Terms and Conditions
The Terms and Conditions (the "T&C" ) apply to the buyer of the TOWERBEE Token ( "TBE" or "TBE Token") and future user of the TOWERBEE platform. PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING TO THE TOKEN SALE. THE T& C AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT ACQUIRE TOKENS.
By acquiring the TOWERBEETBE during the token sale period (the "Token Sale") you will be bound by these T&C, and all terms incorporated by reference. Your acquisition of TBE Tokens is subject to these T&C.
Applicability
- The following T&C constitute the agreement (the "Agreement") between Silver Bee Group, aEstonian Limited Liability Company and you (also referred to as the "User") with respect to the acquisition of the TBE and/or the future use of the services offered through the TOWERBEE platform. By using our services, you are agreeing to be bound by the T&C in its latest version. You are aware that TOWERBEE may change this T&C at any time at its sole discretion. Your continued use of the TOWERBEE platform or your continued hold of the TBE Tokens, means that you accept any new or modified terms.
Services
- TOWERBEE is an on-demand SaaS (Software as a Service) platform managed by Silver Bee Group.
- The access to the TOWERBEE platform requires the use of the TBE Token as mean of payment of the transaction fee.
The TOWERBEE Token
- In order to fund the development of the TOWERBEE ecosystem, tokens will be sold to the public in exchange of cryptocurrencies payment. The TBE token is a coin, which will allow the User to access to TOWERBEE platform at a discount. Through the Token Sale, the User acquires the contractual rights to use the TOWERBEE platform.
- Since the TBE Token are to be considered voucher for the future use of the platform, TBE Tokens are utility tokens.
- TBE Token does not have the legal qualification as a security, since it does not give any rights on dividends or interest. TBE Token is final and non-refundable. TBE Token is not a share and does not give any right to participate in the general meetings of the Company. TBE cannot have a performance or a particular value outside the TOWERBEE platform. The acquisition and use of TBE Token shall therefore not be done for speculative usage.
- TBE Token can be acquired during the Token Sale directly from the Company or after the Token Sale at the Company or an exchanger. By placing the order to acquire TBE Token and if applicable additional due diligence information you are making an offer to the Company to acquire TBE Tokens pursuant to the T&C. TowerBee will have the sole discretion to accept such offer and transfer TBE Tokens to you or reject such offer if it does not correspond the T&C or the customer due diligence requirements.
- Any future User acquiring TBE Token expressly acknowledges and represents that she/he has carefully reviewed the T&C and fully understands the risks, costs and benefits associated with the acquisition of TBE Token as indicated in the T&C.
Knowledge required
- The User undertaking to acquire TBE in relation to the Token Sale should ensure that she/he understands and has significant experience of cryptocurrencies, blockchain systems and services, and that she/he fully understands the risks associated with the Token Sale as well as the mechanism related to the use and custody of cryptocurrencies.
- TowerBee shall not be responsible for any loss of TBE Token or situations making it impossible to access to TBE Token, which may result in any actions or omissions of the future User or any person undertaking to acquire TBE.
Voluntary Know-your customer (KYC)
- There will be a KYC procedure that Users acquiring TBE for an amount over 20 (Twenty) ETH will have to perform within the TOWERBEE platform in order to contribute to the Token Sale. KYC procedure will be done on a voluntary basis.
- The User understands that her/his request to acquire TBE Token will be accepted and she/he will receive TBE only after having successfully passed through TowerBee or a third party KYC process. This means that TBE will not be distributed until the User has passed through this screening successfully. If the User fails to pass the KYC screening, the offer to acquire TBE will be rejected and she/he will not receive her/his TBE. A valid User account on TOWERBEE platform is required to receive TBE Tokens.
- If User's contributing amount together with any previous contributions for TBE Token(s) is less than the equivalent of 20 ETH, the offer to acquire TBE will be accepted and TBE will be transferred immediately without prior successful completion of KYC procedure. Nevertheless after the transfer of TBE to the User wallet, the latter will be subject to a voluntary KYC. The User will be asked to provide some personal data. Participation in this process is voluntary and not mandatory.
- Users accept that TowerBee can refuse accepting the offer to acquire TBE which is not compliant with the internal due diligence.
Risks
- Acquiring and storing TBE Token involves various risks, in particular thatTowerBee may not be able to launch its operations and develop its platform. Therefore, and prior to acquiring TBE Token, any User should carefully consider the risks, costs, and benefits of acquiring TBE within the Token Sale, and, if necessary, obtain independent advice in this regard. Any interested person who is not in the position to accept nor to understand the risks associated with the activity (incl. the risks related to the non-development of TOWERBEE platform and operations) or any other risks as indicated in the T&C, should not acquire TBE Token, at this stage or later.
