Interacts Diabolo's Tweet and win DCASH

1. GENERAL 

TERMS AND CONDITIONS OF DCASH PRIVATE SALE 

1. 1.1.  These terms and conditions (hereinafter referred to as “T&C”) govern the private sale of the DCASH digital tokens. The DCASH private sale is performed by DIABOLO Sàrl, a company incorporated under the laws of Switzerland, whose registered office is at Chemin de Madame de Warens 2, 1816 Montreux, Vaud, registred under the numero: CH-550.1.197.240-4 (hereinafter referred to as “Diabolo” or “Company”).  
2. 1.2.  The Company is a for-profit corporation proceeding to the private sale of DCASH digital tokens for the purpose of financing its business activity and executing its vision to create a digital ecosystem of services dedicated to cryptocurrency social trading. 
3. 1.3.  The Company is not a bank, a security firm, an asset manager, a portfolio manager or an investment advisor. The Company is not a financial institution or a financial service provider. The Company has not received any license of authorisation by AMF, FINMA or any other regulatory authority. Diabolo does not, and shall not at any time, give any financial advice whatsoever, including with regards to the purchase of DCASH digital tokens. Please note that the Company is not acting as a financial institution or as a financial service provider in the framework of the DCASH private sale, nor the Company is issuing or offering any security or financial instrument. The Contributions (as defined below) collected through the DCASH private sale will only be used to finance the current business activities of the Company and the further development of the Diabolo Ecosystem (as defined below). 
4. 1.4.  By transferring crypto-assets to the DCASH Smart Contract (as defined below), you acknowledge that you have read and understood the present T&C, and you agree to be bound by such T&C. These T&C constitute a binding agreement between Diabolo and the users transferring digital tokens to the DCASH Smart Contract (hereinafter referred to as the “Contributors”). These T&C should be read carefully by each Contributor. Each Contributor must understand, irrevocably accept and comply with these T&C at all times. 

5. 1.5.  Your Contribution (as defined below) does not create any express or implied participation in the Company's equity ownership, nor does it give rise to any rights or claims over the Company’s revenues and profits, nor does it entitle you to receive any yield or financial interest. Your Contribution is not an investment, and the Contributors shall not expect any financial return from the purchase of DCASH digital tokens. The Contributors shall have no rights conferred on them other than the right to access the Diabolo Ecosystem and utilize the services therein. 
6. 1.6.  The whitepaper available on https://diabolo.io/white-paper/ (hereinafter referred to as “the Whitepapaer”) and these T&C are not deemed to provide - and must not be held as such - any advice relating to your decision whether or not to purchase DCASH digital tokens and must not be considered as providing complete information in relation to such a decision. No information published by Diabolo in the Whitepaper, on the website https://diabolo.io/ (hereinafter referred to as “the Website”) or elsewhere, constitutes a solicitation, an offer, or a recommendation to buy or sell any financial products, to perform any transactions, or to conclude any legal act of any kind whatsoever. The content of the Whitepaper and of the Website should not be considered as financial advice in any circumstance. 
7. 1.7.  THE PRIVATE SALE OF DCASH DIGITAL TOKENS SHALL BE LIMITED TO WHITELISTED USERS, ACCORDING TO THE PROCEDURE ESTABLISHED ON THE WEBSITE. 
8. 1.8.  BY PURCHASING DCASH DIGITAL TOKENS, YOU AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. 
9. 1.9.  IT IS UNDERSTOOD AND PRESUMED THAT, BEFORE PURCHASING DCASH DIGITAL TOKENS, THE CONTRIBUTOR HAS FULLY READ, UNDERSTOOD, AND IRREVOCABLY ACCEPTED THESE T&C. IF ANY USER DOES NOT AGREE WITH THESE T&C IN GENERAL OR ANY PART OF IT, SUCH USER SHOULD ENTIRELY WITHHOLD FROM USING THE WEBSITE AND/OR PURCHASING DCASH DIGITAL TOKENS. 

2. 

10. 1.10.  IF YOU DO NOT AGREE TO ALL OF THESE T&C, PLEASE DO NOT USE THE WEBSITE OR ANY INFORMATION, LINK OR CONTENT CONTAINED ON THE WEBSITE AND DO NOT PARTICIPATE IN THE DCASH PRIVATE SALE. 
11. 1.11.  YOUR TRANSFER OF DIGITAL TOKENS TO DIABOLO OR YOUR ACCESS TO AND USE OF THE WEBSITE CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY EACH AND EVERY RULE AND PROVISION OF THESE T&C, INCLUDING OUR PRIVACY POLICY THAT IS HEREBY INCORPORATED IN THESE T&C BY REFERENCE. IF YOU ARE USING THE WEBSITE ON BEHALF OF YOUR ORGANIZATION, THAT ORGANIZATION ACCEPTS THESE T&C. 
12. 1.12.  PLEASE NOTE THAT THESE T&C HAVE NOT BEEN APPROVED BY ANY REGULATOR, COMPETENT AUTHORITY OR AUTHORISED PERSON IN GENERAL, AND SPECIFICALLY NOT WITHIN THE MEANING OF A COMPETENT AUTHORITY ACCORDING TO SWISS OR EU LAW. THEREFORE, RELYING ON THIS DOCUMENT FOR THE PURPOSE OF PURCHASING DCASH DIGITAL TOKENS MAY EXPOSE YOU TO A SIGNIFICANT RISK OF LOSS OF ALL ASSETS. 
13. 1.13.  The contents of the Website, including blog, social media (YouTube, Instagram, Twitter, Facebook, etc.) and any press release or article regarding Diabolo or public statements, are non binding and are subject to change at the sole discretion of Diabolo. They are not part of these T&C and must not be held as modifying or amending them in any way. 

DIABOLO ECOSYSTEM 

1. 2.1.  The Diabolo Ecosystem shall have the purpose of providing its users with social trading services for the cryptocurrency market. For the purpose of these T&C, “Diabolo Ecosystem” shall mean all the digital tools and services released by Diabolo to its community. 
2. 2.2.  The access to Diabolo Ecosystem and the usage of the digital tools and services released by Diabolo is restricted to the holders of DCASH digital tokens. 

3. 2.3.  The Diabolo Ecosystem consists of a Software as a service (SaaS) solution for cryptocurrency copy trading named “Dtrading”. Other digital tools and services illustrated in the Whitepaper have been conceived but not yet developed. The Company does not guarantee the future release of any other digital tools or services and reserves the possibility to modify the characteristics of the digital tools and services illustrated in the Whitepaper. The Contributor understands and accepts that the development of the Diabolo Ecosystem is the sole and exclusive competence of Diabolo. The Company shall be entirely free in its way of developing the Diabolo Ecosystem and pursuing the vision expressed in the Whitepaper. 
4. 2.4.  The Contributor understands and agrees that for the purpose of the development of the Diabolo Ecosystem, Diabolo will receive the full amount of the Contributions. This amount covers expenses, charges and other costs that may arise in relation to Diabolo and/or its subcontractors as part of the development of the Diabolo Ecosystem. Diabolo will allocate the Contributions in accordance with the Whitepaper, but (within this general frame) Diabolo decides in its sole discretion how to allocate the Contributions in order to develop the Diabolo Ecosystem at its best. 
5. 2.5.  The Contributor understands and agrees that the Diabolo Ecosystem is still at its beginnings and will need to go through substantial development works. As a consequence, it may undergo significant conceptual, technical and commercial changes before release, the identification and implementation of which are fully and entirely of Diabolo’s discretion. 
6. 2.6.  The Contributor is aware of the risk that even if all or parts of the Diabolo Ecosystem are successfully developed and released in full or in part, the Diabolo Ecosystem could, due to a lack of public interest, be fully or partially abandoned, suspended, remain commercially unsuccessful or be shut down for lack of interest, funds, regulatory reasons or any other reasons. Such reasons, as well as any of their consequences, shall be assessed and evaluated by Diabolo alone, who shall be fully and entirely free to take any and all measures it would deem necessary or appropriate. The Contributor understands and agrees that the 

purchase of DCASH digital tokens carries significant financial, regulatory and/or reputational risks, including the complete loss of value of DCASH digital tokens. 

