or regulation of any jurisdiction and that the publication, distribution or dissemination to you of the Available Information, in whole or in part, does not imply compliance with any applicable law, regulatory requirement or regulation;
You agree and acknowledge that the Available Information, the making and/or completion of the Token Sale or the future trading of the Tokens on any exchange or market (regulated, unregulated, primary, secondary or otherwise) shall not be construed, interpreted or considered by you as an indication of the merits of the Company, the Tokens, the Token Sale or the Available Information;
the distribution or dissemination of the Available Information or any part thereof or any copy thereof or the acceptance thereof by you is not prohibited or restricted by any applicable law, ordinance or regulation in your jurisdiction and that, to the extent any restrictions apply with respect to possession, you have observed and complied with all such restrictions at your own expense and without liability to the Company;
You agree and acknowledge that in the event you wish to purchase Tokens, the Tokens shall not be construed, interpreted, classified or treated as:
any type of currency or commodity;
Debentures, shares or units issued by any person or entity (whether the Company or otherwise);
rights, options or derivatives in respect of such debt securities, shares or units;
rights under a contract for difference or under any other contract the purpose or purported purpose of which is to secure a profit or avoid a loss;
Units in a collective investment undertaking;
Units in a business trust;
derivatives of units in a business trust;
any other security or class of securities;
or any type of investment
You understand and acknowledge that you are not eligible to purchase Tokens or access the available information if you are a citizen, national, resident (for tax purposes or otherwise) and/or a green card holder of a Restricted Jurisdiction or if you are a Restricted Person;
You have a basic understanding of the operation, functionality, use, storage, transfer mechanisms and other essential features of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
You are fully aware and understand that in the event you wish to purchase Tokens, there are risks associated with (A) the Company and its business and operations; (B) the Tokens; (C) the Token sale; and (D) relying on the available information or any part thereof;
You agree and acknowledge that the Company shall not be liable for any direct, indirect, special, incidental or other loss of any kind in tort, contract or otherwise (including, without limitation, loss of income or profit, loss of use or data, loss of reputation or loss of economic or other opportunity of whatsoever nature and howsoever arising) arising out of or in connection with your acceptance of or reliance on the Available Information or any part thereof; and all of the above representations and warranties are true, complete, accurate and not misleading as at the date of your last access to or possession of the Available Information.
12. cautionary note on forward-looking statements
All statements contained in the Available Information, statements made in press releases or other places available to the public and oral statements made by the Company or any of its affiliates (as the case may be) that are not statements of historical fact constitute “forward-looking statements”. Some of these statements can be identified by forward-looking terminology such as “aim”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “likely”, “project”, “should”, “would”, “will” or similar terms. However, these terms are not the only means of identifying forward-looking statements. All statements relating to the Company’s financial condition, business strategies, plans and prospects and the future prospects of the industry in which the Company operates are forward-looking statements. These forward-looking statements, including but not limited to statements about the Company’s revenue profitability and growth, expected revenue profitability and growth, prospects, future plans, other expected industry trends and other matters discussed in the available information about the Company, are matters that are not historical facts but are estimates and predictions only. The Company makes no representations or warranties that it has made any predictions, estimates or expectations based on formulae, mathematical or scientific models or forecasts, or that it has made proper enquiries or conducted any independent research or studies or the like. These forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual future results, performance or achievements of the Company to be materially different from any future results, performance or achievements anticipated, expressed or implied by such forward-looking statements. Such factors include, but are not limited to:
changes in legal, political, social, economic and stock market or cryptocurrency market conditions and the regulatory environment in the countries in which the Company conducts its Token Sale or in which WeSendit operates;
the risk that the Company may not be able to execute or implement its business strategies and future plans;
Changes in interest rates and exchange rates of fiat currencies and cryptocurrencies;
Changes in the Company’s expected growth strategies and internal growth;
Changes in the availability and fees payable to the Company in connection with its business and operations;
Changes in the availability and salaries of employees required by the Company for its operations;
Changes in the preferences of the Company’s customers;
Changes in the competitive conditions under which the Company operates and the Company’s ability to compete under such conditions;
Changes in the future capital requirements of the Company and the availability of funds and capital to finance such requirements;
War or international or national terrorist attacks;
the occurrence of disasters, natural catastrophes and acts of God affecting the Company’s business;
other factors beyond the control of the Company; and all risks and uncertainties associated with the Company and its business and operations, the Tokens, the Token Sales and reliance on all or any part of the available information.
