Terms & Conditions
January 2022
The following Terms and Conditions ("T&Cs") govern the purchase of cryptographic tokens ("AUMENT COIN"), issued by the company AUMENT AG, registered in Baarerstrasse 25, 6300 Zug, Switzerland, (the "Company" or "AUMENT"), their use at the platform, created and owned by the Company (the "AUMENT Platform") and the terms and conditions of the access and use of the AUMENT Platform and any Services offered at the AUMENT Platform (the "Services").
PLEASE READ THESE T&CS CAREFULLY BEFORE PARTICIPATING IN THE COIN SALE OR USING ANY SERVICES OFFERED AT AUMENT PLATFORM. EACH USER AND/OR CUSTOMER THEREBY USING AUMENT PRODUCTS, WEBSITES, SOFTWARE, APPS AND ANY SERVICES IS REQUIRED TO FULFILL THESE CONDITIONS
The AUMENT COIN user – any person, who is accepting these T&Cs, purchasing AUMENT COIN from the Company ("the Purchaser"), accessing the AUMENT Platform or from any other external exchange platforms or any other third party platforms and/or using the Services.
The AUMENT COIN Team – any organ, respective past, present and future employees, officers, directors, contractors, consultants, equity users, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors of the Company, as well as the staff of the AUMENT group companies or Company’s affiliates, involved in the development of AUMENT project.
The Company - AUMENT AG, registered in Baarerstrasse 25, 6300 Zug, Switzerland, is deemed to be financial intermediary in the sense of the Art. 2 Para 3 AMLA. The Company is an SRO Member of the Financial Services Standards Association (V.Q.F.), which supervises the due diligence requirements of financial intermediaries in the para-banking sector in Switzerland under AMLA.
The Company is subject to the AMLA duties of due diligence with regard to the AUMENT COINS sale as well as some of the Services offered through the AUMENT Platform.
White Paper - the informational document issued by the Company dedicated to the AUMENT COINS issuance and AUMENT project description.
AUMENT COIN users hereby further represent and warrant that they are fully able and competent to agree to these T&Cs and the conditions, obligations, affirmations, representations and warranties set forth herein and to abide by and comply with these T&Cs.
By accepting these T&Cs and/or accessing the AUMENT Platform, AUMENT COIN users represent and warrant that the laws applicable to them due to their country of residency and/or citizenship do not prohibit them from buying AUMENT COIN, accessing/using the AUMENT Platform, and/or using the Services, and they acknowledge that the Company is not liable for their compliance and failure to comply with such laws.
AUMENT COIN user represents and warrants: to be familiar with the specific regulation in the jurisdiction that applies; not to be resident of the jurisdiction, where the purchase of cryptographic tokens is prohibited, restricted to special terms, tokens issued in the ICO are qualified as securities, or where the Company must obtain any local authorisations to sell the AUMENT COINS or to offer Services to its citizens or residents.
AUMENT COIN users represent and warrant that they will not be using AUMENT COIN, AUMENT Platform or Services of the Company for any violent activity, including, without limitation, money laundering, fraud, blackmail, extortion, ransoming data, financing of terrorism or any other violent activities or prohibited market practices and that they are not listed on any sanction list in any jurisdiction.
AUMENT COIN users represent and warrant that they understand the risks of the use of the cryptographic tokens and are responsible for the determining whether the purchase of AUMENT COINS, use of AUMENT Platform or Services are appropriate for them.
By purchasing the AUMENT COIN and/or using the Services, AUMENT COIN users represent and warrant that they are of the legal age of majority in their jurisdiction or have obtained the necessary approval of the respective person or authority as is required, to buy AUMENT COIN, access the AUMENT Platform and use the Services and enter into corresponding arrangements, if any.
AUMENT COIN users hereby represent and warrant to use and access the Services only in their own name and if they are acting on behalf of a legal entity that they are authorized to buy AUMENT COIN, access the AUMENT Platform and use the Services on behalf of this legal entity.
AUMENT COIN users hereby represent and warrant that they have carefully read and understand the AUMENT Privacy (and Cookies) Policy and consent to the data processing by the Company or otherwise as provided in the AUMENT Privacy (and Cookies) Policy.
