Introduction

These Terms and Conditions (“Terms”) govern your use of the services provided by Ferrum Network and all platforms affiliated with Ferrum Network (“we”, “us”, “our”, or “Ferrum”), a foundation operating on blockchain technology and governed by a Decentralized Autonomous Organization (DAO). Please read these Terms carefully before using our services.

Services

We provide a range of services including, but not limited to, staking technology, bridging services, and multichain swap technology (“Services”). By using any of our Services, you agree to be bound by these Terms.

• GENERAL
  You agree and acknowledge that the use of the Platforms or Services solely at your own risk and responsibility and that we bear no responsibility or liability for your use of the Services including, without limitation, for any harm, loss, or damages arising from the incorrect use of the Services, including constructed transactions, network, and technical failures, unauthorized access to any user wallets, legal and regulatory matters and consequences, or fraud conducted by third parties.You agree and acknowledge that you will not use the Platforms or Services (i) in a manner that violates any applicable law or regulation; (ii) to fund terrorism or other criminal activity; (iii) to circumvent any export restrictions or economic sanctions; or (iv) to engage in unlawful money transmission, currency exchanging, or money laundering. Please note that you may not be eligible to use the services if you are restricted or prohibited by any applicable laws and regulations.
  
  
• THIRD-PARTY SERVICES
  We may use third-party sites, services or resources and make no representation or warranties of any kind regarding any site, service, or resource provided by a third party, including, but not limited to, any representations or warranties regarding its accuracy, completeness, usefulness, security, or legitimacy.We have no control over third-party sites, services, and resources, and we are not responsible for any harm, loss, or damage that may arise from your use of such services. If you decide to access any of the third-party sites, services, or resources, you do so entirely at your own risk and subject to the terms and conditions for such sites, services, or resources

Acceptance of Terms

By using our Services, you agree to these Terms. If you do not agree to these Terms, you should not use our Services. We reserve the right to modify these Terms at any time. Your continued use of our Services after such changes will signify your acceptance of the changes.

Eligibility

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old.

Decentralized Governance

As a DAO, our governance is decentralized and determined by our community of token holders. This community makes decisions collectively about the development and direction of Ferrum Network. By using our Services, you acknowledge and accept this mode of governance.

• BLOCKCHAIN RISKS
  You understand that transactions on the blockchain are irreversible and that your digital assets may be irretrievably lost if not handled correctly. You accept all consequences of sending digital assets over a blockchain. There are certain risks associated with the use of the Services as well as purchasing, owning and using Tokens for the receipt of Services.

By purchasing these Tokens, you acknowledge that you have read these Terms, and you agree to assume these risks. 

You are responsible for implementing reasonable measures for securing your wallet, vault or other storage mechanisms you use to receive and hold Tokens purchased, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). 

If your private key(s) or other access credentials are lost, you may lose access to your Tokens. We are not responsible for such losses, costs, expenses or any other similar loss relating to lost access credentials. 

Please acknowledge that any amount paid for Tokens is exclusive of all applicable taxes. Determination of  applicable taxes to purchase tokens, including but not limited to value added tax, sales tax, tax on use or any other similar tax, is solely your responsibility and we shall not be held liable for the same.  

It is also your entire responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. We shall not be responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from your purchase of Tokens.

Availability of Services

We strive to provide our Services 24/7, but we do not guarantee that they will always be available. We will not be held liable for any losses or damages arising from the unavailability of our Services.

Denial of Access and Termination

We reserve the right to terminate the use of our Platforms and Services and restrict you from such use if you are found to be in breach of these Terms.

In case of termination, we shall not liable for any loss of information, damage or any other loss of similar nature.

Intellectual Property

Unless otherwise stated, The Ferrum Private Foundation or our licensors own the intellectual property rights for all material on Ferrum Network. All intellectual property rights are reserved.

Limitation of Liability

We provide our Services “as is” and without any express or implied warranties. We do not warrant that our Services will meet your specific requirements or that they will be uninterrupted, timely, secure, or error-free.