3. THE DCASH DIGITAL TOKENS 

1. 3.1.  DCASH digital token shall be an Ethereum ERC20 and Solana SPL cross-chain digital token having the purpose of enabling access to the Diabolo Ecosystem. 
2. 3.2.  DCASH digital tokens do not represent any kind of equity right over the Company, they do not incorporate any rights or claims over the profits or revenues of the Company. DCASH digital tokens neither provide the owner with a conversion right into shares of Diabolo or other equity of Diabolo, nor represent or confer any ownership right or stake, share or security or equivalent rights, voting right or any right to receive dividends, future revenue shares, intellectual property rights or any other form of participation in Diabolo and/or its corporate affiliates and/or the Diabolo Ecosystem. You understand and agree that DCASH digital tokens shall not represent shares, bonds, securities, structured products, derivatives or any kind of financial instrument or investment product. 
3. 3.3.  DCASH digital tokens shall not represent electronic money or any other kind of payment instrument. You understand and agree that Diabolo is not providing any payment system through DCASH digital tokens. DCASH digital tokens are not a means of payment of products or services outside the Diabolo Ecosystem. They do not constitute or represent, and must not be held as constituting any form of currency. 
4. 3.4.  The Contributor understands and accepts that the purchase of DCASH digital tokens does not involve the purchase of shares or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction. Thus, the Contributor understands and accepts that he/she/it will have no influence over governance of Diabolo, with the exception of those decisions, concerning the future evolution of the Diabolo Ecosystem, that Diabolo, at its sole discretion, decides to hold a referendum on, within the community of DCASH token holders. 
5. 3.5.  DCASH digital tokens shall be regarded as utility tokens according to the definition contained in the “Guidelines for enquiries regarding the regulatory 

framework for initial coin offerings (ICOs)” issued by the Swiss financial regulator (FINMA) on 16 February 2018, in the “Report with advice for the European Commission on crypto-assets” issued by the European Banking Authority (EBA) on 9 January 2019, and in the “Guidance on Cryptoassets: Feedback and Final Guidance to CP 19/3” issued by the British financial regulator (FCA) in July 2019. Furthermore, DCASH digital tokens shall be regarded as pure utility-type crypto-assets according to point n. 86 of the “Advice Initial Coin Offerings and Crypto-Assets” issued by the European Securities and Markets Authority (ESMA) on 9 January 2019. 

6. 3.6.  PLEASE NOTE THAT THE PURCHASE OF DCASH DIGITAL TOKENS CARRIES SIGNIFICANT RISKS, INCLUDING, BUT NOT LIMITED TO, THE POSSIBLE LOSS OF ALL VALUE PUT IN DCASH DIGITAL TOKENS. PRIOR TO PURCHASE, CAREFULLY CONSIDER THE POTENTIAL RISKS AND, TO THE EXTENT NECESSARY, CONSULT A LAWYER, ACCOUNTANT, AND/OR TAX PROFESSIONAL OR OTHER ADVISORS TO EVALUATE THE RISK ENTAILED. DO NOT OVERCOMMIT. WE MAKE NO PROMISES NOR WARRANTIES WHATSOEVER OF POSSIBLE GAINS OR RETURNS, IN CASH OR IN ANY OTHER FORM. YOU CAN POTENTIALLY LOSE ALL YOUR CONTRIBUTION. DIABOLO DOES NOT GUARANTY IN ANY WAY THE SUCCESS OR FULL EXECUTION OF THE DIABOLO ECOSYSTEM. 
7. 3.7.  You understand that blockchain technology is still in an early stage of development. It therefore carries significant operational, technological, financial, regulatory and reputational risks. You are fully aware of such risks and accept them as part of your participation in the DCASH private sale. 
8. 3.8.  It is your sole responsibility to not lose your DCASH digital tokens, in particular by losing access to the keys which allow access to your wallet and/or allowing malicious third parties to access your keys and/or your wallet. 
9. 3.9.  DIABOLO WILL NOT BE HELD LIABLE FOR ANY LOSS OF DCASH DIGITAL TOKENS AND/OR OTHER DAMAGE INCURRED BY YOU AS A RESULT OF THE TRANSFER OF THE DCASH DIGITAL TOKENS TO YOUR WALLET OR LOSS OF KEY OR ATTACK ON YOUR WALLET. 

3.10. THE COMPANY CANNOT BE HELD LIABLE FOR ANY LOSS OF CRYPTO-ASSETS IN THE EVENT OF LOSS DURING THE PROCESS OF PURCHASE OF DCASH DIGITAL TOKENS. 

4. DCASH PRIVATE SALE OFFER AND ACCEPTANCE 

1. 4.1.  One million six hundred thousand DCASH digital tokens shall be available for purchase to eligible Contributors only during a predefined period that shall be communicated on the Website. 
2. 4.2.  Diabolo shall be entitled to decide if you are an eligible Contributor at its sole discretion. Diabolo shall be entitled to refuse Contributors without having to explain its reasons. 
3. 4.3.  Legally binding acceptance of the Offer shall be conducted by an eligible Contributor on the Website (hereinafter referred to as the “Offer Acceptance”) by clicking on the “DCASH private sale” button (or similar) on the Website. From this moment on, the Offer shall be considered formally accepted by the respective Contributor and the Contributor shall be obliged to pay the price of the respective number of DCASH digital tokens. 
4. 4.4.  Offer Acceptance by an eligible Contributor shall be deemed irrevocable and binding for the Contributor. Diabolo is however entitled to refuse, at its sole discretion, any Contribution to the DCASH private sale. 
5. 4.5.  The Contributor shall be entitled to claim the DCASH digital tokens purchased during the private sale after six months from the token generation event. The Contributor shall be entitled to claim a maximum of 5% per week of the purchased DCASH digital tokens. 
6. 4.6.  PRICE AND PAYMENT PROCEDURE 

   4.6.1. The price per DCASH digital token purchased under this Agreement shall correspond to thirteen cents United States dollars ($0.13). 

   4.6.2. Diabolo shall not accept fiat currencies as payment for DCASH digital tokens. The only valid means of payment for the participation in the private sale is ETH. You are solely responsible for any exchange rate 

applicable, for any transaction fee charged by your intermediaries, as well as for any delay in the transfer of your funds to Diabolo. Should your funds be credited to Diabolo after the end of the Contribution Period, Diabolo will decide, in its sole discretion, whether or not You will be entitled to purchase DCASH digital tokens. If not, Diabolo will transfer your funds back. Any fee charged for such transfer shall be paid by You. Diabolo may in no case be held liable for any loss of the fiat currencies incurred during the transaction. 