AUMENT reserves the right to delist any or all of the users addresses from the whitelist and to file a report to relevant authorities if an AUMENT COIN user fails to comply, or if there is reasonable ground to suspect that the AUMENT COIN user fails to comply with any of the representations and warranties.
When you purchase, or otherwise receive an AUMENT COIN from the Company, you may only do so by accepting the following terms and conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the AUMENT COIN tokens:
AUMENT COIN is a hybrid (utility and payment) token which can be stored, traded or used for purchase of services and goods at the AUMENT Platform.
The AUMENT COIN shall not be classified as an asset token according to current FINMA classification or a security under the current Swiss law. Ownership over the AUMENT COIN carries no rights expressed or implied toward the Company (no voting, shareholding or any participation rights in the Company) or the Company’s asset.
On the other hand, it has the characteristics of payment token, as it shall be used to pay for services and goods as mean of payment or value transfer, and utility characteristic as it enables AUMENT COIN holder to engage them for accessing services and goods offered on Aument platform. The use of the AUMENT COINS, their availability and value outside the AUMENT Platform cannot be influenced or controlled by the Company.
The number of AUMENT COINS of each supply will be announced prior to its release.
The AUMENT COIN can be purchased directly from the Company through the Aument platform and apps or from the external exchange platforms where AUME will be listed, that are not controlled by the Company.
The Company is obliged to deliver the AUMENT COIN and transfer ownership rights to the AUMENT COIN user, only after the received client’s payment of AUMENT COIN using one of the methods of payments indicated on AUMENT app/web. The AUMENT COIN client is obliged to pay the sale price to the Company, accept the TERMS AND CONDITIONS and all other polices (e.g. General privacy Notice) issued by AUMENT AG, and accept AUMENT COIN. AUMENT COIN price may vary, therefore the price applied upon purchase is the price shown once the payment is processed and confirmed. Users accept that the transfer of the AUMENT COINS can take few business days after the confirmation of the AUMENT COINS purchase, due to the payment processing time, and depending on the selected payment method.
In order to transfer the Aument Coin, the potential buyer shall complete successfully the KYC procedures in accordance with the Swiss AMLA regulations. The transfer of AUMENT COIN is completed on the decentralized ledger of the underlying blockchain and made possible only by using a private key (wallet) which owns the funds being sent. The identity check is made based on the documents/information listed hereinafter. AUMENT may at any time throughout the contractual relationship with the AUMENT COIN user request additional information in case when it is deemed necessary. Throughout the contractual relationship, AUMENT may monitor the accuracy of the whitelisting and for such purpose conduct regular PEP checks, screenings against sanction lists and/or conduct negative news checks and/or request any additional or updated information from the AUMENT COIN user. AUMENT reserves the right to delist Whitelisted Wallet Addresses from the whitelist and to file a report to relevant authorities if an individual controlling such Wallet does not pass a monitoring check e.g. because the respective individual fails a PEP Check, a screening against sanction lists and/or negative news checks and/or fails to provide any information requested.
The AUMENT COIN user should have no expectation of influence over governance of the Company. Each AUMENT COIN user can hold the AUMENT COIN in the wallet created on AUMENT Platform or in any wallet compatible with ERC-20 token and/or trade it on exchange platforms with who we partner, where AUMENT COIN is officially listed.
All purchases of AUMENT COIN are final. Purchases of AUMENT COIN are non-refundable. By purchasing AUMENT COIN, the AUMENT COIN user acknowledges that neither the company nor any of its affiliates, directors or shareholders are required to provide a refund for any reason.
The AUMENT COIN user bears the sole responsibility to determine if the purchase of AUMENT COIN or the potential appreciation or depreciation in the value of AUMENT COIN over time has tax implications for the AUMENT COIN user in the AUMENT COIN user's home jurisdiction. By purchasing AUMENT COIN, and to the extent permitted by law, the AUMENT COIN user agrees not to hold any of the Company, its affiliates, shareholders, director, or advisors liable for any tax liability associated with or arising from the purchase of AUMENT COIN.
