Legal Info
Crypto-Asset Type and Functionality:
Utility Token (DAO Governance). Functionality available at the time of issuance.
Purchaser rights and obligations:
Proposing and Voting on DAO governance proposals.
Representations:
The Participant is capable of fully evaluating the merits and risks of purchasing the Tokens. The Participant is fully able to bear the risks associated with the Token Sale and agrees to bear such risks. Furthermore, the Participant has sufficient technical understanding of cryptographic tokens, network protocols, smart contracts, token storage mechanisms, and distributed networks or distributed ledger technology in general to understand the terms of this Token Sale, and to appreciate the risks and implications of entering into this Token Sale.
THE PARTICIPANT UNDERSTANDS AND EXPRESSLY ACCEPTS THAT THE TOKENS WILL BE CREATED AND DELIVERED TO THE PARTICIPANT AT THE SOLE RISK OF THE PARTICIPANT ON AN “AS IS,” “UNDER DEVELOPMENT” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.
The Participant understands and expressly accepts that the Participant has not relied on any representations or warranties made by VitAubrAI outside of this Token Sale , including, but not limited to, conversations of any kind, whether through oral or electronic communication (including any communications on social media, which includes, but is not limited to Telegram, Discord, WhatsApp, and X), or any white paper, offering memorandum, or other document. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PARTICIPANT ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY TOKENS AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY VITAUBRAI, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE TOKENS.
THE PARTICIPANT ACKNOWLEDGES THAT THE INFORMATION INCLUDED IN THIS TOKEN SALE CONSTITUTE SUFFICIENT INFORMATION FOR THE PARTICIPANT TO MAKE AN INFORMED PURCHASE DECISION. THE PARTICIPANT ACKNOWLEDGES THAT IT HAS BEEN ADVISED TO CONSULT WITH, AND HAS CONSULTED WITH, THE PARTICIPANT’S OWN ATTORNEY, ACCOUNTANT, TAX ADVISOR, AND INVESTMENT ADVISOR WITH RESPECT TO THE PURCHASE OF THIS TOKEN SALE AND THE TOKENS. ANY SPECIFIC ACKNOWLEDGMENT WITH RESPECT TO ANY STATEMENT CONTAINED IN THIS SECTION SHALL NOT BE DEEMED TO LIMIT THE GENERALITY OF THIS REPRESENTATION AND WARRANTY.
The Participant understands that Participant has no right against VitAubrAI or any other Person except in the event of VitAubrAI’s breach of this Token Sale, gross negligence or intentional fraud. VitAubrAI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS TOKEN SALE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE PURCHASE AMOUNT. NEITHER VITAUBRAI NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS TOKEN SALE.
The Participant understands that Participant bears sole responsibility for any taxes as a result of the matters and transactions contemplated by this Token Sale , and any future acquisition, ownership, use, sale or other disposition of Tokens by the Participant. This includes the tax implications associated with any determination (including those by VitAubrAI or any tax authority) that this Token Sale or any Token represents a security, a right to a security, an asset or commodity, a right to an asset or commodity, a utility or use right, or other non-security Token Sale. To the extent permitted by Law, the Participant agrees to indemnify, defend and hold VitAubrAI or any of its affiliates, directors, officers, employees or agents (including developers, auditors, contractors or founders) harmless for any claim, liability, assessment or penalty with respect to any taxes (other than any net income taxes of VitAubrAI that result from the issuance of Tokens to the Participant, or associated with or arising from the Participant’s purchase of Tokens hereunder, or the use or ownership of Tokens.
Specific Risk Representations:
1. Risks Associated with the Issuer of the Crypto-Assets
The financial stability and operational continuity of the issuer are essential to the success of the project. Potential risks include:
Financial Risk: The issuer may not generate sufficient revenue or funding to sustain operations, leading to reduced capacity to support the project.
Governance Risk: Key decisions depend on the issuer’s management team. Mismanagement, internal conflicts, or lack of expertise could negatively affect the project.
Legal and Regulatory Risk: Changes in applicable laws or enforcement actions against the issuer may restrict or prevent the issuer from carrying out its activities.
Reputation Risk: Negative publicity, market perception, or loss of trust in the issuer could undermine adoption and Token value.
2. Risks Associated with the Offer and/or Admission to Trading
The process of offering or listing the Token carries specific risks:
Offer Execution Risk: Technical or administrative errors during the Token sale may lead to failed transactions, loss of funds, or allocation disputes.
Market Access Risk: Admission to trading is not guaranteed and depends on trading venue decisions and compliance with their listing requirements.
Liquidity Risk: Even if admitted to trading, there is no guarantee of active secondary markets. Tokenholders may be unable to sell their Tokens at desired prices or within a reasonable timeframe.
Regulatory Risk: National competent authorities may impose restrictions on the offer or trading of the Token, including suspension or delisting.
3. Risks Associated with the Crypto-Assets
The Token itself has inherent risks that may impact holders:
Utility Limitation Risk: The Token’s utility may not materialize as planned, or the features may be delayed, reduced, or limited in scope.
Valuation Risk: As a utility Token, the Token does not represent ownership or profit rights. Its value may fluctuate significantly based solely on supply, demand, and perceived utility.
Concentration Risk: If large allocations are held by a small number of holders, they may exert disproportionate influence on Token price and circulation.
Transferability Risk: Technical or regulatory restrictions could limit the ability to transfer or exchange Tokens.
4. Risks Associated with Project Implementation
Execution of the project roadmap depends on internal and external factors:
Development Risk: The project may face delays in development, scaling, or delivery of promised functionalities.
Dependency Risk: The project may depend on third-party service providers (e.g., infrastructure, cloud hosting, custodians) whose failure could impact project operations.
Funding Risk: The proceeds from the Token offer may not be sufficient to achieve stated milestones, leading to scope reductions or abandonment of certain features.
Operational Risk: Inadequate internal processes, staffing shortages, or misallocation of resources could negatively affect project outcomes.
5. Risks Associated with the Technology Used and Mitigation Measures
The underlying blockchain and related technologies carry inherent risks:
Smart Contract Risk: Vulnerabilities in Token or protocol smart contracts could be exploited, resulting in financial loss or disruption of services.
Mitigation: Contracts are subject to third-party security audits prior to deployment.
Blockchain Risk: The Token depends on the stability and security of the underlying blockchain. Network failures, forks, or consensus attacks could impact Token functionality. Mitigation: The project uses a widely adopted blockchain with a strong validator community.
Cybersecurity Risk: Unauthorized access, hacks, or phishing attacks could compromise wallets, user data, or project infrastructure.
Mitigation: Multi-signature wallets, penetration testing, and ongoing monitoring are implemented.
Scalability and Performance Risk: High transaction volumes may cause congestion or higher fees, reducing usability.Future upgrades and integration with scaling solutions are being explored.
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