TERMS OF SERVICE

Last Updated: April 4, 2022

These Terms of Service are entered into by and between Grape, Inc., A [Seychelles] Corporation (“Grape”, “Company”, “Us”), and its Users and visitors to the service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User. 

By accessing or using the Service, you agree to comply with and be bound by the Terms of Service set forth in herein (the "Terms"), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.

IF YOU DO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICE. DOES NOT WARRANT OR GUARANTEE ANY FINANCIAL INFORMATION INCLUDING THE ACCURACY THEREOF. 

1. Service. Company provides a Digital Token named [GRP] (“Token”, “[Grape]”). Company Tokens may be used, kept, or exchanged online wherever parties are willing to accept Company Tokens. Company will not issue Company Tokens for consideration consisting of other Digital Tokens (for example, bitcoin); only money will be accepted upon issuance. In order to cause Company Tokens to be issued or redeemed directly by Company, you must be a verified customer of Company. Company makes no representations or warranties about whether Company Tokens that may be traded on the Site may be traded on the Site at any point in the future, if at all.
2. Total Tokens. The Company shall have the right to sell any such underlying assets (if already part of [GRP]). A maximum total amount of 10,000,000 (10 million) [GRP]s shall be created by the Company. Nevertheless, only a maximum of 10,000,000 (10 Million) [GRP]s shall be generated and distributed. 
3. Conditions to [GRP] Token distribution. You must agree to these Terms of Service in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms of Service, you are not entitled to access our Services. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
4. Conditions Of Purchase. 
1. Each User must be 18 years or older;
2. Users have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic coins, such as Bitcoin and Ethereum, and other blockchain-based software systems in general.
3. Each User must register with a valid Email;
4. Users may purchase, or otherwise receive, a [GRP] coin, only by accepting and complying with the following conditions. Further by purchasing or receiving a [GRP] coin, you warrant and represent that the following are true and an accurate reflection of the basis on which you are acquiring the [GRP] coins:
5. Users are legally permitted and authorized to purchase, receive, hold and otherwise make use of the [GRP] in accordance with the laws of your country and any other relevant jurisdiction applicable to you.
6. Users will supply us with all information, documentation or copies of the documentation that we require in order to allow us to accept your purchase of [GRP] and allocate [GRP] to you.
7. Users have not supplied and will not supply us with inaccurate or misleading information relating to your acquisition of [GRP].
8. Users will provide us with any additional information which may be reasonably required in order that we can fulfil our legal, regulatory, and contractual obligations, including but not limited to compliance with anti-money laundering laws and regulations.
9. Users accept that [GRP] is created, and you obtain [GRP], on an “as is” and “under development” basis. Therefore, provided the Company acts in good faith, you accept that the Company is providing and distributing [GRP] without being able to provide any warranties in relation to [GRP], including, but not limited to, title, merchantability, or fitness for a particular purpose.
10. Users accept that you bear sole responsibility of determining the tax implications on your party, if any, on the following: (i) the acquisition, allocation, use or ownership of [GRP]; (ii) the potential appreciation or depreciation in the value of [GRP] over time, if any; (iii) the distribution and purchase of [GRP]; and/or (iv) any other action or transaction related to [GRP].
11. Users agree that they are buying [GRP] for use on the grape platform and not as an investment for profit in the future.