The AUMENT Platform aims at creating a useful environment for the AUMENT COIN users who will benefit from financial services, such as facilitation for obtaining the bank credits. The services facilitated by AUMENT, such as loan facility or any other service, could change or be adjusted from time to time or could differ as per the client's profile. The specific terms and conditions for each separate Service at AUMENT Platform shall be provided in the separate agreement, to which these T&Cs are integral part. The Company at its sole discretion determines which particular Services are offered at AUMENT Platform and may amend, remove the existing Services or add new Services. The rights and obligations of the Company towards the AUMENT COIN users who already use particular Services remains reserved according to the conditions of the specific agreements.
Personal data is all information that serves to identify a person or make them identifiable, such as name, address, identification documentation, etc. AUMENT only processes personal data if AUMENT receives it within the scope of the relationship between AUMENT and an AUMENT COIN user, if the AUMENT COIN user has consented or if AUMENT is otherwise legally authorized to do so (e.g. to fulfil our obligations under the Switzerland Anti-Money Laundering Act ["AMLA"] and other applicable compliance regulations, for the fulfilment of contractual obligations or for the purpose of legitimate interests of AUMENT).
All data processing at AUMENT is technically and organizationally designed to comply with the applicable data protection regulations. The technical and organizational measures correspond in particular to the state of the art, the type and scope of data processing and the risks which processing can entail. The Company published its Privacy Policy at its websites aument.com, aumentcoin.com, its apps and AUMENT Platform, so it could be accessible for everyone including the AUMENT COIN users. The Company T&C and Privacy Policy may be updated on regular basis, therefore the last version of governing policies is those published on the Aument websites.
By acceptance of these AUMENT T&Cs, AUMENT COIN user explicitly consents in particular to the following processing activities:
Establishment of a digital register of the identities of all AUMENT COIN user;
Establishment of a digital register of all required personal data of AUMENT COIN user for KYC requirements and marketing requirements;
Forwarding of personal data, upon legitimate request, to authorities.
To guarantee the execution of the contract, i.e. customer management Services and direct advertising Services regarding our products/Services.
All necessary transfers of personal data to and from third party data recipients will be made in a form to protect the integrity and confidentiality of the personal data of AUMENT COIN user. However, AUMENT will transfer personal data only to companies that have an appropriate level of data protection or implement measures to ensure that the data recipients comply with an appropriate level of data protection.
Our Clients acknowledge that the integration of Third-Party Services may entail the transfer of Client Data from the Hosted Services to the relevant Third-Party Services and consent to the sharing of Personal Data.
The data will only be stored as long as this is necessary for the execution of the relationship and furthermore only if legal storage or documentation regulations prescribe this. If the personal data are no longer required for the above-mentioned purposes, they will be deleted or made anonymous as far as possible.
The Company and AUMENT COIN team are not liable for failure to perform solely caused by:
If an event of force majeure occurs, the party injured by the other's inability to perform may elect to suspend the T&Cs, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
The AUMENT COIN client expressly agrees that he is purchasing AUMENT COIN at the AUMENT COIN client's sole risk and that AUMENT COIN is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law), none of the AUMENT company and AUMENT team warrants that the process for purchasing AUMENT COIN will be uninterrupted or error-free. These T&Cs shall not be considered an invitation to invest, do not constitute security offering or prospectus of any sort, do not contain investment advice.
The AUMENT COIN user acknowledges and agrees that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to (i) use of, or inability to use, AUMENT COIN or AUMENT Platform, or (ii) the AUMENT Team under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that none of the AUMENT Team shall be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, or purchase of, or inability to purchase AUMENT COIN, or arising out of any interaction with the smart contract implemented in relation to AUMENT COIN in.
Due to the fact that attitude to and regulation of the tokens, cryptocurrencies is constantly changing and developing, new requirements are imposed by the authorities in different jurisdictions, any AUMENT COIN user shall be aware that the business model, these T&Cs may change or be amended if this will be required by the applicable laws or regulation. The AUMENT COIN user shall not hold liable the AUMENT Team for any direct or indirect loss or damages caused by such changes.