4.6.3. The private sale shall be performed through a smart contract existing on the Ethereum blockchain at the following address: 0xC7036cE409B718A7F60FBBD9274B040aBca54E09. 

4. 4.6.4.  To purchase DCASH digital tokens, the Contributor shall only send ETH from his/her/its personal wallet, in the amount which is commensurate to the amount of the DCASH digital tokens the Contributor is willing to receive for such payment. The Contributor undertakes to control solely the address and/or the wallet and/or the bank account used for the Contribution, shall not act on behalf of any third party, and shall not transfer the control of the mentioned address, wallet or bank account to any third party. 
5. 4.6.5.  The Contributor is not entitled to send any funds to purchase DCASH digital tokens until the DCASH Token Sale has officially begun, except for the case of the DCASH digital tokens presale that takes place before the general DCASH digital tokens Sale and is conducted only among a limited number of especially eligible contributors as shall be defined by Diabolo in its sole discretion. The Contributor is not entitled to send any cryptocurrency to purchase DCASH digital tokens after the end of the Contribution Period. 
6. 4.6.6.  The amount of DCASH digital tokens to be provided to a Contributor shall be specified in an eligible Contributor’s registered account on the Website upon completion of DCASH digital tokens purchase and the KYC ("know your customer") checks. The DCASH digital tokens shall be sent to the Contributor’s personal respective wallet via smart contract after the end of 

the Contribution Period. In order to receive DCASH digital tokens, the eligible Contributor is obliged to strictly follow any and all requirements and procedures set forth by Diabolo, as shall be mentioned on the Website or otherwise communicated by Diabolo to the Contributor (including provision of necessary identification information about the Contributor, information about his wallet, filling-in Contributor’s profile on the Website, complying with KYC/AML/OFAC screening procedures, etc.). Diabolo shall not be held liable for inability of the Contributor to receive or use DCASH digital tokens because of Contributor’s failure to follow any of the requirements and procedures of Diabolo or due to any possible misrepresentations of the Contributor. No refunds, or any other type of repayment, of Contributions shall be made in such cases. 

7. 4.6.7.  The purchase of the DCASH digital tokens by the Contributor from Diabolo is final, and, thus, there are no refunds and/or cancellations. By contributing to the Diabolo Ecosystem, you understand and agree that you shall expect no return, interest, dividend, increase of value or even repayment by Diabolo of the substance of your Contribution. 
8. 4.6.8.  Diabolo shall not store DCASH digital tokens on a Contributor’s behalf; any DCASH digital tokens shall be stored in the Contributor’s own wallet. The Contributor is the sole responsible to insure the correct keeping, in full security, of any and all access information relating to his wallet. Diabolo shall have no responsibility or liability in this context. 
9. 4.6.9.  Diabolo does not have any access to any passwords of any Contributor’s wallet. 
10. 4.6.10.  The Contributor understands and agrees that the purchase transactions of DCASH digital tokens shall be stored on the Ethereum blockchain and available for reference and check. 
11. 4.6.11.  Diabolo shall not manage, invest or in any other way interfere with the DCASH digital tokens that are stored on the Contributor’s own wallet. The Contributor shall be solely responsible for any and all managing, use and decision linked to his DCASH digital tokens. 

4.7. 

DCASH DIGITAL TOKENS SALE PROCEEDS STATUS 

1. 4.7.1.  The proceeds from the DCASH private sale (the “Proceeds”) received by Diabolo from the sale of DCASH digital tokens to Contributors shall only be deemed as proceeds received from the sale of services offered within the Diabolo Ecosystem. The Contributions shall correspond to the Proceeds. 
2. 4.7.2.  The Proceeds might be converted by Diabolo into fiat currency at any time for the purpose of completion of the Diabolo Ecosystem, at its full and entire discretion. 
3. 4.7.3.  You agree that DCASH digital tokens are not securities, collective investment schemes or any other financial instruments and shall not be considered as such; the offering of DCASH digital tokens is not registered with any government entity and does not represent any share, stake, or security or equivalent rights including, but not limited to, any right to receive future revenue shares and intellectual property rights in Diabolo, and do not represent any ownership rights in Diabolo. 

USE OF PROCEEDS 

1. 4.8.1.  The Proceeds will not be managed by Diabolo for the Contributors, nor invested by Diabolo or by any third parties on behalf of the Contributors. 
2. 4.8.2.  You understand and agree that Diabolo is a commercial entity and that the Proceeds collected through the DCASH Token Sale will be used for the sole purpose of developing and financing the commercial activity of Diabolo, including the Diabolo Ecosystem, according to the vision expressed in the Whitepaper. 

RESTRICTIONS 

4.9.1. Contributors cannot purchase DCASH digital tokens if there are applicable legal restrictions in their country of residence. It is the responsibility of each Contributor to seek legal advice in his/her/its jurisdiction to identify any such legal restrictions. 

4.8. 

4.9. 

2. 4.9.2.  Contributors understand and fully agree that Diabolo is entitled to ban or otherwise restrict the participation in the DCASH private sale (solely upon Diabolo’s discretion and by any means) if the respective Contributor does not meet any of the eligibility requirements set forth by Diabolo for the purpose of DCASH PRIVATE sale conduction or on other grounds. In the same way, Contributors understand and fully agree that Diabolo is entitled to ban or otherwise restrict their possibility of having, using or in any other way keeping DCASH digital tokens if the respective Contributor does not meet any of the eligibility requirements set forth by Diabolo in relation to such holding. 
3. 4.9.3.  Contributors understand and fully agree that certain jurisdictions restrict (or may restrict in future) their residents or citizens from participation in any token sales, the use of cryptocurrencies, or use of any cryptocurrency exchanges for various reasons. Diabolo does not bear any liability for any possible current or future impossibility to use DCASH digital tokens because of the aforementioned or any other possible restrictions. 
4. 4.9.4.  The Website and/or DCASH digital tokens are intended for sale to Contributors only in those jurisdictions and to those persons where and to whom they lawfully may be offered for sale under respective applicable regulations (“Permitted Jurisdictions”). You are only permitted to use the Website and purchase DCASH digital tokens if Your primary residence or domicile is in a Permitted Jurisdiction. 
5. 4.9.5.  The sale of DCASH digital tokens is being made in the Permitted Jurisdictions on the basis that the DCASH digital tokens do not constitute a security, financial instrument, or otherwise regulated investment in those jurisdictions, such that the prospectus or other disclosure requirements and other investor safeguards that would apply to a securities offering will not apply to the issuance and sale of DCASH digital tokens in the Permitted Jurisdictions. In addition, DCASH is not regulated in the Permitted Jurisdictions and is not required to be registered with, or licensed or authorized by, any relevant authorities. If Your primary residence or domicile is not in one of the Permitted Jurisdictions, you are 

4.10. 

not permitted to purchase DCASH digital tokens and we reserve the right to refuse to sell DCASH digital tokens to You and the right to restrict Your access to the Website. 

