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Terms of Use

 

Last revised: May 25, 2024

These Mineral Vault I Ltd Terms of Use (hereinafter – the “Terms of Use” or “Terms”) apply to and govern your permitted users’ access to and use of the Plume Network-based application and the company website (collectively, the “Platform”) and the services and tools made available on the Platform (collectively, the “Services”).

These Terms form the agreement between Mineral Vault I Ltd (“Company”, “we”, “us”, “our”) and you as a physical person or the legal entity which you represent (“you” or “your”), and constitute a binding legal agreement. ‍

Please read these Terms of Use carefully, as they govern your use of our Services, and expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to such use. By using the Services, you accept and agree to be bound by and to comply with these Terms of Use. If you do not agree to these Terms of Use, you must not access or use our Services.

‍SECTION 1: Definitions 

For clarity and understanding, the terms listed below shall have the following meaning:

“Account” – a user account assigned to you after completion of the registration procedure, available via https://www.mineralvault.io/.

“Affiliate” means, concerning a party to these Terms of Use, any legal entity that, directly or indirectly controls, is controlled by or is under common control with such party.

“Applicable Law” has the meaning set out in Section 12.

“Ethereum” – means the native token of the Plume Network that may be used to purchase computational resources to run decentralized applications or perform actions on the Plume Network Blockchain, which is a Layer 2 blockchain.

“Plume Network Blockchain” – means the underlying blockchain infrastructure that Company utilizes to provide its Services.

“Governmental Authority” includes any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial, or administrative authority.

“Investor” – a user who has a registered Account, has access to the Platform, and utilizes the Services to purchase a portion of Mineral Vault I Security Tokens or any other Mineral Vault-affiliated token.

“Services” has the meaning set out in article 3.1 below.

“Mineral Vault I Security Token”, “MVIST Security Token”, “MVIST” – a security token which is a form of Company’s digital non-voting shares, which can be purchased by the Investors via Platform (the terms of which are more fully set out in Memorandum).

“Usage Fees” has the meaning set out in article 3.2 below.

SECTION 2: Modifications To The Company’s Terms

We reserve the right, in our sole discretion, to modify Terms from time to time. Any and all such modifications are effective immediately upon posting. By clicking “I Agree” to any modified terms or by continuing to access or use the Services, you accept and agree to be bound to the modified terms. You agree to frequently review the Terms to ensure that you are aware of any such modified terms.

SECTION 3: Company’s Platform Services & Fees

3.1 Company’s Platform will provide a set of instruments that allows you to purchase and utilize our tokenized securities via the Platform. The mentioned Services consist of the following actions and items (though not limited to them):

  • tools to validate yourself as an investor, including but not limited to completion of our Know Your Customer (“KYC”) procedures;
  • tools to purchase our Mineral Vault I Security Token or any other token which has been mentioned on the website and enjoy other available services.

3.2 Usage Fees – We may charge fees to you in consideration of your use of certain Services, including, but not limited to, access to the Platform. The details of the Usage Fees, including the amount of each Paid Service costs, when Usage Fees apply and how they are calculated can be found on the website. Company reserves the right to change the Usage Fees at any time, and will provide you with a notice of any such fee changes before they become effective.

3.3 Acceptance of payment – notwithstanding the amount of tokens you have indicated in the appropriate line on the Platform, we will transfer you tokens only in the amount that you have paid for, meaning that if there is a discrepancy between the amount of tokens that you put in the appropriate line on the Platform and the amount of money you have paid, we will transfer you an amount of tokens equal to the amount of received payment.

3.4. Return of payments – Please note, that we will transfer your funds back in the following cases:

  • if you have provided payment in the amount which is less than the established minimum cap for token purchase;
  • if you have provided payment via any bank, wallet address or other payment instrument which is different from the whitelisted one during the registration procedure;
  • in the event that you fail to complete any KYC procedure required or undertaken Company at any time (including, without limitation, any KYC procedure required or undertaken subsequent to any initial KYC procedure pursuant to which Company requires any additional or updated documentation);
  • in the event that the company determines that the minimum aggregate subscription amount will not be reached for the entire issue of which the tokens you purchased are a part;
  • for any other reason which Company determines makes you an unsuitable investor.