The AUMENT COIN user further specifically acknowledges that the AUMENT Team is not liable for the conduct of third parties, including other AUMENT COIN users, and that the risk of purchasing and using AUMENT COIN rests entirely with the AUMENT COIN user, under no circumstances will any of the AUMENT Team be liable to any AUMENT COIN user.
Unless otherwise expressly provided herein, any notice, request, instruction or other document to be given hereunder by the AUMENT, or otherwise, shall be in writing at the following addresses via Post: Aument AG, Baarerstrasse 25, Zug 6300, Switzerland or Email: info@aument.com
These T&Cs and Annexes to it are part of the entire agreement between the AUMENT COIN user and AUMENT AG with respect to the purchase of AUMENT COIN. For facts relating to the purchase of AUMENT COIN, the user agrees to rely only on the T&Cs in determining purchase decisions and understands that the T&Cs govern the AUMENT COIN and supersede any public statements about the AUMENT COIN made by third parties or by the AUMENT Team or individuals associated with any of the AUMENT Team. The access and the use of the AUMENT Platform and Services may be subject to additional agreements, to which these T&Cs and its Annexes are integral part.
The AUMENT COIN user and AUMENT agree that if any portion of these T&Cs is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the T&Cs, which shall continue to be in full force and effect.
The failure of AUMENT to require or enforce strict performance by the AUMENT COIN user of any provision of these T&Cs or AUMENT’s failure to exercise any right under these T&Cs shall not be construed as a waiver or relinquishment of AUMENT’s right to assert or rely upon any such provision or right in that or any other instance.
AUMENT reserves the right, at its sole discretion, to change, modify, add, or remove portions of the T&Cs at any time by posting the amended T&Cs on the Website. The clients will be notified in advance of any changes in writing or by other suitable means, including electronically. The new version of the T&C will be considered accepted unless a written objection is received within 4 weeks of notification.
The Company will cooperate with all law enforcement enquiries or requests provided they are fully supported and documented by the law in Switzerland. The Company may also respond to the request and cooperate with the authorities in other jurisdiction with regard to the purchase of AUMENT COIN, AUMENT Platform or Services.
To the fullest extent permitted by applicable law, the AUMENT COIN user will indemnify, defend and hold harmless the AUMENT team, the Company, its bodies, employees and related persons from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) client’s purchase or use of AUMENT COIN, access and use of AUMENT Platform and Services; (ii) client’s responsibilities or obligations under these T&Cs; (iii) client’s violation of these T&Cs; or (iv) client’s violation of any rights of any other person or entity.
AUMENT reserves the right to exercise sole control over the defense, at user’s 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 a written agreement between AUMENT COIN user and the Company.
The AUMENT COIN user is responsible for implementing reasonable measures for securing the wallet or other storage mechanism set to receive and hold the AUMENT COIN purchased from AUMENT, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If the AUMENT COIN user’s private key(s) or other access credentials are lost, the AUMENT COIN user may lose access to his Tokens. AUMENT is not responsible for any losses, costs or expenses relating to lost access credentials.
Currently, only English versions of any communications is considered official. The English version shall prevail in case of differences in translation.
The Terms, the arbitration clause contained in them, and all non-contractual obligations arising in any way whatsoever out of or in connection with these T&Cs are governed by, construed, and take effect in accordance with the laws of Switzerland with the exclusion of the conflict of law principles.
Any dispute or difference arising out of or in connection with these T&Cs or the legal relationships established by these T&Cs, including any question regarding its existence, validity or termination ("Dispute"), shall be referred to and finally resolved by arbitration under the Swiss Rules of
International Arbitration of the Swiss Chamber of Commerce, which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved. The number of arbitrators shall be three. The seat of the arbitration shall be Zug, Switzerland. The language of the arbitration shall be English.
A dispute arising out of or related to these T&Cs is personal to the AUMENT COIN user and AUMENT and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding, whether within or outside of arbitration. There will be no arbitration with an individual attempt to resolve a dispute as a representative of another individual or group of individuals.