Representations and Warranties

You represent and warrant that you have read and understood these terms and conditions and you acknowledge and agree that there are risks associated with the services and acquisition of tokens, owning tokens and using tokens for the provision or receipt of services in the ecosystem including (but not necessarily limited to) the risks described above;

You represent and warrant that you have a sufficient understanding of technical and business matters (including those that relate to the Services) cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to appreciate the risks and implications of purchasing the Tokens;

You represent and warrant that you understand the restrictions and risks associated with the creation of Tokens as set forth herein, and acknowledges and assumes all such risks;

You represent and warrant that you have obtained sufficient information about the Tokens, the Services  and the Platforms to make an informed decision to purchase the Tokens;

You represent and warrant that you understand that the Tokens confer only the right to provide and receive Services and do not confer other rights of any form with respect to our Platforms, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;

You represent and warrant that you are purchasing Tokens solely for the purpose of receiving Services, participating in our project, and supporting the development, testing, deployment and operation of Ferrum Network;

You represent and warrant that you are aware of the commercial risks associated with our project, and you are not purchasing Tokens for any other purposes, including, but not limited to, any investment, speculative or financial purpose;

You represent and warrant that your purchase of Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to: (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase of the Tokens and entering into contracts with us; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; and (iii) any governmental or other consents that may need to be obtained;

You represent and warrant that you will comply with any applicable tax obligations in your jurisdiction arising from your purchase of Tokens;

You represent and warrant that, if you are purchasing Tokens on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity;

You represent and warrant that you are not resident, domiciled, or purchasing Tokens from a jurisdiction that prevents the acquisition of Tokens.

You represent and warrant that you have obtained independent legal advice with respect to same before accepting these Terms, and, in accepting these Terms.

You represent and warrant that you are not a citizen or resident of a geographic area in which access to or use of the Services or the acceptance of delivery of the Tokens is prohibited by applicable law, decree, regulation, treaty or administrative act, and if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services;

If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that:  

Such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and  you are duly authorized by such legal entity to act on its behalf

You represent and warrant that none of the funds being used to purchase the Tokens are to your knowledge proceeds obtained or derived directly or indirectly as a result of illegal activities, and the funds being used to purchase the Tokens which will be advanced by you under these Terms will not represent proceeds of crime as per the anti-money laundering and countering the financing of terrorism (AML/CFT) and you acknowledge that we may in the future be required by law to disclose your name and other information relating to these Terms, on a confidential basis, pursuant to the (AML/CFT), and to the best of the your knowledge, none of the funds to be provided by you, are being tendered on behalf of a person or entity who has not been identified to you, and you will promptly notify us, if you discover that any of such representations cease to be true, and will promptly provide the Company with all necessary information in connection therewith.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Ferrum Network and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to:

your purchase or use of Tokens; 

your responsibilities or obligations under these Terms or terms set forth in other written agreements between you and Ferrum Network; 

your violation of any of these and other Terms; or 

your violation of any rights of any other person or entity. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement with you.

Disclaimers

YOU REPRESENT AND WARRANT AND COVENANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, THE TOKENS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ARAGON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;  WE DO NOT REPRESENT OR WARRANT THAT THE TOKENS ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE TOKENS WILL BE CORRECTED; AND WE (III) FERRUM CAN NOT AND DOES NOT REPRESENT OR WARRANT THAT THE TOKENS OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THESE TERMS DO NOT CONSTITUTE A PROSPECTUS, AN OFFER DOCUMENT OF ANY SORT, OR ARE INTENDED TO CONSTITUTE AN OFFER OF SECURITIES OR A SOLICITATION FOR INVESTMENT IN SECURITIES IN ANY JURISDICTION. IF YOU DECIDE TO PARTICIPATE AND PURCHASE TOKENS, PLEASE NOTE THAT YOUR CONTRIBUTION DOES NOT REPRESENT, CONSTITUTE OR INVOLVE THE EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF SECURITIES, INVESTMENT UNITS AND/OR FORM OF ORDINARY SHARES IN THE PROJECT, ON ANY PLATFORM, IN ARAGON, OR ANY OTHER RELATED COMPANY.

THE TOKENS ARE NOT INTENDED TO CONSTITUTE SECURITIES AND/OR COLLECTIVE INVESTMENT UNITS IN ANY PROJECT, PLATFORM OR COMPANY. THE TOKEN HOLDER DOES NOT RECEIVE ANY FORM OF DIVIDEND OR OTHER REVENUE RIGHTS, NOR DOES IT REPRESENT ANY PARTICIPATION IN A PROFIT-SHARING SCHEME. THESE TERMS AND CONDITIONS IN ANY PART THEREOF AND ANY COPY THEREOF MUST NOT BE TRANSMITTED TO ANY COUNTRY WHERE DISTRIBUTION OR DISSEMINATION OF THESE DOCUMENTS AND ITS INFORMATION IS PROHIBITED OR RESTRICTED. NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED TO THIS DATE OF ANY OF THE INFORMATION SET OUT IN THIS DOCUMENT. THE PUBLICATION, DISTRIBUTION OR DISSEMINATION OF THESE TERMS DO NOT IMPLY THE APPLICABLE LAWS.