All forward-looking statements made by or attributable to the Company or any of its affiliates are expressly qualified in their entirety by these factors. In view of the risks and uncertainties that may cause the actual future results, performance or achievements of the Company to be materially different from any anticipated results, performance or achievements expressed or implied by the forward-looking statements in the available information, undue reliance should not be placed on such statements. These forward-looking statements are made only as of the later of the date of publication of the White Paper and the last date on which the Website was updated. Neither the Company nor any of its affiliates nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of the Company will be as set forth in these forward-looking statements. The actual results, performance or achievements of the Company may differ materially from those anticipated in these forward-looking statements. Nothing contained in the available information constitutes, or should be deemed to constitute, a promise, representation or undertaking with respect to the Company’s future performance or policies. In addition, the Company disclaims any responsibility to update or publicly announce these forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.
13. risk factors
You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before deciding to participate in the Token Sale. To the best of the Company’s knowledge and belief, all risk factors material to your decision to participate in the Token Sale are set out below. If any of the following considerations, uncertainties or material risks materialise, the Company’s business, financial condition and/or results of operations and the maintenance and extent of use of the Tokens could be materially and adversely affected. In such cases, the trading price of the Tokens could decrease as a result of these considerations, uncertainties or material risks and you could lose all or part of your Tokens or their economic value.
14. risks associated with participating in the WeSendit Token Sale.
The Token Sale may not result in an active or liquid market for the Tokens. In the event that the Company decides to seek approval for the availability of the Tokens for trading on a cryptocurrency exchange, there is no guarantee that such approval will be granted. In addition, even if such approval is granted by a cryptocurrency exchange, there is no guarantee that an active or liquid trading market for the Tokens will develop or, if developed, be maintained after the Tokens are made available for trading on such market. There is also no assurance that the market price of the Tokens will not fall below the Initial or Issue Purchase Price/Token Private Sale Price (the “Purchase Price”). The Purchase Price may not be indicative of the market price of the Tokens after they have been made available for trading on a market.
A Token is not a currency issued by a central bank or a national, supranational or quasi-national organisation, nor is it backed by hard assets or other credit, nor is it a commodity in the conventional sense of that word. The Company is not responsible for, nor does it track, the circulation and trading of Tokens in any market. Trading in tokens depends only on the consensus on their value among relevant market participants. No one is obligated to purchase Tokens from a Token holder, including purchasers, and no one guarantees the liquidity or market price of Tokens at any time. In addition, Tokens may not be resold to purchasers who are citizens, nationals, residents (for tax purposes or otherwise) and/or green card holders of Restricted Jurisdictions or to Restricted Persons or to purchasers in any other jurisdiction where the purchase of Tokens may constitute a violation of applicable laws. Accordingly, the Company cannot assure you that there will be demand or a market for the Tokens or that the purchase price will indicate the market price of the Tokens after they are made available for trading on a cryptocurrency exchange or market. Future sales or issuances of WeSendit TOKEN could materially and adversely affect the market price of the WeSendit TOKEN.
Any future sale of the Tokens would increase the supply of Tokens in the market, which may result in downward pressure on the price of the Tokens. The sale or distribution of a substantial number of Tokens outside of the Token Sale (including, without limitation, the transfer of Tokens to persons who are not purchasers for the purposes of community initiatives, business development, academic research, education and market expansion and the issuance of Tokens as rewards to users of the WeSendit ecosystem being further developed or otherwise) or the perception that such further sales may occur could adversely affect the trading price of the Tokens. Negative publicity may materially and adversely affect the price of the Tokens. Negative publicity relating to the Company, the advancement of the Company, the Tokens or key persons of the Company and/or the regulation of distributed ledger technologies, cryptocurrencies and/or crowdsales of Tokens in any jurisdiction may materially and adversely affect market perception or the market price of the Tokens, whether or not warranted. There is no guarantee of the success of the token sale or the Company’s business platform, which will continue to be developed in accordance with available information.
The value of and demand for the Tokens will depend to a large extent on the performance of the Company’s token sales and the WeSendit Network, which will be further developed by the Company in accordance with the Roadmap, as well as the continued active participation of its users and the success of the planned business areas. There is no guarantee that the Company’s token sale will be successful or that the WeSendit Network, which continues to be developed, will gain or continue to gain traction. Although the Company has made every effort to provide a realistic estimate, there is also no guarantee that the cryptocurrencies raised through the Token Sale will be sufficient for the development of the Web3 WeSendit Platform Version 3.0. For the foregoing or other reasons, the development of the Platform and the introduction of the anticipated Token functionality may not be completed and there is no guarantee that it will be introduced at all. For this reason, the Tokens issued may have little or no value, which would affect the trading price and/or use of the Tokens.