By purchasing AUMENT COIN from THE COMPANY or through external exchange platforms, the clients must agree with the "accept button", to these T&Cs and will be bound by it. The AUMENT COIN user is deemed to have read, understood and accepted the T&Cs when successfully on-boarded. For further information regarding the AUMENT COIN, please contact info@aument.com.
January 2022
By purchasing, owning, and using AUMENT COIN, you expressly acknowledge and assume the following risks:
A private key, or a combination of private keys, is necessary to control and dispose of AUMENT COIN stored in your digital wallet. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing AUMENT COIN will result in loss of such AUMENT COIN. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate use your AUMENT COIN. Any errors or malfunctions caused by or otherwise related to the digital wallet chosen to receive and store AUMENT COIN, including AUMENT COIN user’s own failure to properly maintain or use such digital wallet, may also result in the loss of AUMENT COIN. Additionally, AUMENT COIN user’s failure to follow precisely the procedures set forth in for buying and receiving the AUMENT COIN, including, for instance, if the AUMENT COIN user provides the wrong address for the receiving AUMENT COIN, or provides an address that is not ERC-20 compatible, may result in the loss of the AUMENT COIN.
Because AUMENT COIN and the AUMENT Platform are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on the AUMENT Platform or the AUMENT COIN. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the AUMENT COIN and the AUMENT Platform, including the utility of the AUMENT COIN for obtaining Services, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
As with other decentralized cryptocurrency tokens based on the Ethereum protocol, AUMENT COINS are susceptible to attacks by miners in the course of validating AUMENT COIN transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the Platform and AUMENT COIN, including, but not limited to, accurate execution and recording of transactions involving AUMENT COIN.
Hackers or other malicious groups or organizations may attempt to interfere with the platform or AUMENT COIN in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the AUMENT Team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the AUMENT Platform and AUMENT COIN, including the utility of AUMENT COIN for obtaining Services.
Because secondary trading of Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to AUMENT COIN (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile. By purchasing AUMENT COIN, and to the extent permitted by law, the AUMENT COIN user agrees not to hold any of the AUMENT team and its respective past, present and future employees, officers, directors, contractors, consultants, equity users, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "Aument Team") liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the AUMENT COIN, including losses associated with the terms mentioned in this T&Cs.
In the event of loss or loss of utility value, there is no public insurer or private insurance arranged by AUMENT, to offer recourse to the AUMENT COIN user.
There is a risk that due to any reason/s, the AUMENT Project and Platform will not be longer viable to operate and the Company may dissolve and/or stop the AUMENT Project.
The regulatory status of AUMENT COIN and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the AUMENT Platform and AUMENT COIN. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the AUMENT Platform and AUMENT COIN.
AUMENT COIN user must seek his own tax advice in connection with purchasing AUMENT COIN, which may result in adverse tax consequences to AUMENT COIN user, including withholding taxes, income taxes and tax reporting requirements. The Company is not responsible for collecting taxes from AUMENT COIN users, for making any payments on behalf of the AUMENT COIN users, or for providing any professional advice relating to tax.
Because AUMENT COIN presents no governance rights, all decisions involving the Company’s products or Services within the AUMENT Platform or AUMENT itself will be made by AUMENT at its sole discretion. These decisions could adversely affect the AUMENT Platform and the value and utility of AUMENT COIN.
Cryptographic tokens such as AUMENT COIN are a new and untested technology. In addition to the risks included in this Annex A of these Terms, there are other risks associated with your purchase, possession and use of AUMENT COIN, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex A of these Terms. Purchases of AUMENT COIN should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic tokens and blockchain based software systems. AUMENT COIN user should have a functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. while the AUMENT will be available to assist AUMENT COIN users during the token sale, AUMENT will not be responsible in any way for loss of the AUMENT COIN resulting from actions taken by, or omitted by AUMENT COIN user. If you do not have such experience or expertise, then you should not purchase AUMENT COIN or participate in the token of AUMENT COIN. Your participation in the AUMENT COIN purchase is deemed to be your undertaking that you satisfy the requirements mentioned in these T&Cs.