Terms and Conditions for Investing via https://app.farm.xyz/

Please read these terms and conditions carefully before investing via the website https://app.farm.xyz/ (the "Website"). By investing via the Website, you agree to be bound by these terms and conditions and all terms incorporated by reference. If you do not agree to these terms, do not invest via the Website.


Investing in tokens or rights in relation thereto is speculative and is subject to a number of risks, some of which are outlined in these terms and conditions. If you have any doubt as to the suitability or otherwise of investing via the Website and receiving tokens, you should seek appropriate professional advice.


By investing via the Website, you expressly acknowledge and agree to the following:

  • You will not receive any tokens contemporaneous with your investment;
  • Your investment does not guarantee that you will receive any tokens at any time in the future;
  • The tokens (FarmX Tokens) are or will be created, stored, and utilized through the use of digital ledger technology (the "Farm XYZ Distribution Contract");
  • You are making an investment via the Farm XYZ Distribution Contract for the development of the company's technology (the "Farm XYZ") and the Farm XYZ ecosystem (the "Farm XYZ Platform"), as further described in the whitepaper (the "Whitepaper"), which can be found at the following address: https://farm.xyz/whitepaper/
  • Your investment of funds (the "Funds") will be made via a transfer to Farm XYZ according to the Whitepaper;
  • The Funds may be committed in the cryptocurrencies and fiat currencies listed as follows: USDT, USDC, DAI, BUSD;
  • If the agreed transfer of Funds is not made within 5 days of the signing of the Simple Agreement for Future Tokens (the "SAFT"), the SAFT is no longer valid;
  • The FarmX Tokens do not carry with them ownership rights express or implied of any form with respect to the company or financial or legal rights other than the right to use FarmX Tokens as a means to enable usage of and interaction with and within the Farm XYZ Platform, if successfully completed and launched;
  • The FarmX Tokens are not an investment, currency, security, commodity, a swap on a currency, security, or commodity, or any other kind of financial instrument;
  • The value of the FarmX Tokens is highly speculative and may fluctuate significantly;
  • The company is under no obligation to list the FarmX Tokens for trading on any exchange;
  • The company does not guarantee a market for the FarmX Tokens, and the ability to sell the FarmX Tokens may be limited;
  • The company does not guarantee that the FarmX Tokens will have any functionality or utility;
  • You understand that the FarmX Tokens do not represent a share or stake in the company or the Farm XYZ Platform, and that you are not entitled to any dividends, profits, or other forms of distribution or distribution rights from the company;
  • You acknowledge that the company is under no obligation to use the Funds for any specific purpose;
  • You acknowledge that the company may use the Funds for any purpose it deems fit, including but not limited to the development of the Farm XYZ Platform;
  • You acknowledge that the company is under no obligation to provide any updates on the use of the Funds or the development of the Farm XYZ Platform;
  • You understand that the development of the Farm XYZ Platform is subject to significant uncertainty and that the company may not be able to complete the development of the Farm XYZ Platform as planned;
  • You acknowledge that the company may not be able to deliver the FarmX Tokens to you

Liability

  • To the maximum extent permitted by law, the company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from:
    • The use or inability to use the Website;
    • The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Website;
    • Unauthorized access to or alteration of your transmissions or data;
    • Statements or conduct of any third party on the Website; or
    • Any other matter relating to the Website.
  • The company shall not be liable for any failure to perform its obligations under these terms and conditions where such failure is due to circumstances beyond its reasonable control.

Dispute Resolution

  • Any dispute arising out of or in connection with these terms and conditions, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the International Centre for Dispute Resolution's International Mediation Rules. The arbitration shall be conducted in English and the seat of the arbitration shall be London, United Kingdom. The arbitration panel shall consist of three arbitrators, with each Party being entitled to appoint one arbitrator and the third arbitrator being appointed by the two appointed arbitrators.
  • The Parties undertake to keep confidential all matters relating to the arbitration, including the award.

Governing Law

  • These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

Severability

  • If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall remain in full force and effect.

Entire Agreement

  • These terms and conditions constitute the entire agreement between you and the company and supersede all prior and contemporaneous agreements, proposals, or understandings, whether written or oral.

Assignment

  • You may not assign or transfer any of your rights or obligations under these terms and conditions without the prior written consent of the company. The company may assign or transfer any of its rights or obligations under these terms and conditions without your consent.

Waiver

  • The failure of either party to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.

Changes to these terms and conditions

  • The company reserves the right to make changes to these terms and conditions at any time. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes.

Contact information

  • If you have any questions about these terms and conditions, you may contact the company at support@farm.xyz.

Data Protection and Privacy

  • We are committed to protecting the privacy and security of your personal data. We will only collect, use, and store your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
  • The personal data that we may collect from you includes your name, contact information, and any other information that you choose to provide to us. We may use your personal data for the following purposes:
    • To provide the services or information that you have requested;
    • To communicate with you;
    • To improve our services;
    • To comply with legal and regulatory requirements.
  • We will only share your personal data with third parties where it is necessary to fulfill the purposes set out above or where we are required to do so by law. We will take appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction.
  • You have the right to access, rectify, erase, restrict, or object to the processing of your personal data, as well as the right to data portability. You also have the right to withdraw your consent at any time, where consent is the legal basis for processing your personal data. You can exercise these rights by contacting us at support@farm.xyz.
  • If you have any concerns about how we handle your personal data, you have the right to lodge a complaint with the relevant data protection authority.

KYC and AML

  • In order to comply with anti-money laundering (AML) regulations, we are required to conduct Know Your Customer (KYC) checks on all investors. As part of the KYC process, we may collect and verify personal data such as your name, address, and identification documents. This personal data will only be used for AML purposes and will be stored securely by an external KYC provider.
  • By investing via the Website, you consent to the collection and verification of your personal data for KYC and AML purposes. You also understand that your investment may be declined or suspended if we are unable to successfully complete the KYC process.
  • We will take appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction. However, please be aware that the transmission of data over the internet is not completely secure and we cannot guarantee the security of your data during transmission.
  • You have the right to access, rectify, erase, restrict, or object to the processing of your personal data, as well as the right to data portability. You also have the right to withdraw your consent at any time, where consent is the legal basis for processing your personal data. You can exercise these rights by contacting us at support@farm.xyz.
  • If you have any concerns about how we handle your personal data, you have the right to lodge a complaint with the relevant data protection authority.

Intellectual Property

  • All intellectual property rights in the Website and its content, including but not limited to text, graphics, logos, images, and software, are owned by Farm XYZ LTD or its licensors. Your access to and use of the Website does not grant you any license or right to use any intellectual property displayed on the Website.
  • By posting content on the Website, you represent and warrant that you have the right to do so and that such content does not infringe the intellectual property rights of any third party. You grant Farm XYZ LTD a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with the Website.

Third-Party Links

  • The Website may include links to third-party websites. These links are provided for your convenience and do not constitute an endorsement by Farm XYZ LTD of the content or practices of those websites. Farm XYZ LTD is not responsible for the content or practices of those websites and does not accept any liability for their use. You should review the terms and conditions and privacy policies of any third-party website that you access through the Website.