6. 4.9.6.  THE OFFER IS NOT BEING MADE DIRECTLY OR INDIRECTLY IN, NOR IS IT INTENDED TO EXTEND TO, A COUNTRY OR JURISDICTION WHERE SUCH OFFER WOULD BE CONSIDERED UNLAWFUL OR IN WHICH IT WOULD OTHERWISE BREACH ANY APPLICABLE LAW OR REGULATION OR WHICH WOULD REQUIRE Diabolo TO AMEND ANY TERM OR CONDITION OF THE OFFER IN ANY WAY OR WHICH WOULD REQUIRE Diabolo TO MAKE ANY FILING WITH, OR TAKE ANY ADDITIONAL ACTION WITH REGARDS TO, ANY GOVERNMENTAL, REGULATORY OR LEGAL AUTHORITY (“COUNTRY OR JURISDICTION”). 
7. 4.9.7.  THESE T&C DO NOT CONSTITUTE, AND MAY NOT BE USED FOR THE PURPOSES OF AN OFFER OR SOLICITATION TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR SOLICITATION. OFFERING MATERIALS RELATING TO THIS OFFER MAY NOT BE DISTRIBUTED IN NOR SENT TO SUCH COUNTRY OR JURISDICTION AND MAY NOT BE USED FOR THE PURPOSES OF SOLICITING THE PURCHASES OF DCASH digital tokens FROM ANYONE IN SUCH COUNTRY OR JURISDICTION. 
8. 4.9.8.  Specific restrictions to the DCASH private sale are listed and detailed in the Appendix I (“Restrictions”). Such Restrictions are however not deemed to be exhaustive and other limitations, restrictions or bans (including any ban linked to a Permitted Jurisdiction) are explicitly reserved. 

ACKNOWLEDGEMENTS 

4.10.1. By purchasing DCASH digital tokens, You acknowledge and agree, amongst others, the following: 

4.10.1.1. YOU UNDERSTAND AND AGREE THAT THE PURCHASE OF DCASH DIGITAL TOKENS IS NOT MEANT TO GENERATE ANY 

4.10.1.2. 

4.10.1.3. 

PROFIT, INTEREST, GAIN, DIVIDEND NOR EVEN TO MAINTAIN THE SUBSTANCE OF YOUR CONTRIBUTION, BUT ONLY ALLOWS YOU TO BENEFIT FROM ADVANTAGES OR DISCOUNTS AND, EVENTUALLY, AT DIABOLO’S SOLE DISCRETION, TO PARTICIPATE TO REFERENDUMS CONCERNING THE FUTURE OF THE DIABOLO ECOSYSTEM. YOUR PURCHASE OF DCASH DIGITAL TOKENS IS HEREBY ONLY INTENDED TO ALLOW DIABOLO TO PURSUE ITS VISION. 

YOU UNDERSTAND AND AGREE THAT THE DCASH TOKEN IS NOT A SECURITY AND DOES IN NO WAY MAKE YOU A SHAREHOLDER OF DIABOLO NOR DOES IT GIVE YOU ANY RIGHT ASSOCIATED TO THE SHAREHOLDING OR THE MANAGEMENT OF A COMPANY, INCLUDING DIABOLO OR ANY OF ITS AFFILIATED COMPANIES. 

YOU UNDERSTAND AND AGREE THAT DIABOLO HAS NO DEBT TOWARDS YOU WITH RESPECT TO DCASH DIGITAL TOKENS AND WILL HAVE NO OBLIGATION TO BUY YOU BACK ANY DCASH TOKEN YOU PURCHASED OR TO REFUND YOU IN ANY WAY, NOR TO ENSURE YOU ANY ADVANTAGE OR DISCOUNT WHATSOEVER IN RELATION TO, OR IN EXCHANGE OF, YOUR DCASH DIGITAL TOKENS. 

YOU ARE SOLELY RESPONSIBLE FOR SEEKING LEGAL, BUSINESS, TAX, REGULA TORY , ACCOUNTING AND FINANCIAL ADVICE IN THE JURISDICTIONS RELEVANT FOR YOU WHEN PURCHASING DCASH DIGITAL TOKENS. YOU SHOULD NOT CONSTRUE THE CONTENTS OF THIS T&C AS LEGAL, BUSINESS, TAX, ACCOUNTING, INVESTMENT OR OTHER ADVICE. 

YOU ACKNOWLEDGE AND AGREE THAT THE DCASH TOKEN SALE IS NOT A COLLECTIVE INVESTMENT SCHEME OR A SALE OF DERIVATIVES WHATSOEVER. YOU UNDERSTAND 

4.10.1.4. 

4.10.1.5. 

4.11. 

INFORMATION REQUIREMENTS 

4.11.1. You understand and agree that, in order to participate to the DCASH private sale, you should inform Yourself as to: 

4.11.1.1. the legal requirements of Your own country, as well as all applicable laws and regulations of any relevant jurisdiction, for the purchase, holding, transfer or other disposal of DCASH; 

4.11.1.2. any foreign exchange restrictions applicable to the purchase, holding, transfer or other disposal of DCASH digital tokens which they might encounter; and 

4.11.1.3. any income and other tax consequences which may apply in Your own jurisdiction as a result of the purchase, holding, transfer or other disposal of DCASH digital tokens. You must rely upon Your own representatives, including Your own legal advisers and accountants, as to legal, tax or any other related matters concerning Diabolo, DCASH digital tokens and a purchase thereof. 

4.10.1.6. 

AND AGREE THAT THE DCASH TOKEN SALE IS NOT DONE UNDER THE SUPERVISION OF ANY REGULATOR, INCLUDING THE SWISS REGULATORY AUTHORITY (FINMA). THESE T&C OR THE WHITEPAPER DO NOT REPRESENT A PROSPECTUS FOR THE ISSUANCE OF BONDS, SECURITIES OR OTHER FINANCIAL INSTRUMENTS. 

YOU ACKNOWLEDGE AND AGREE THAT NEITHER THESE T&C, NOR ANY OF THE DCASH DIGITAL TOKENS, HAVE BEEN OR WILL BE REGISTERED OR FILED UNDER THE SECURITIES LAWS OR REGULATIONS OF ANY JURISDICTION OR APPROVED, RECOMMENDED OR DISAPPROVED BY ANY SECURITIES OR OTHER REGULATORY AUTHORITY NOR HAS ANY SUCH AUTHORITY CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THESE T&C. 

5. RISKS 

1. 5.1.  The Contributors expressly agree that they are purchasing and receiving DCASH digital tokens at their sole risk and that the Website and DCASH digital tokens are provided on an "as is" and the Diabolo Ecosystem on an “under development” basis without warranties of any kind, either expressed or implied. 
2. 5.2.  You understand and agree that the purchase and any other acquisition of DCASH digital tokens contains significant risks. Therefore, the purchase of DCASH digital tokens should be undertaken only by Contributors experienced with cryptographic tokens and blockchain based software with a functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. 
3. 5.3.  By purchasing DCASH digital tokens, the Contributors confirm that they understand and assume the risks involved in such a transaction. 
4. 5.4.  In particular, you confirm to fully understand and accept that: 
   1. 5.4.1.  DCASH Token Sale will not involve issuance of any currency, securities (whether equity securities or otherwise, including unregistered security) or other kind of investment certificate; 
   2. 5.4.2.  DCASH digital tokens are merely cryptographic tokens existent on the Ethereum and Solana blockchains that can enable usage of and interactions with services enabled by Diabolo according to the Whitepaper, after having clarified the regulatory issues with FINMA and if successfully completed and deployed; 
   3. 5.4.3.  DCASH digital tokens are dependent upon the Ethereum and Solana blockchains and may be entirely lost in the event the existence of such blockchains is suspended or compromised, for any reason; 
   4. 5.4.4.  DCASH digital tokens are not redeemable, associated with financial return or backed by any underlying asset, security or repurchase commitment and do not necessarily have market prices, market value or transactions between peers; 

5. 5.4.5.  DCASH digital tokens do not stand for any sort of investment contract for all intents and purposes; 
6. 5.4.6.  The purchase of DCASH digital tokens is not an investment, nor a collective investment scheme and you are not expecting any repayment, refund, return or profit from your Contribution. Furthermore, your Contribution will not be invested by Diabolo or managed by Diabolo or by any third party. Your Contribution will only be used for financing the commercial operations of Diabolo. 