3.5. Plume Network Gas Charges – Some Services involve the use of the Plume Network Blockchain, which may require you to pay a fee, commonly known as “Plume Network Gas Charges”, for the computational resources required to perform a transaction on the Plume Network Blockchain. You acknowledge and agree that neither the Company nor any of its Affiliates have any control over: (a) any Plume Network Blockchain transactions; (b) the method of payment of any Plume Network Gas Charges; or (c) any actual payments of Plume Network Gas Charges. Accordingly, you must ensure that you have a sufficient balance of Ethereum stored at your Plume Network Address to complete any transaction on the Plume Network Blockchain before initiating such Plume Network Blockchain transaction. We will make reasonable efforts to notify you of any Plume Network Gas Charges before initiating any Services that require the use of the Plume Network Blockchain.

SECTION 4: Account

4.1 Account – You must have a registered account on our website to use the Services. During registration, to create an Account, we will ask you to provide certain information, including, but not limited to: your name, your physical address, your email address, and/or your blockchain address.

4.2 Your Responsibilities – As a condition to accessing or using the Services, you shall:

  • only use the Services for lawful purposes and under these Terms of Use;
  • ensure that, at all times, all information that you provide for the Services, including the information in your Account, is complete and accurate;
  • maintain the security and confidentiality of your Account and the Plume Network blockchain Address.

4.3 Unacceptable Use or Conduct – As a condition to accessing or using the Services, you will not:

  • violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing regimes;
  • infringe on or misappropriate any contract, intellectual property, or other third-party rights using the Services;
  • use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • attempt to circumvent any content filtering techniques or security measures that Company employs for the Services, or attempt to access any service or area of the Services that you are not authorized to access;
  • use any malware or other automated means not provided by us, to access the Services or to extract any data which can be gained utilizing the Services;
  • use or attempt to use another user’s Account without authorization;
  • post content or communications using the Services that we, in our sole discretion, consider to be libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  • use the Services from a jurisdiction that we have, in our sole discretion, or a relevant Governmental Authority has determined in their discretion, is a jurisdiction where the use of the Services is prohibited;
  • encourage or induce any third party to engage in any of the activities prohibited under this Section 4.3.

4.4 Your Assumption of Risks – You represent and warrant that you:

  • have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any tokens, including Mineral Vault I Security Token, that you decide to interact with;
  • have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under Applicable Law of any security token activity you engage in and are able to incur a complete loss of any amounts invested using the Platform without impairing your financial condition;
  • know, understand and accept the risks associated with your blockchain Address, the Plume Network blockchain, the Mineral Vault I Security Token, and any other Mineral Vault-affiliated tokens you choose to interact with;
  • accept the risk of purchasing any Mineral Vault-affiliated tokens, including the Mineral Vault I Security Tokens, and exchanging them and otherwise utilizing the Services, and are responsible for conducting your own independent analysis of the risks specific to your use of the Services;
  • understand and accept that the Services are software applications consisting of code subject to flaws and that you acknowledge that you are solely responsible for evaluating any code provided and for evaluating the functioning of any Services accessed without any liability to the Company.

4.5 Account Activities – You acknowledge and agree that you will be bound by, and hereby authorize Company to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Account, regardless of whether such access is authorized or unauthorized. You further acknowledge and agree that Company will not be liable for any of its actions that you have authorized it to take.

SECTION 5: Privacy Notice

Please refer to our Privacy Notice for information about how we collect, use, and share your information.

SECTION 6: Proprietary Rights

6.1 Ownership of Services – Excluding any open-source software or third-party licensed software that the Services incorporate, Company owns the Services, including all technology, content, intellectual property objects and rights in them and other materials used, displayed or provided on or in connection with the Services.

6.2 License; Open Source Software License; Limitations – The source-code for our Services are governed by the source-code license available on GitHub repository available via the link https://github.com/StoboxTechnologies and any other applicable licensing terms for the Services mentioned in these Terms. You acknowledge that the Services may use, incorporate, or link to certain open-source components and that you will comply with any applicable open-source licenses that govern any such open-source components.

6.3 Trademarks – Any of our product or service names, logos, and other marks used in or as a part of the Services, including our name and logo are trademarks owned by Company, its Affiliates, or its applicable licensors. You may not copy, imitate or use them without our (or the applicable affiliate’s or licensor’s) prior written consent.