REGULATORY REQUIREMENTS OR RULES HAVE BEEN COMPLIED WITH TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, REGULATIONS AND RULES, FERRUM, ITS FOUNDERS, TEAM MEMBERS AND ANY THIRD PARTY INVOLVED IN THE PROJECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OF ANY KIND, IN TORT, CONTRACT OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, INCOME OR PROFITS, AND LOSS OF USE OR DATA), ARISING OUT OF OR IN CONNECTION WITH ANY ACCEPTANCE OF OR RELIANCE ON THESE TERMS, OR ANY PART THEREOF AND/OR INFORMATION PROVIDED ON THE WEB PAGE HTTPS://FERRUM.NETWORK

ALL STATEMENTS CONTAINED IN THESE TERMS, WEBPAGE, STATEMENTS MADE IN PRESS RELEASES OR IN ANY PLACE ACCESSIBLE BY THE PUBLIC AND ORAL STATEMENTS THAT MAY BE MADE BY FERRUM, ITS FOUNDERS, TEAM MEMBERS AND ANY THIRD PARTY INVOLVED IN THE PROJECT AND ACTING ON BEHALF OF ARAGON, THAT ARE NOT STATEMENTS OF HISTORICAL FACT CONSTITUTE “FORWARD-LOOKING STATEMENTS”. ALL STATEMENTS REGARDING THE COMPANY, FINANCIAL POSITION, BUSINESS STRATEGIES, PLANS AND PROSPECTS AND THE PROSPECTS OF THE INDUSTRY WHICH FERRUM IS IN ARE “FORWARD-LOOKING STATEMENTS.”

NEITHER FERRUM, ITS FOUNDERS, TEAM MEMBERS, ANY THIRD PARTY INVOLVED IN THE PROJECT NOR ANY OTHER PERSON REPRESENTS, WARRANTS AND/OR UNDERTAKES THAT THE ACTUAL FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS OF FERRUM WILL BE AS DISCUSSED IN THESE “FORWARD-LOOKING STATEMENTS.” NO INFORMATION IN THESE TERMS SHOULD BE CONSIDERED TO BE BUSINESS, LEGAL, FINANCIAL OR ADVICE REGARDING CONTRIBUTION OR PARTICIPATION TO THE DEVELOPMENT OF THE FERRUM NETWORK AND ANY OF ITS PROJECTS.  FERRUM DOES NOT MAKE OR INTENDS TO MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE TRUTH, ACCURACY, AND COMPLETENESS OF ANY OF THE INFORMATION SET OUT IN THESE TERMS. THE INFORMATION CONTAINED ON THESE TERMS AND CONDITIONS ARE OF DESCRIPTIVE NATURE ONLY.

Limitation Of Liability

To the fullest extent permitted by applicable law,  in no event we or any of the Company Parties shall be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of the tokens or otherwise related to these terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised regarding the possibility of such damages and regardless of whether such damages were foreseeable). 

In no event will the joint aggregate liability of the Company Parties and us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of or inability to use the tokens, exceed the amount you paid to Ferrum for the tokens.

Release

To the fullest extent permitted by applicable law, you release us and our Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.

Dispute Resolution

Any disputes arising from these Terms will be resolved through mediation. If mediation fails to resolve the dispute, it will be resolved through binding arbitration. 

• Waiver of Class Action – You waive off any/all right of class action lawsuit, class-wide arbitration and/or in any other proceeding in which either party acts or proposes to act in a representative capacity shall only bring claims in an individual capacity through individual arbitation.
• Any cause arising out of these Terms shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction where the DAO’s smart contracts are domiciled, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms take effect.

Severability

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Miscellaneous

Entire Agreement- These Terms (and the documents referred to herein) constitute the entire agreement relating to your purchase of Tokens. We may assign rights and obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

Rights Reserved – We reserve the right to modify, update and/or change the Terms contained herein from time to time. Such changes shall be reflected in our Terms and Conditions, and continuing usage shall imply acceptance of the new Terms.  

We shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond reasonable control. 

Purchasing Tokens from us does not create any form of partnership, joint venture, or any other similar relationship between you and us. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and are not intended to confer third-party beneficiary rights upon any other person or entity. 

You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.

By using our Services, you are agreeing to be bound by the then current version of these Terms and Conditions.

Last Updated: May 10, 2023