5. 5.5.  You must not and agree not to participate in the DCASH private sale with a view to investment or speculation or in pursuit of any profit. Your Contribution shall rather be made for the sole purpose of the achievement of the Diabolo Ecosystem. By purchasing DCASH digital tokens, you shall not expect to get anything else than DCASH digital tokens in return out of your Contribution. 
6. 5.6.  Your Contribution for the purchase of DCASH digital tokens will be non-refundable. Therefore, you are expected and agree to give full considerations to all risk factors, including but not limited to the volatility of cryptocurrency prices and markets in general, risks of systemic failure, risks of code failure, bugs, hardware failure, loss of data, theft, lost usernames, passwords or private keys, incorrectly executed transactions and/or hacks which can lead to, inter alia, the complete loss of the DCASH digital tokens. 
7. 5.7.  The blockchain technology allows new forms of interaction and it is possible that certain jurisdictions will apply existing regulations on or introduce new regulations addressing blockchain technology based applications which may be contrary to the current setup of the DCASH digital tokens and which may, inter alia, result in substantial modifications or loss of the DCASH digital tokens. 
8. 5.8.  The field of digital cryptography is very new and for this reason there is a risk of unforeseen attacks on several or all parts of the DCASH Token system. In the event of such an attack/hack, you may lose all your DCASH digital tokens. 
9. 5.9.  The Contributor understands the inherent risks associated with the blockchain technology and cryptocurrencies, including, but not limited to, those listed hereinafter: 

1. 5.9.1.  Risks associated with (intellectual) property rights: the Contributor understands and accepts that, due to a lack of originality of the software and to the immaterial character of the DCASH digital tokens, there may be no title of ownership in and to the DCASH digital tokens. 
2. 5.9.2.  Risks associated with the blockchain: the Contributor understands and accepts that the Smart Contract, the underlying software application and software platform (i.e. the Ethereum blockchain) is still in an early development stage and unproven. The Contributor understands and accepts that there is no warranty that the process for creating DCASH and/or the Ethereum blockchain will be uninterrupted or error-free and acknowledges that there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of ETH, other (financial) support of the Ecosystem and/or DCASH. The Contributor understands and accepts that the Smart Contract and/or underlying protocols and/or any other software involved may either delay and/or not execute a Contribution due to the overall Contribution volume, mining attacks and/or similar events. 
3. 5.9.3.  Regulatory risks: the Contributor understands and accepts that the it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the Smart Contract or the Diabolo Ecosystem and which may, inter alia, result in substantial modifications of the Smart Contract and/or the Diabolo Ecosystem, including its termination and the loss of DCASH digital tokens for the Contributors. 
4. 5.9.4.  Risks associated with abandonment / lack of success: the Contributor understands and accepts that the creation of the DCASH digital tokens and the development of the Diabolo Ecosystem may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing Ecosystems). The Contributor therefore understands that there is no assurance that, even if the Diabolo Ecosystem is partially or fully 

developed and launched, the Contributor will receive any benefits through the DCASH digital tokens held by him/her/it. 

5. 5.9.5.  Risks associated with other applications: the Contributor understands and accepts that the Diabolo Ecosystem may give rise to other, alternative Ecosystems, promoted by unaffiliated third parties, under which DCASH digital tokens will have no intrinsic value. 
6. 5.9.6.  Risks associated with a loss of private key: the Contributor understands and accepts that DCASH digital tokens can only be accessed by using an Ethereum wallet with a combination of Contributor’s account information (address) and private key or password. The Contributor understands and accepts that if his/her/its cryptographic keys or password gets lost or stolen, the DCASH digital tokens associated with the Contributor's account (address) will be unrecoverable and will be permanently lost. 
7. 5.9.7.  Risks associated with your wallet: the Contributor understands and accepts that Diabolo is in no way responsible for the wallet on which the DCASH digital tokens are transferred. You understand and agree that you are solely responsible for the access and security of your wallet, for any security breach of your wallet and/ with any loss of DCASH digital tokens resulting from your wallet service provider, including any termination of the service by the wallet provider and/or bankruptcy of the wallet provider. The Contributor understands and accepts that the wallet or wallet service provider used for the Contribution, has to be technically compatible with the DCASH digital tokens. The failure to assure this may have the result that Contributor will not gain access to his/her/its DCASH Token. 
8. 5.9.8.  Risks associated with theft/hacks: the Contributor understands and accepts that the Smart Contract, the Website, the underlying software application and software platform (i.e. the Ethereum blockchain) may be exposed to attacks by hackers or other individuals that could result in theft or loss of DCASH digital tokens, other (financial) support of the Diabolo Ecosystem, or ETH, impacting the ability to develop the Diabolo Ecosystem. 

9. 5.9.9.  Risks associated with Ethereum mining attacks: the Contributor understands and accepts that, as with other cryptocurrencies, the blockchain used for the Smart Contract is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the Smart Contract, expected proper execution and sequencing of transactions, and expected proper execution and sequencing of contract computations. 
10. 5.9.10.  Risks associated with a lack of consensus: the Contributor understands and accepts that the network of miners will be ultimately in control of the Smart Contract and that there is no warranty or assurance that the network of miners will allocate the DCASH digital tokens to the Contributors as proposed by these T&C. The Contributor further understands that a majority of the miners could agree at any point to make changes to the Smart Contract and to run the new version of the Smart Contract. Such a scenario could lead to DCASH Token losing intrinsic value. 
11. 5.9.11.  Risks associated with depreciation: the Contributor understands and accepts that with regard to DCASH digital tokens no market liquidity may be guaranteed and that the value of DCASH digital tokens over time may experience extreme volatility or depreciate in full. 
12. 5.9.12.  Risks associated with forking: the Contributor understands and accepts that a group of people may take our software and modify it to accept a different set of tokens, or no tokens at all (“Fork”). The creation of a Fork could devalue substantially the DCASH Token. 
13. 5.9.13.  Risks associated with DCASH liquidity: Contributor understands that with regard to the DCASH digital tokens no market liquidity may be guaranteed, and that the value (if any) of the DCASH digital tokens over time may experience extreme volatility or depreciate resulting in loss that will be borne exclusively by the Contributor. 

6. 

