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Terms of Service

BY ACCESSING THE SERVICES PROVIDED BY COLLYPTO TECHNOLOGIES, INC. (“SITE”), THE USER ACKNOWLEDGES THE USER’S AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”). IF THE USER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN THEY SHALL NOT ACCESS THE SITE.

I. CTI reserves any rights not expressly granted herein.

A. License Grant

Collypto Technologies, Inc. (“CTI”) as author of Collypto, a blockchain tradeable flatcoin collateralized using a tokenized index composed of real estate and commodities (“Collypto”) and makes Collypto available on the Site grants User a non-transferable, non-exclusive license to use the information, images and other content contained on the Site (the Materials), solely for User’s own personal use, only with one central processing unit at any one time. CTI and/or CTI’s licensors retain all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. User shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. User agrees not to remove any proprietary rights notices of CTI and/or its licensors from the Materials.

B. Restrictions

The Materials do not include the design or layout of CTI’s Site. Elements of any web pages on the CTI Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part; no logo, graphic, sound, or image from any such web pages may be copied or retransmitted unless expressly permitted by CTI. The use of the Site and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege, as further provided herein.

C. Use of Site

Users who comply with the Terms of Service are granted a limited right to use the Site and use thereof is personal to the User, restricted, non-exclusive, non-transferable, and revocable.

D. Exclusivity and Ownership of Material

The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without CTI’s prior written consent. Except as expressly provided herein, CTI does not grant any express or implied right to User under any copyrights, trademarks, patents or trade secret information. The Materials published by CTI on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by CTI or third parties. Nothing contained herein shall be construed as granting to User a license under any copyright, trademark, patent or other intellectual property right of CTI or any third party, except for the right of use license expressly set forth above in these terms and conditions. Products and services referenced herein are protected by either trademarks or registered trademarks of CTI. Other product and company names mentioned herein may be protected by the trademarks of their respective owners.

II. Collateral Assets

CTI issues and redeems Collypto tokens which are backed by CTI’s Collateral Assets. The Collateral Assets are the sole property of CTI used exclusively to collateralize credits in circulation and does not transfer to the User any ownership thereto.  CTI will not loan collateral to third parties. The Collateral Assets of the Collypto Asset Pool are used exclusively to collateralize circulated credits not for operating expenses other than those directly required for their issuance, redemption, maintenance.

III. Collypto Index

The Collypto Index contains allocations of publicly traded intrinsic value assets in the categories of real estate, materials, food, precious metals, and energy. CTI uses the Collypto Algorithm and supporting applications to approximate the Collypto Index to but makes no guarantees given the factors that can impact its value including but not limited to tracking error, allocation corridor margins, AUM fractionalization limitations, or practical ramifications of real-time trading pertaining to the accumulation and distribution of collateral assets.

IV. Publication of Collateral Asset Holdings

Commencing the first business day of the month after CTI’s initial issuance of credits, CTI will publish a monthly summary of its Collateral Assets holdings detailing the name, ticker, asset pool percentage, and dollar value of each asset as of the last business day of the previous month.

V. Redemption of Credits

Users may seek redemption of credits through CTI’s automated process to initiate CTI’s removal of the User’s credits from circulation in exchange for their fair market value in either fiat currency or an equivalent amount of a reputable stablecoin chosen at the discretion of CTI. When credits are redeemed, CTI sells a corresponding amount of collateral assets in the asset pool, utilizing the Collypto Algorithm to determine exactly what and how much to sell. A payment is then made to the seller, based on the current market value of their credits. Redeemed credits may be burned or stored as blanks in a Collypto Vault. CTI requires a waiting period of three (3) business days to redeem credits pending user verification and other due diligence in an effort to reduce the likelihood of fraud. Upon redemption, funds will only be released to verified United States bank accounts or a verified Ethereum account owned by the User.

VI. Fee Schedule

CTI maintains a fee schedule that is updated from time to time.

VII. User Status

A User may be assigned various statuses at the discretion of CTI including Unknown, Pending, Verified, Suspect, and Blacklisted. Users shall not allow others to use their Verified Medallion account. Allowing another to access a User’s Verified account, accessing a Verified account that does not belong to a User, or misrepresenting one’s identity to obtain a Medallion account is prohibited and may result in blacklisting and legal action.  CTI retains sole discretion to revoke or amend a User’s status.