Important Disclaimer
- The T&C, the white paper or any related information available on TowerBee platform shall not and cannot be considered as an invitation to enter into an investment. They do not constitute or relate in any way nor should they be considered as an offering of securities in any jurisdiction. The T&C, the white paper or any related information available on TOWERBEE platform do not include or contain any information or indication that might be considered as a recommendation or that might be used to base any investment decision. This document does not constitute an offer or an invitation to sell shares, securities or rights belonging to TowerBee or any related or associated company. TBE Token will be used as a private mean of payment once the services will be accessible and is not intended to be used as an investment.
- Any information in the T&C, the white paper or any related information available on TOWERBEE platform is given for general information purpose only and is relevant to the day it has been written and TowerBee does not provide with any warranty as to the accuracy and completeness of this information now or in the future.
- TowerBee will be an operative entity managing the TOWERBEE platform. TowerBee is not a financial intermediary and is not required to obtain any authorization for Anti Money Laundering purpose.
- Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the world. In that respect, regulatory measures, investigations or actions may affect TowerBee's business and even limit or prevent it from developing its operations in the future. Any person undertaking to acquire TBE Token must be aware that the TowerBee business model and the T&C may change or need to be modified because of new regulatory and compliance requirements from any applicable laws in any jurisdictions. In such case, any person undertaking to acquire TBE Token acknowledge and understand that neither TowerBee nor any of its affiliates shall be held liable for any direct or indirect loss or damages caused by such changes.
- TowerBee will do its best to launch its operations and develop the TOWERBEE platform. Any person undertaking to acquire TBE acknowledges and understands that TowerBee does not provide any guarantee that it will manage to achieve it.
- Acquiring TBE Token shall not grant any right or influence over TowerBee's organization and governance to the Users. These tokens will be issued by a technical process referred to as a Blockchain
. This is an open source IT protocol over which the Company has no rights or liability in terms of its development and operation. The token distribution mechanism will be controlled by a Smart Contract; this involves a computer program that can be executed on the Ethereum network or on another blockchain network that is compatible with the Smart Contract programming language. User acknowledge and understand therefore that TowerBee (incl. its bodies and employees) assumes no liability or responsibility for any loss or damage that would result from or relate to the incapacity to use the TBE Token.
- TBE Token is based on the Ethereum protocol. Therefore, any malfunction, unplanned function or unexpected operation of the Ethereum protocol may cause the TBE Token network to malfunction or operate in a way that is not expected.
- Employees of TowerBeeare allowed to operate with TBE Token at market price if they are not in knowledge of information that may modify the price of the TBE Token.
Representation and Warranties
- By participating in the Token Sale and placing the offer to acquire TBE, the User agrees to the T&C and in particular, she/he represents and warrants to the Company (and the Company when accepting the offer relies on such representations and warranties) that she/he:
- is authorized and has full power to acquire TBE Token according to the laws that apply in her/his jurisdiction of domicile;
- is not a S., China citizen, resident or entity ("Restricted Person") nor is acquiring TBE Token or signing on behalf of a Restricted Person;
- is familiar with all related regulations in the specific jurisdiction in which she/he is based and that acquiring cryptographic tokens in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind;
- is not acting for the purpose of speculative investment;
- lives in a jurisdiction which allows TowerBee to sell the TBE Token through a crowdsale without requiring any local authorization;
- does not acquire TBE Token in a jurisdiction which is qualifying token issued through a crowd sale as securities;
- will not use the Token Sale for any illegal activity, including but not limited to money laundering and the financing of terrorism;
- is solely responsible for determining whether the acquisition of TBE Token is appropriate for her/him;
- is acquiring TBE Token exclusively for use of the TOWERBEE platform;
- understands the risks associated with the Token Sale (incl. the risks related to the non-development of TOWERBEE platform and operations);
- understands the use of cryptocurrencies and its associated risks; and not lives in a jurisdiction where acquiring tokens in ICO is considered illegal or against the laws of land.
Intellectual Property Rights
- To the extent that copyright trademark or any other intellectual property rights exist in the TOWERBEE platform, such as software, know-how, analysis or programs, those existing and future copyrights and other intellectual and industrial rights (hereinafter "IP Rights") belong solely to TowerBee and its affiliated companies and you as an owner of TBE or user of TOWERBEE platform do not and will not have any related rights in such IP Rights.
Limitation of Liability
- TowerBee, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors and anyone on its behalf, assumes no liability or responsibility for any loss raised from the Token Sale or acquisition of TBE Token, arising out of or related to the use of the TOWERBEE platform or any technical, interruption or malfunction of the TOWERBEE platform.
- If any of the provisions of the T&C or of the Agreement are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.