10. 5.10.  By accepting these T&C and by purchasing DCASH digital tokens, the Contributor represents, warrants and accepts that there are certain risks associated with purchase of DCASH digital tokens, holding DCASH digital tokens, and using DCASH digital tokens. By purchasing DCASH digital tokens, the Contributor expressly acknowledges and assumes such risks, including, but not limited to: risk of losing access to the DCASH digital tokens in his/her possession due to loss of private key(s) or password, as well as any other registration information; risks associated with the DCASH digital tokens Blockchain; risks of mining attacks; risks of hacking and security weaknesses; risks associated with cryptocurrency markets; as well as risks inherent to technology, internet, blockchain and cryptocurrency. 
11. 5.11.  YOU CONFIRM THAT HAVE UNDERSTOOD THOSE RISKS, AMONG OTHERS, AND YOU HEREBY CONFIRM THAT YOU CONTRIBUTE TO THE DIABOLO ECOSYSTEM AT YOUR SOLE RISK. 
12. 5.12.  YOU UNDERSTAND AND ASSUME THE RISKS INVOLVED IN PARTICIPATING IN THE DCASH TOKEN SALE AS DESCRIBED IN THIS SECTION VIII. 
13. 5.13.  YOU UNDERSTAND AND AGREE THAT Diabolo WILL NOT BE HELD LIABLE FOR ANY LOSS OF DCASH DIGITAL TOKENS AND/OR OTHER DAMAGE INCURRED BY YOU AS A RESULT OF THE MATERIALIZATION OF ANY RISK, INCLUDING THOSE LISTED ABOVE. 
14. 5.14.  Diabolo MAKES NO PROMISES OF POSSIBLE GAINS OR RETURNS. AGAIN, YOU CAN POTENTIALLY LOSE ALL YOUR CONTRIBUTION. 
15. 5.15.  ContributorS AGREE TO RELEASE Diabolo FROM ALL LIABILITY FOR ANY LOSS THAT MAY OCCUR AS A RESULT OF THEIR PARTICIPATION IN THE DCASH TOKEN SALE AND IN CONNECTION WITH RISKS RELATED TO THEIR CONTRIBUTION (LISTED OR NOT ABOVE). 

TAXATION 

6.1. The Contributor bears the sole responsibility to determine if his/her/its Contribution for the development of the Diabolo Ecosystem, the transfer of ETH to Diabolo, the purchase, acceptance, ownership or use of DCASH digital tokens, 

the potential appreciation or depreciation in the value of DCASH digital tokens over time (if any), or the allocation of DCASH and/or any other action or transaction related to the Diabolo Ecosystem has tax implications. 

2. 6.2.  By purchasing, holding, or using DCASH Token, and to the extent permitted by law, the Contributor agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the purchase, ownership or use of DCASH or any other action or transaction related to the Diabolo Ecosystem. 
3. 6.3.  It is your sole responsibility to comply with all applicable tax laws, including, but not limited to, the reporting and payment of income tax or similar arising in connection with the appreciation and depreciation of DCASH digital tokens. You bear the sole responsibility to determine such implications and act in accordance with the law that applies to you. 

7. REPRESENTATION & WARRANTIES 

7.1. 

By using the Website and/or purchasing DCASH Token, You represent and warrant that: 

1. 7.1.1.  You have read and understood the content of these T&C; 
2. 7.1.2.  You are solely responsible for the proper functioning of your electronic devices as well as your internet connection, in particular during the identification process; 
3. 7.1.3.  All information provided within any KYC procedure linked to your Contribution is true and accurate; 
4. 7.1.4.  You do not act on behalf of any third party which has not been disclosed in the KYC procedure; 
5. 7.1.5.  You have sufficient understanding of technical and business matters, cryptographic tokens, token storage mechanisms (such as token wallets) and blockchain technology to understand these T&C and to appreciate the risks and implications of purchasing DCASH digital tokens; 

6. 7.1.6.  You have a basic level of understanding of the usage and intricacies of cryptographic tokens, such as Ethereum ERC20 tokens, and other blockchain-based software; 
7. 7.1.7.  You are purchasing the DCASH digital tokens for your own account; 
8. 7.1.8.  You are well informed about DCASH digital tokens and Diabolo to make an independent informed decision; 
9. 7.1.9.  You fully understand that DCASH digital tokens are merely cryptographic tokens (which is not equivalent to a currency whatsoever) existent on the Ethereum blockchain that will enable usage of and interactions with services enabled by Diabolo according to the Whitepaper, if successfully complete and deployed; 
10. 7.1.10.  You fully understand that DCASH digital tokens are not a mean of payment nor a payment system; 
11. 7.1.11.  You fully understand that you are not investing in a fund or in a collective investment scheme and that Diabolo is not acting as a fund manager, asset manager or investment advisor in relation to the DCASH Token Sale; 
12. 7.1.12.  You fully understand that DCASH digital tokens do not constitute any Diabolo’s equity, security, debt or asset of any form or kind; 
13. 7.1.13.  You have researched the legal laws and regulations of token purchases in the applicable legal jurisdiction and be sure that these do not prohibit the purchase of DCASH digital tokens as described in these T&C and in the Whitepaper; 
14. 7.1.14.  You have a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like ETH, and blockchain-based software systems; 
15. 7.1.15.  You have carefully reviewed the code of the Smart Contract located on the Ethereum blockchain and fully understands and accepts the functions implemented therein; 

16. 7.1.16.  You are not a citizen or resident of a country whose legislation conflicts with the DCASH private sale and/or the Diabolo Ecosystem in general and/or are listed in the Restrictions; 
17. 7.1.17.  You are resident of a Permitted Jurisdiction; 
18. 7.1.18.  You are not being listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions or the Swiss SECO’s Overall List of Sanctioned Individuals, Entities and Organizations; 
19. 7.1.19.  You are not, nor any individual or entity that You represent, (a) appears on the specially designated nationals and blocked persons list of the OFAC, or (b) is a person identified as a terrorist organization on appearing on any other relevant lists maintained by governmental authorities; 
20. 7.1.20.  You are not a person who is or has been entrusted with prominent public functions, such as a senior politician, a senior government, judicial, or military social, a senior executive of a state-owned corporation, an important political party social, or a close family member or close associate of any such person, and the funds used to fund the purchase of DCASH digital tokens are not derived from, invested for the benefit of, or related in any way to, the governments of, or persons within, any country under a UN, US, EU, CH, NATO embargo; 
21. 7.1.21.  You do not know or have any reason to suspect that (a) the funds used to fund Your purchase of DCASH digital tokens have been or will be derived from or related to any illegal activities, including but not limited to, money laundering activities, or (b) the proceeds that you may get from the sale of DCASH digital tokens will be used to finance any illegal activities; 
22. 7.1.22.  You are not purchasing or using DCASH digital tokens for any illegal purposes and you will not use the Website for any illegal activity; 

23. 7.1.23.  You are only purchasing DCASH digital tokens with legally obtained funds (which themselves have not been acquired through illegal money or activities); 
24. 7.1.24.  You are not engaging in any unlawful activity through their participation in the DCASH Token Sale; 
25. 7.1.25.  You are legally permitted to transfer funds to Diabolo in order to support the Diabolo Ecosystem; 
26. 7.1.26.  You are legally permitted to receive DCASH digital tokens in your jurisdiction and contributing to the development of the Diabolo Ecosystem; 
27. 7.1.27.  You understand that there is no warranty, guarantee or liability for defect with regards to DCASH digital tokens, express or implied, to the extent permitted by law and that you are purchasing them at your sole and exclusive risk; 
28. 7.1.28.  You will take sole responsibility for any restrictions and risks associated with the purchase, use or holding of DCASH digital tokens; 
29. 7.1.29.  You are not purchasing DCASH digital tokens for the purpose of speculative investment; 
30. 7.1.30.  You are purchasing DCASH digital tokens primarily to support the development, testing, deployment and operation of the Diabolo Ecosystem, being aware of the commercial, operational, technical and financial risks associated with the Diabolo Ecosystem; 
31. 7.1.31.  You are at least 18 years old or of the age of majority in their country of residence; 
32. 7.1.32.  You have full capacity to contract under the applicable law; 
33. 7.1.33.  You are in compliance with your local, state, and national laws by purchasing DCASH digital tokens in your jurisdiction; 
34. 7.1.34.  You are complying with all applicable laws. 