SECTION 7: Changes, Suspension, & Termination

7.1 Changes to Services – We may, at our sole discretion, from time to time and without prior notice to you, modify, suspend or disable, temporarily or permanently, the Services, in whole or in part, for any reason whatsoever.

7.2 No Liability – We will not be liable for any losses suffered by you resulting from any modification to any Services or from any suspension or termination, for any reason, of your access to all or any portion of the Services.

7.3 Effect of Termination – In the event we terminate your Account or your complete access to the Services, we may delete or suspend your Account and all related information and files in such Account.

SECTION 8: Communications

You agree to electronically receive all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that we provide in connection with these Terms of Use, your Account, or any Services. You agree that we may provide our Communications to you by, in our sole discretion, posting them on our website or by emailing them to you at the email address linked to your Account.

SECTION 9: Indemnification

You will defend, indemnify, and hold harmless us, our Affiliates and our Affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including, without limitation, reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Services; (b) the transfer of your tokens to third parties; (c) any Blockchain assets associated with your Plume Network Address; (d) any feedback or user content you provide when accessing the Services, if any; (e) your violation of these Terms; or (f) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Company (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms.

SECTION 10: Limitation Of Liability

10.1 To the maximum extent permitted under Applicable Law, the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Services (including any data relating thereto) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Services are correctable or will be correctable.

10.2 You acknowledge that your data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

10.3 The disclaimer of implied warranties contained herein may not apply if and to the extent, such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which we reside.

SECTION 11: Exclusion Of Consequential And Related Damages

In no event shall we (together with our Affiliates, including our and our Affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Services (and any of their content and functionality), any performance or non-performance of the Services, Mineral Vault I Security Token, Platform or any other Mineral Vault-affiliated token, product, service or other item provided by or on behalf of us, whether under contract, tort (including negligence), civil liability, statute, strict liability or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms of Use or any limited remedy hereunder.

SECTION 12: Governing Law

The interpretation and enforcement of these Terms of Use, and any dispute related to these Terms of Use or the Services, will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands (BVI), as applicable, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction and you waive any objection to venue in any such court.

SECTION 13: Miscellaneous

13.1 Remedies – Any right or remedy of Company set forth in these Terms of Use is in addition to, and not in lieu of, any other right or remedy whether described in these Terms of Use, and terms incorporated by reference herein, under Applicable Law, at law or in equity.

13.2 Affiliates and Contractors – The Services may be operated or provided by us, our Affiliates, or our or our Affiliates’ respective subcontractors. To the extent that one of our Affiliates or subcontractors, is operating or providing any Services, the Affiliate or subcontractor’s provision of such Services will be under terms identical to these Terms, substituting the Affiliate or subcontractor’s name wherever we are referenced in these Terms of Use.

13.3 Non-waiver – Our failure or delay in exercising any right, power, or privilege shall not operate as a waiver thereof.

13.4 Severability – The invalidity or unenforceability of any of these Terms of Use shall not affect the validity or enforceability of any other of these Terms of Use, all of which shall remain in full force and effect.

13.5 Force Majeure – We will have no responsibility or liability for any failure or delay in performance of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

13.6 Assignment – You may not assign or transfer any right to use your Account or the Services, or any of your rights or obligations under these Terms of Use, without our prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms of Use, in whole or in part, without notice or obtaining your consent or approval.

13.7 Restrictions – We may, at any time and in our sole discretion, restrict your access to, or otherwise impose conditions or restrictions upon your use of the Services without prior notice. For example, we may restrict access to or certain transaction requests from certain locations if we have a reasonable suspicion of fraud, diminished capacity, inappropriate activity or a dispute in connection with your Account.

13.8 No Broker, Legal or Fiduciary Relationships – the Company is not a provider of a broker, legal, intermediary, agent, or advisory services and has no fiduciary relationship or obligation to you regarding any of  your decisions or activities that you affect when using the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as, any form of advice.

13.9 Headings – Headings of sections are for convenience only and shall not be used to limit or construe such sections.

13.10 Entire Agreement – These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
 

Please see the Privacy Notice and Disclaimers for additional important information about use of the website.