The trading price of the Tokens may fluctuate after the Token Sale. The prices of crypto-Tokens are generally relatively volatile and may fluctuate significantly within short periods of time. The demand for the Tokens and the corresponding market price may fluctuate significantly and rapidly due to, among other things, the following factors, some of which are beyond the control of the Company:
new technological innovations;
speculation, recommendations, perceptions or estimates by analysts regarding the market price of the Tokens or the financial and business performance of the Company;
Changes in the market valuations and token prices of companies with similar businesses to that of the Company, which may be listed on the same cryptocurrency exchanges or markets as the Tokens;
Announcements of significant events by the Company, such as partnerships, sponsorships or new product developments;
Fluctuations in market prices and trading volumes of cryptocurrencies on cryptocurrency exchanges or markets;
Additions or departures of key personnel of the Company;
Success or failure of the Company’s management in implementing business and growth strategies; and/or
changes in conditions affecting the blockchain or financial technology industry, general economic conditions or market sentiment; or other events or factors.
15. risks relating to the Company and the WeSendit platform.
The WeSendit platform is subject to further development. Any events or circumstances that adversely affect the Company or any of its affiliates may have a corresponding adverse effect on the WeSendit Platform, which is in the process of further development, including but not limited to the development and structuring of the WeSendit Platform. Such adverse effects would have a corresponding impact on the utility, liquidity and trading price of the WeSendit Token. The Company or its affiliates may be materially and adversely affected if it is unable to effectively conduct its business as its business develops and evolves, which would directly impact its ability to develop, maintain or operate the WeSendit Platform and/or develop, structure and/or license token features.
The financial technology and cryptocurrency industries in which the Company competes have grown rapidly in recent years and continue to evolve in response to new technological advances, changing business models, changing regulations and other factors. As a result of this ever-changing environment, the Company may encounter operational difficulties in adapting to the changes and the sustainability of the WeSendit ecosystem will depend on the ability of the Company or its affiliates to manage its operations, ensure that it hires qualified and competent staff and adequately train its personnel. As WeSendit evolves, the Company and/or its affiliates will also need to expand and adapt their operational infrastructure. WeSendit will rely in part on its blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology. All of these systems, tools and capabilities represent a complex, costly and rapidly changing technical infrastructure. In order to demonstrate its ability to effectively manage the technical support infrastructure for the WeSendit Platform as it evolves and the future functionality of the Tokens, the Company and/or its affiliates will need to continue to upgrade and improve its data systems and other operational systems, procedures and controls. These upgrades and enhancements will require a commitment of resources and are likely to be complex and increasingly rely on hosted third-party services that the Company and/or its affiliates will not control or have control over. If the Company and/or its affiliates are unable to adapt its systems and organisation to changing circumstances in a timely, efficient and cost-effective manner, it may have an adverse effect on its business, financial condition and/or results of operations. If third parties on which the Company and/or its affiliates rely suffer a security breach or otherwise experience disruptions affecting the services used by the Company and/or its affiliates, the integrity and availability of its internal information could be compromised, resulting in the loss of confidential or proprietary information and/or economic loss. The loss of financial, labour or other resources and any other adverse effect on the financial condition and/or operations of the Company and/or its affiliates would have a direct adverse effect on the ability of the Company and/or its affiliates to develop, maintain or operate the WeSendit Platform and/or to develop, structure and/or license the anticipated Token functionality. Any adverse impact on the WeSendit Platform or technology is also likely to have a negative impact on the utility, liquidity and trading price of the WeSendit Token. The Company may experience system failures, unplanned interruptions to its network or services, hardware or software defects, security breaches or other causes that could adversely affect the Company’s infrastructure network and/or the WeSendit Platform as it is developed.
The Company and/or its affiliates cannot predict when hacks, cyber-attacks, distributed denials of service or errors, vulnerabilities or defects will occur in the WeSendit Platform being further developed, in the smart contracts on which the Company and/or its affiliates or the WeSendit Platform rely or in the Binance Smart Chain or any other blockchain. Such events may include, for example, errors in programming or source code leading to their exploitation or misuse. The Company and/or its affiliates may not be able to detect such hacks, cyber-attacks, distributed denial of service errors, vulnerabilities or defects in a timely manner and may not have sufficient resources to efficiently manage multiple service incidents occurring simultaneously or in rapid succession.