2. 7.2.  If you are purchasing DCASH digital tokens on behalf of any entity, you are authorized to accept these T&C on such entity’s behalf and that such entity will be responsible for any damage arising out of a breach of these T&C by You or any other employee or agent of such entity (in such event references to “you” in these T&C refer to You and such entity, jointly). 
3. 7.3.  The Contributor is fully liable for any possible misrepresentations concerning meeting of any eligibility requirements set forth by Diabolo for the purpose of DCASH digital tokens Sale conduction (including, but not limited to, residence requirements). 

8. INDEMNIFICATION 

8.1. TO THE EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, YOU SHALL INDEMNIFY, DEFEND, AND HOLD DIABOLO AND/OR ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, VOLUNTEERS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES (INCLUDING REPUTATIONAL), LOSSES, SUITS, ACTIONS, DEMANDS, PROCEEDINGS, EXPENSES, AND/OR LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED AND/OR THOSE NECESSARY TO SUCCESSFULLY ESTABLISH THE RIGHT TO INDEMNIFICATION) FILED/INCURRED BY ANY THIRD PARTY AGAINST Diabolo IN CONNECTION WITH THE DCASH TOKEN ARISING OUT OF A BREACH OF ANY WARRANTY, REPRESENTATION, OR OBLIGATION HEREUNDER. 

9. NO WARRANTY 

9.1. The Contributor understands and expressly accepts that there is no warranty whatsoever on DCASH digital tokens, the Smart Contract, the Website and/or the success of the Diabolo Ecosystem, expressed or implied, to the extent permitted by law, and that the DCASH digital tokens are purchased at the sole risk of the Contributor on an “as is” and “under development” basis and without, to the 

10. 

extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. 

9.2. The Contributor also accepts that the DCASH concept is still in an early development stage and unproven; that is why there is no warranty that the process for creating DCASH digital tokens will be uninterrupted or error-free and that there is an inherent risk that the DCASH blockchain could contain weaknesses, vulnerabilities, or bugs causing, inter alia, the complete loss of DCASH digital tokens. 

LIMITATION OF LIABILITY 

1. 10.1.  The Contributors assume all responsibility and risk with respect to the purchase of DCASH digital tokens, their use and their holding. The Contributors hereby expressly agree that, to the maximum extent permitted by the applicable law, Diabolo does not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from any use of, or inability to use the Website, DCASH digital tokens or the material, information, software, facilities, services, or content on the Website, as well as from the purchasing of DCASH digital tokens, regardless of the basis upon which the liability is claimed and even if Diabolo has been advised of the possibility of such loss or damage. 
2. 10.2.  TO THE EXTENT PERMITTED BY LAW, DIABOLO HEREBY EXCLUDES: (I) ALL CONDITIONS, WARRANTIES AND OTHER T&C WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND (II) ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, LOSS OF DATA, LOSS OF PROGRAMS, LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF TOKENS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL, CLIENT INSATISFACTION, WEBSITE INTERRUPTIONS) WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY 

PARTICIPANT ARISING OUT OF THE DCASH TOKEN SALE, THE SMART CONTRACT, THE DIABOLO ECOSYSTEM, THE WEBSITE OR THESE T&C. 

3. 10.3.  IN NO EVENT SHALL DIABOLO, MEMBERS OF Diabolo BOARD, STAFF, DIRECTORS, SHAREHOLDERS, CONTRACTORS, DEVELOPERS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT , INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DCASH TOKEN SALE, THE SMART CONTRACT, SERVICES OR PRODUCTS OFFERED BY Diabolo, INCLUDING SMART REFERENDUMS, OR THE Diabolo Ecosystem, THE WEBSITE OR THESE T&C. 
4. 10.4.  DIABOLO WILL NOT BE LIABLE FOR ANY ADVERTISEMENT, PUBLIC ANNOUNCEMENT OR PRESS RELEASE MADE IN RELATION TO THE DCASH TOKEN SALE. 
5. 10.5.  DIABOLO WILL NOT BE LIABLE FOR ANY SECURITY RISK SUCH AS HACKER ATTACKS, LOSS OF PASSWORD, LOSS OF PRIVATE KEY OR SIMILAR, BUGS OR ERRORS IN CODE, TEXT, OR IMAGES INVOLVED IN THE SALE OR IN THE WALLET USED IN RELATION TO THE DCASH TOKEN SALE OR FOR ANY DAMAGES OR LOSSES RESULTING FROM THE VOLATILITY IN PRICING OF PILLARS IN ANY COUNTRIES AND CRYPTOCURRENCY EXCHANGES. 
6. 10.6.  DIABOLO SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF DCASH DIGITAL TOKENS. THE CONTRIBUTOR UNDERSTANDS AND EXPRESSLY AGREES THAT DIABOLO SHALL NOT GUARANTEE IN ANY WAY THAT DCASH DIGITAL TOKENS MAY BE SOLD OR TRANSFERRED DURING OR AFTER THE DCASH TOKEN SALE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO THE CONTRIBUTOR, THE LIMITATIONS WILL APPLY TO THE CONTRIBUTOR ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE CONTRIBUTOR UNDERSTANDS AND AGREES THAT IT IS HIS/HER OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO HIS/HER COUNTRY OF DOMICILE CONCERNING PURCHASING OF DCASH DIGITAL TOKENS. 

11. 

7. 10.7.  DIABOLO WILL NOT BE LIABLE FOR (PARTIAL) INTERRUPTIONS TO AND DOWNTIME OF THE WEBSITE OR THE ETHEREUM BLOCKCHAIN DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR ANY OTHER REASONS THAT IT CANNOT DIRECTLY CONTROL. 
8. 10.8.  BY ACQUIRING DCASH digital tokens AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE NOT TO HOLD Diabolo OR ANY DIRECTOR, EMPLOYEE OR CONTRACTOR OF Diabolo LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR FAILURE TO PROPERLY SECURE YOUR PRIVATE KEY TO THE WALLET CONTAINING YOUR DCASH DIGITAL TOKENS: HACKER’S ATTACKS, STOLEN DEVICES, LOSS OF PASSWORDS, ETC. 
9. 10.9.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 
10. 10.10.  IN ANY EVENT, THE COMPANY WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE DCASH TOKEN SALE OR ANY TRANSACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), IN CONTRACT OR OTHERWISE, MORE THAN THE VALUE OF EACH SPECIFIC TRANSACTION. 
11. 10.11.  YOU UNDERSTAND AND AGREE THAT BY FILING ANY CLAIM MORE THAN THIRTY (30) AFTER THE DISCOVERY OF THE ALLEGED LIABILITY, YOU WILL BE DEEMED TO HAVE FORFEITED YOUR RIGHTS. ANY SUCH CLAIM SHALL BE TIME-BARRED. 

RELEASE 

11.1. To the extent permitted by any applicable law, the Contributor releases and agrees not to hold any directors, shareholders, initiators, developers, auditors, contractors or founders of Diabolo liable for any and all damages caused by or related to the use of, or the inability to use, DCASH digital tokens or the Smart Contract 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). 

12. 