VIII. Prohibited User Conduct

CTI reserves the right to blacklist accounts for any violation of the Terms of Service including retroactively. Violations of the Terms of Service are determined at the sole discretion of CTI and may include any of the following:

  1. Attempts, whether successful or unsuccessful, to copy, reverse engineer, translate, port, modify or make derivative works of the Materials;
  2. Attempts, whether successful or unsuccessful, to rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement;
  3. User shall not derive or attempt to derive the source code, source files, or structure of all or any portion of any off-chain code including by reverse engineering, disassembly, decompilation, or any other means. User may use any on-chain code in accordance with their published licenses.
  4. User shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities;
  5. User shall not issue or claim to issue medallions, VCS services, or other exclusive CTI services as a third-party provider without express, written permission from CTI;
  6. User shall not attempt to violate, evade, circumvent, aid, or abet in the violation, evasion, or circumvention of any applicable law;
  7. Use of any Collypto that has been unlawfully obtained by the User;
  8. Taking advantage of any technical malfunction, failure, or security breach of the Site;
  9. Falsification of account or any information to obtain an account;
  10. Providing misleading or inaccurate information to CTI or omitting to provide material information in the creation or maintenance of a User’s account;
  11. Attempting or causing injury or harm to any third party through the use of the Site;
  12. Possessing more than one (1) account for the CTI user account on the Site;
  13. Registering for an account if under the age of eighteen (18);
  14. Registering for an account in an attempt to conceal or disguise your assets that may be related to a crime or investigation for a crime; or
  15. Any other actions that are or could be determinantal to CTI or its users.

In addition to the above, CTI may blacklist accounts belonging to any nation, group, institution, or other entity that may be subject to government sanctions or affiliated with a suspected terrorist organization under applicable law.

IX. Risk of Loss and No Warranty

Collypto operates as a currency rather than as an investment. Due to the speculative nature of digital currency, User understands, acknowledges, and accepts full responsibility for any risk of loss. CTI does not guarantee any specific rate of return relative to other currencies. User is responsible for any loss of the User’s assets due to breaches in security of the User’s blockchain accounts or stored tokens. CTI will make its best effort to return lost or stolen credits. CTI AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THE SITE FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. USER ASSUMES THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NON-COMFORMITIES, DEFECTS, OR ERRORS. CTI AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. User is obligated to do their own due diligence on the benefits and risks of using the Site. CTI makes no recommendations as to the suitability of the Site for any particular purpose and does not provide investment advice.

X. Limitation of Liability

IN NO EVENT SHALL CTI AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS OR THE INABILITY TO USE DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY OTHER INFORMATION AVAILABLE FROM THE SITE. CTI will make best efforts, including cooperation with law enforcement and judicial functions, to recover stolen funds from compromised registered accounts but can make no guarantees. Although an account may be validated and CTI maintains an account validation process provided by the Collypto Validator, this is a support feature only and does not guarantee recourse, recovery, or indemnification of Users. User has an obligation to mitigate its own risk including by employing all reasonable security measures to protect Users’ property, privacy, security, and personal information, and to mitigate the likelihood of a third-party using User’s information without User’s knowledge. User agrees to release CTI from any liability for any losses and indemnifies and holds CTI harmless for such losses including but not limited to losses based on contract, tort, or criminal law.

XI. General

A. Errors and Corrections

The materials published on this site may contain technical inaccuracies or typographical errors. CTI may make changes, amendments, and improvements, that may expand or restrict a User’s rights under these Terms of Service at any time or times and it is the User’s responsibility to check the Terms of Service and the Site periodically.

B. Links to Third Party Sites

Any links to information outside the Collypto domain are not under the control of CTI and CTI is not responsible for such content. Such links are provided to User only as a convenience, and the inclusion of any link does not imply endorsement by CTI of the site.

C. Modification

CTI reserves the right to discontinue or modify any of the information contained on the Site at any time. CTI shall have the right to modify these terms and conditions at any time. The User may not assign any part of this Agreement without CTI’s prior written consent.

D. Law

This site is subject to Delaware law, United States of America. CTI makes no representation that the Materials are appropriate for use in other locations. If User accesses the Site from other locations, User is responsible for compliance with local laws. User agrees to comply with all applicable laws in using this service or the information contained herein. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

E. Taxes

User shall pay any taxes on the information or transactions, except for those based on CTI’s annual net income.

F. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.

G. Privacy

All private User information is maintained in CTI’s off-chain repository. Status values associated with Ethereum accounts represent only publicly available status and will not contain any private user information.

H. Waiver

No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right.

I. Force Majeure

CTI is not responsible for any damages due to acts of God, war, disaster, fire, labor dispute, riot, embargo, financial system collapse, digital currency collapse, power failure, market volatility, internet disruptions, cyber attacks, criminal acts, or interruptions that cannot be reasonably foreseen and are out of CTI’s control.

J. Notice

Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to CTI at: 8 The Green, Suite 4000, Dover, DE 19901.

K. Arbitration

The User irrevocably waives any right to a jury trial to the fullest extent permitted by applicable law. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third.  The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

L. Law Enforcement and Court Orders

CTI responds to reasonable and necessary requests for information from law enforcement agencies and courts.

M. Amendment

CTI reserves the right to amend the Terms of Service at any time or times without prior notice to its Users. Users should check the Site often and review the Terms of Service and related materials as they may be amended at any time or times.

N. Incorporation by Reference

CTI incorporates by this reference its Cookies Policy, Fee Schedule, Collypto User Status Options, and Collypto Policies and Procedures as they may be amended from time to time without notice and at the sole discretion of CTI.

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