The Company’s and/or its affiliates’ network or services, which include the WeSendit platform under development and, if successfully structured, developed, licensed and launched, the Token functionality, could be disrupted by numerous events, including natural disasters, equipment failures, network connectivity downtime, power outages or even intentional disruptions to its services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond the control of the Company and/or its affiliates. There can be no assurance that cyber-attacks, such as distributed outages, will not be attempted in the future or that the Company’s and/or its affiliates’ security measures will be effective. The Company and/or its affiliates may be vulnerable to attacks on its infrastructure designed to steal information about its technology, financial data or user information or to take other actions that would harm the Company and/or the holders of the Tokens. Any material breach of the Company’s and/or its affiliates’ security measures or other disruptions that result in an impairment of the usability, stability and security of the WeSendit Platform as it is further developed may adversely affect the utility, liquidity and/or trading price of the Tokens.
The Company and/or its affiliates may be partially dependent on the location and data centre facilities of third parties in the future. The Company’s and/or its affiliates’ future infrastructure network may be built in whole or in part through servers it owns and/or places at third party sites and/or servers it leases at third party data centres. If the Company and/or its affiliates are unable to renew their data centre leases on commercially reasonable terms, or at all, the Company and/or its affiliates may be forced to relocate its servers to a new data centre, which could involve significant costs and possible disruption of services. These facilities are also susceptible to damage or interruption from, among other things, natural disasters, arson, terrorist attacks, power outages and telecommunications failures. In addition, the third party providers of such facilities may experience security breaches due to the actions of third parties, employee error, misconduct or other causes and third parties may gain unauthorised access to the data on such servers. The Company and/or its affiliates and the providers of such facilities may not be able to anticipate these techniques or take appropriate preventive measures.
General global market and economic conditions may adversely affect the operating performance, results of operations and/or cash flows of the Company and/or its affiliates. The Company and/or its affiliates may continue to be affected by general global economic and market conditions. Difficult economic conditions worldwide have from time to time contributed to a slowdown in the information technology industry as a whole and may continue to do so. Economic weakness could adversely affect the business, operations and financial condition of the Company and/or its affiliates, including a decline in revenues and operating cash flows and the inability to obtain future equity and/or debt financing on commercially reasonable terms. In addition, in an economic downturn, the Company and/or its affiliates could experience the negative impact of a slowdown in the trading and use of the WeSendit Platform, which is being further developed, and could delay or cancel the development, structuring, licensing and/or launch of the anticipated token functionality.
Suppliers on which the Company and/or its affiliates rely for servers, bandwidth, location and other services could also be negatively impacted by economic conditions, which in turn could negatively impact the Company’s and/or its affiliates’ operations or expenses. Accordingly, there can be no assurance that current economic conditions or any deterioration in economic conditions or a prolonged or recurring recession will not have a material adverse effect on the Company’s business, financial condition and results of operations and, consequently, on the WeSendit Platform as it is further developed and/or on its ability to develop, structure, license and/or launch Token features. Any of these circumstances would have a corresponding negative impact on the utility, liquidity and/or trading price of the Tokens.
The Company and/or its affiliates or the Tokens may be affected by newly introduced regulations. Distributed ledger technologies, businesses and activities, as well as cryptocurrencies and cryptocurrency-related businesses and activities, are generally unregulated around the world, but numerous regulators in various jurisdictions have commented on the introduction of regulatory regimes governing distributed ledger technologies, businesses and activities, as well as cryptocurrencies and cryptocurrency-related businesses and activities. The Company and/or its affiliates or the Tokens may be affected by newly introduced regulations relating to distributed ledger technologies, businesses and activities and cryptocurrencies and cryptocurrency-related businesses and activities, including the need to take action to comply with such regulations or to deal with enquiries, notices, requests or enforcement actions from regulators, which may involve significant costs and may also require significant changes to the WeSendit Platform, which is being further developed, and/or the expected Token functionality. This may affect the attractiveness, practicability or functionality of the WeSendit platform being further developed and/or the expected token functionality for users and result in lower usage and demand for the WeSendit Premium & “Pay as you Go” offerings and the tokens. If the costs (financial or otherwise) of complying with such newly introduced regulations exceed a certain threshold, the maintenance of the WeSendit infrastructure being further developed and/or the development, structuring, licensing and/or launch of the Token functionality may no longer be economically viable and the Company and/or its affiliates may decide to discontinue the WeSendit network being further developed and/or the expected Token functionality and/or the Tokens. In addition, it is difficult to predict how or if governments or regulators will make changes to laws and regulations that affect distributed ledger technology and its applications, including the WeSendit platform being further developed and/or the anticipated token functionality and/or tokens.