5. Withdrawals and Deposits. In the course of processing and sending any withdrawals, or when processing and receiving deposits, Company may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable Laws or demanded upon a lawful request by any Government. Users hereby irrevocably grant full permission and authority for Company to share this information with such contractual third parties, or as required under applicable Laws or demanded upon a lawful request by any Government, and release Company from any liability, error, mistake, or negligence related thereto. You accept all consequences of sending Digital Tokens, including Company Tokens, off of the Site. Digital Token transactions are not reversible. Once you send Digital Tokens to an address, whether intentionally or by a fraudulent or accidental transaction, you accept the risk that you may lose access to, and any claim on, those Digital Tokens indefinitely or permanently. You acknowledge that Company may delay or suspend redemption under various circumstances, including but not limited to, in the event that Company determines that you have engaged in a Prohibited Use; when Company is directed to do so by any Government; if your Digital Tokens Wallet or other account or wallet is subject to pending litigation, investigation, or Government proceedings; or when Company believes that someone is attempting to gain unauthorized access to your Digital Tokens Wallet or other account or wallet.  Digital Tokens are not legal tender and are not backed by any Government. Digital Tokens are not subject to Federal Deposit Insurance Corporation (“FDIC”) or Securities Investor Protection Corporation protections.
6. Prohibited Uses. You may not:
1. Use the site or any services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable laws, or to transact or deal in, any contraband digital tokens, fiat, funds, property, or proceeds;
2. Use the site or any services if any applicable laws, including but not limited to AML laws, CTF laws, anti-corruption laws, economic sanctions laws, prohibit, penalize, sanction, or expose the site to liability for any services furnished or offered to you or any of your digital tokens wallet(s) or digital tokens address(es) under these terms of service;
3. Use the site or any of the services, or any financial services of any U.S. Financial institution, whether or not an affiliate or associate of company, to facilitate, approve, evade, avoid, violate, attempt to violate, aid or abet the violation of, or circumvent any applicable laws, including but not limited to AML laws, CTF laws, anti-corruption laws, and economic sanctions laws;
4. Use the site or any services with anything other than fiat, funds, keys, property, or digital tokens that have been legally obtained by you and that belong to you;
5. Use the site or any services to interfere with or subvert the rights or obligations of company or the rights or obligations of any other site user or any other third party or cause legal liability for company or other site user;
6. Use the site or any services to: (i) engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; (ii) enter orders or quotes in any digital token market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or (iii) enter orders or quotes in any digital token market with the intent of creating the false impression of market depth or market interest; 
7. Falsify any account, digital tokens wallet, or digital tokens address registration, exchange, or administration details provided to company, impersonate another person or misrepresent your affiliation with a person;
8. Falsify or materially omit any information or provide misleading or inaccurate information requested by company, including at registration or during the course of administering any services to you;
9. Cause injury to, or attempt to harm, company or any third party through your access to the site or any services;
10. Have more than one account and more than one digital tokens wallet on the site, or use any digital tokens wallet on a one-time, ‘throwaway’ basis; any such additional digital tokens wallets or one time ‘throwaway’ digital tokens wallet may be terminated or suspended at the absolute discretion of company;
11. Use any services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your ip address or location, or access the site or use any services using a digital tokens address in or subject to the jurisdiction of any prohibited jurisdiction or government or government official thereof; or,
12. Cause a violation of, or conspire or attempt to violate these terms of service or applicable laws. 
13. Any use, whether actual or suspected, as described in this paragraph shall constitute a “prohibited use”. If company determines that you have engaged in any prohibited use, company may address such prohibited use through an appropriate sanction, in its sole and absolute discretion.
7. Acquisition and Reversion.
1. Users understand that Acquisitions and Reversions will be processed by Company as per its Coin distribution event terms. For the purposes of this Application, a “Reversion” means a transaction directly between Company and myself whereby [GRP] coin registered on my public key revert back to a public key owned or controlled by Company or its affiliates in accordance with the Terms and Conditions.
2. Users understand that, prior to any purchase of [GRP ]coins, Users must pay cash or Digital Currency (Contributed Amount) to Company in accordance with the Coin distribution event terms to the cryptocurrency address indicated by Company.
3. Upon acceptance of my request to buy [GRP] coins, the Contributed Amount will be converted for [GRP] coins in accordance with the Coin distribution event terms.
4. Reversion proceeds shall be as expressly agreed upon between me and Company Users understand that while Users may request reversion of any [GRP] purchased by me, Company shall, in its own discretion, determine the fair price which it will be willing to agree with respect to the request for reversion (Reversion Proceeds). Users understand that the decision is final and that Company shall in no way be obliged to buy back any [GRP] purchased by me at the point of reversion should both parties fail to reach an agreement as to the buyback purchase price.
5. Users acknowledge and understand that, for so long as any Reversion Proceeds are held as assets of Company, Users shall accept the risk that a creditor of Company may seek to secure and may be successful in securing the discharge of a liability of Company through or out of Company assets, thereby materially adversely affecting the value of my Contributed Amount and/or Reversion Proceeds and potentially reducing one or both to zero. Users further acknowledge that any interest accruing with respect to such Contributed Amount and/or Reversion Proceeds held in this manner shall be for the sole and exclusive benefit of Company.
8. Anti-Money Laundering.
1. Users understand that Company (and/or its delegate) may request such evidence as may be necessary to verify the identity and source of my funds for purchasing [GRP] and to confirm the AML status of any redeeming [GRP] coin holder. Users further understand that Company shall not accept or repay any Contributed Amount and/or application for [GRP] coins and shall not pay any Reversion Proceeds until all information required for verification purposes shall have been provided by me.
2. Users understand that if, as a result of any information or other matter which comes to his attention, suspects or has reasonable grounds for knowing or suspecting that another person is engaged in criminal conduct or is involved with terrorism or terrorist property and the information for that knowledge or suspicion came to their attention in the course of business in the regulated sector, or other trade, profession, business or employment, the person will be required to report such knowledge or suspicion to the Company.
3. Company prohibits acceptance of funds by any persons or entities that are acting, directly or indirectly: (i) in contravention of any national and/or international laws and regulations, including anti-money laundering regulations or conventions; (ii) on behalf of terrorists or terrorist organizations, including those persons or entities that are included on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Treasury Department’s Office of Foreign Assets Control [1] (“OFAC”) or those included in EU Terrorist List by the Council of the European Union, as such lists may be amended from time to time; (iii) for a senior foreign political figure, any member of a senior foreign political figure’s immediate family or any close associate of a senior foreign political, unless the Company, after being specifically notified in writing that the Purchaser is such a person, conducts further due diligence, and determines that such acquisition shall be permitted; or (iv) for a foreign shell bank (such persons or entities in (i) – (iv) are collectively referred to as “Prohibited Persons”).
9. Electronic Communications. Users accept such electronic communications are not secure and may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted, or interfered with or without the knowledge of the sender or the intended recipient. Company makes no warranties in relation to these matters. Any member of the Company Team reserves the right to intercept, monitor, and retain e-mail messages to and from their systems as permitted by applicable law.
10. Associated Risks. By purchasing, owning, and using [GRP], you expressly acknowledge and assume the following risks:
1. There are risks associated with investing in securities, cryptocurrencies, and NFTs. Investing in NFTs, cryptocurrencies, stocks, bonds, exchange traded funds, mutual funds, and money market funds involve risk of loss.  Loss of principal is possible. Some high-risk investments may use leverage, which will accentuate gains & losses. 
2. A private key, or a combination of private keys, is necessary to control and dispose of [ GRP] stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing [GRP] will result in loss of such [GRP]. 
3. [GRP] coins may be susceptible to hacking or mining attacks. Any successful attack presents a risk to the platform and [GRP], including, but not limited to, accurate execution and recording of transactions involving [GRP].
4. GRP] coins are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company to offer recourse to you.
5. You must seek your own tax advice in connection with your purchase of [GRP] which may result in adverse tax consequences to you, including the payment of withholding taxes, income taxes, and compliance with tax reporting requirements, among others.
6. Cryptocurrency coins such as [GRP] are new and untested technology. There are other risks associated with your purchase, possession, and use of [GRP], including unanticipated risks. 
11. Your Personal Data Rights & General Data Protection Regulation (GDPR). How we use your data and your data privacy rights are covered under our Privacy Policy (https://buy.grap3.com/privacy-policy) and are hereby integrated into these Terms of Service. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
12. Changes. Company reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the Terms of Service that apply when you access or use the Services or order, receive or use the Services. 
13. Content Rights and Licenses. The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of Company, as amended, and other intellectual property laws of [Seychelles] and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved. 
1. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners. 
2. You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
14. Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services. 
1. Such license is subject to these Terms of Service, and specifically conditioned upon the following:
2. Users may only view, copy, and print such portions of the Content for their own personal use;
3. Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms of Service;
4. Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
5. Users may not use the Services or Content other than for their intended purposes.
6. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Service may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. 
7. Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
15. Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. 
1. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. 