The Company and/or its affiliates could also be forced to cease operations in a jurisdiction that makes it illegal to operate in that jurisdiction or makes it economically unviable or undesirable to obtain the required regulatory approval(s) to operate in that jurisdiction. In scenarios such as the foregoing, the utility, liquidity and/or trading price of the Tokens will be adversely affected and/or trading in Tokens may cease.
16. the Tokens may involve unforeseen risks.
Cryptographic tokens such as the Tokens are a relatively new and dynamic technology. In addition to the risks included in the discussion of risk factors above, there are other risks associated with the purchase, ownership and use of the Tokens, including risks that the Company and/or its affiliates cannot anticipate. Such risks may also arise as unforeseen variations or combinations of the risks described above.
17. legal effect of this disclaimer
The presentation of the available information is for informational purposes only. Anyone interested in purchasing Tokens and participating in the WeSendit Token Sale should consider the various risks involved before making any decision in relation to the Token Sale. The Available Information does not constitute advice by the Company or any of its affiliates or a recommendation to any recipient of the Available Information, whether as a result of participation in the Token Sale or otherwise. The Available Information does not necessarily identify or purport to identify all risk factors associated with the Company, the WeSendit Platform being developed, the Tokens, the Token Sale, any future Token functionality or the Available Information. All participants must make their own independent assessment of the merits of participating in the Token Sale, having conducted such research and sought their own independent professional advice as they consider material. Each participant in the Token Sale should consult with and rely on its own investment, accounting, legal and tax representatives and advisors with respect to such matters involving the Company, the WeSendit Platform being developed, the Tokens, the Token Sale, any future Token functionality and the Available Information to separately assess the financial risks, consequences and appropriateness of purchasing Tokens or if it has any doubts about the facts set out in the Available Information. The purchase of Tokens involves substantial risks and may involve extraordinary risks that could result in the loss of all or a substantial portion of the funds or monetary value used to purchase Tokens. Participants in the Token Sale are urged to fully understand, be aware of and accept the features of the Company, the evolved WeSendit, the Tokens, the Token Sale, any future Token functionality and the information available. If you are not prepared to accept some or all of these terms or the risks set out in these terms, you are urged not to participate in the Token Sale. The Company or any of its affiliates makes no warranty or representation that the Company’s proposals, objectives and/or results set out in the available information will be achieved in whole or in part. You are urged to consider whether participation in the Token Sale is suitable for you in light of your personal and financial circumstances and your financial resources. This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
WeSendit Media AG Legal domicile: Zug, Switzerland https://wesendit.io https://wesendit.com
18. restrictions on the distribution and dissemination of the available information
The distribution or dissemination of all or part of the Available Information may be prohibited or restricted by the laws, regulatory requirements and rules of certain jurisdictions. In cases where such a restriction applies, you are responsible for informing yourself and complying with any such restrictions applicable to your possession and/or distribution of all or part of the Available Information at your own expense and without liability to the Company and/or its affiliates. Any person to whom a copy of all or any part of the Available Information has been distributed or disseminated, who has been given access to the Available Information or who is otherwise in possession of the Available Information must not disclose it to any other person, reproduce or otherwise disseminate the information contained therein for any purpose and must not permit or cause the same to be done.
19. no offer of securities or registration
The White Paper does not constitute a prospectus or offering document of any kind and is not intended as an offer of securities or a solicitation of an investment in securities in any jurisdiction. No person is under any obligation to enter into any contract or binding legal commitment and no cryptocurrency or other form of payment may be accepted on the basis of all or any part of the information available. Any agreement relating to the sale and purchase of Tokens shall be subject to the terms and conditions of this Agreement and no other document. In the event of any inconsistency between the terms of this Agreement and the Available Information, the terms of the Agreement shall prevail. You are not eligible to purchase Tokens in the Token Sale if you are a citizen, resident (for tax purposes or otherwise) or green card holder of a Restricted Jurisdiction or if you are a Restricted Person. No regulatory authority has reviewed or approved any of the available information. No such action has been or will be taken under any law, regulatory requirement or regulation of any jurisdiction. The publication, distribution or dissemination of the Available Information does not imply compliance with any applicable law, regulatory requirement or regulation.