DISPUTE PROCESS

16. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.

17. Process
1. Contact Us. You agree to contact us with your complaint prior to filing for any arbitration. 
2. File Complaint. You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute). 
3. Arbitration. You and Company agree that (a) any arbitration will occur in the State of [Seychelles], (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of [Seychelles] and [Seychelles], respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
18. Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. 
1. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. 
19. Third Party Sites. The Service may contain links to third party websites, including links to the websites of carriers (“Linked Sites”). We are not liable for nor in control of third party Linked sites, and we are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located there.
20. Disclaimer of Warranties. COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT.
21. Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), 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 of the possibility of such damages and regardless of whether such damages were foreseeable).
22. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our 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 (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: 
1. Any use or misuse of the Content or Services by you or any third party you authorize to access or use such Content or Services;
2. Any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms; 
3. Any Feedback you provide; 
4. Your violation of these terms, and your violation of the rights of another. 
5. You agree to promptly notify Company of any third-party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). 
6. You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
23. Children. This Service is not directed at individuals under the age of eighteen (18) in the State of [Seychelles]. Company does not knowingly collect personal information from any individual under the age of eighteen (18) in the State of [Seychelles] at this Service.
24. Entire Agreement. These Terms of Service incorporate by reference any notices contained on the Services, including within the Privacy Policy and Refund Policy, and constitute the entire agreement with respect to access to and use of the Services and Content. 
25. Severability. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. 
26. No Waiver. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
27. No Class Actions. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. 
28. Governing Law and Venue – [Seychelles]. Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the [Country of Seychelles], respectively, sitting in the State of [Seychelles]. 
29. Contact

Grape, Inc.

[Info@grap3.com]