2. 11.2.  To the extent permitted by any applicable law, the Contributor releases and agrees that directors, shareholders, initiators, developers, auditors, contractors or founders of Diabolo shall not 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 the inability to use of the DCASH digital tokens and/or the implementation of the Diabolo Ecosystem. 
3. 11.3.  The Contributor further specifically acknowledges that directors, shareholders, initiators, developers, auditors, contractors or founders of Diabolo are not liable, and the Contributor agrees not to seek to hold them liable, for the conduct of third parties and that the risk of purchasing, holding and using DCASH digital tokens rests entirely with the Contributor. 
4. 11.4.  By purchasing, holding or using DCASH digital tokens, and to the extent permitted by law, the Contributor agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any regulatory implications or liability associated with or arising from the purchase, ownership or use of DCASH digital tokens or any other action or transaction related to the Diabolo Ecosystem. 

CONFIDENTIALITY 

12.1. The Contributor acknowledges and agrees that any information or data the Contributor has acquired from or about Diabolo, included, but not limited to, information or data regarding prices, scope of T&C, and any other T&C, conditions, obligations, representations, and warranties set forth herein or delivered prior to the publication of these T&C (hereinafter, the “Confidential Information”), was received in confidence. The Contributor hereby expressly agrees to take all reasonable precautions to protect such information and not to divulge any such information or any information derived therefrom to any third person without the prior written consent of Diabolo. The Contributor agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed in violation of these T&C. Confidential Information shall also mean all material and information that has or will come into the possession or knowledge of the Contributor in connection with its performance hereunder and which in the ordinary course of business is considered to be treated as 

13. 

14. 

confidential. Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; (d) is independently developed by the other party; or (e) is required to be disclosed by any judicial or governmental requirement or order (provided that Recipient advises the disclosing party of the governmental demand for disclosure in a timely manner). 

PRIVACY POLICY 

13.1. By participating in the DCASH private sale, you agree that your personal data will be processed by Diabolo pursuant to the Company’s privacy policy. 

GOVERNING LAW AND JURISDICTION 

1. 14.1.  These T&C are governed and construed in accordance with the substantive laws of Switzerland, to the exclusion of the provisions of the conflict of laws and any international conventions applicable, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG), as amended from time to time. 
2. 14.2.  Any dispute arising in connection to those T&C and/or the DCASH Token Sale shall be subject to the exclusive jurisdiction of the courts of Vaud, Switzerland. 

MISCELLANEOUS 

1. 15.1.  Severability / Good Faith: Should any part or provision of these T&C be held to be invalid or unenforceable by any competent court, governmental or administrative authority having jurisdiction, the other provisions of these T&C shall nonetheless remain valid and be replaced with a substitute provision that best reflects the economic intentions of the replaced provision without being unenforceable. The same shall apply if and to the extent that these T&C are found to contain any gaps or omissions. 
2. 15.2.  No Partnership and/or joint venture: By transferring ETH to Diabolo, no form of partnership or joint venture or any similar relationship between the Contributors 

15. 

and Diabolo and/or the setting up of the Diabolo Ecosystem is created. Purchasing of DCASH digital tokens by the Contributor in no way creates any exclusive relationship between the Contributor and Diabolo, nor any partnership, joint venture, employment, or agency. 

3. 15.3.  No Waiver: The failure of any of Diabolo to enforce any of the provisions of these T&C or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these T&C. 
4. 15.4.  Entire Agreement & Severability: These T&C, the Privacy Policy subject to any amendments or modifications made by Diabolo from time to time, shall constitute the entire agreement between you and Diabolo. 

1. GENERAL 

TERMS AND CONDITIONS OF DCASH PUBLIC SALE 

1. 1.1.  These terms and conditions (hereinafter referred to as “T&C”) govern the public sale of the DCASH digital tokens. The DCASH public sale is performed by DIABOLO Sàrl, a company incorporated under the laws of Switzerland, whose registered office is at Chemin de Madame de Warens 2, 1816 Montreux, Vaud (hereinafter referred to as “Diabolo” or “Company”).

   Registred under the numero: CH-550.1.197.240-4 (hereinafter referred to as “Diabolo” or “Company”).  

2. 1.2.  The Company is a for-profit corporation proceeding to the public sale of DCASH digital tokens for the purpose of financing its business activity and executing its vision to create a digital ecosystem of services dedicated to cryptocurrency social trading. The Company is not a bank, a security firm, an asset manager, a portfolio manager or an investment advisor. The Company is not a financial institution or a financial service provider. The Company has not received any license of authorisation by FINMA or any other regulatory authority. Diabolo does not, and shall not at any time, give any financial advice whatsoever, including with regards to the purchase of DCASH digital tokens. Please note that the Company is not acting as a financial institution or as a financial service provider in the framework of the DCASH public sale, nor the Company is issuing or offering any financial instrument. The Contributions (as defined below) collected through the DCASH public sale will only be used to finance the current business activities of the Company and the further development of the Diabolo Ecosystem (as defined below). 

3. 1.3.  By transferring crypto-assets to the DCASH Smart Contract (as defined below), you acknowledge that you have read and understood the present T&C, and you agree to be bound by such T&C. These T&C constitute a binding agreement between Diabolo and the users transferring digital tokens to the DCASH Smart Contract (hereinafter referred to as the “Contributors”). These T&C should be read carefully by each Contributor. Each Contributor must understand, irrevocably accept and comply with these T&C at all times. 

4. 1.4.  Your Contribution (as defined below) does not create any express or implied participation in the Company's equity ownership, nor it gives rise to 

any rights or claims over the Company’s revenues and profits. Contributors shall have no rights conferred on them other than the right to access the Diabolo Ecosystem and utilize the services therein. 

5. 1.5.  The whitepaper available on https://diabolo.io/white-paper/ (hereinafter referred to as “the Whitepapaer”) and these T&C are not deemed to provide - and must not be held as such - any advice relating to your decision whether or not to purchase DCASH digital tokens and must not be considered as providing complete information in relation to such a decision. No information published by Diabolo in the Whitepaper, on the website https://diabolo.io/ (hereinafter referred to as “the Website”) or elsewhere, constitutes a solicitation, an offer, or a recommendation to buy or sell any financial products, to perform any transactions, or to conclude any legal act of any kind whatsoever. The content of the Whitepaper and of the Website should not be considered as financial advice in any circumstance. 

6. 1.6.  BY PURCHASING DCASH DIGITAL TOKENS, YOU AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. 

7. 1.7.  IT IS UNDERSTOOD AND PRESUMED THAT, BEFORE PURCHASING DCASH DIGITAL TOKENS, THE CONTRIBUTOR HAS FULLY READ, UNDERSTOOD, AND IRREVOCABLY ACCEPTED THESE T&C. IF ANY USER DOES NOT AGREE WITH THESE T&C IN GENERAL OR ANY PART OF IT, SUCH USER SHOULD ENTIRELY WITHHOLD FROM USING THE WEBSITE AND/OR PURCHASING DCASH DIGITAL TOKENS. 

8. 1.8.  IF YOU DO NOT AGREE TO ALL OF THESE T&C, PLEASE DO NOT USE THE WEBSITE OR ANY INFORMATION, LINK OR CONTENT CONTAINED ON THE WEBSITE AND DO NOT PARTICIPATE IN THE DCASH PUBLIC SALE. 

9. 1.9.  YOUR TRANSFER OF DIGITAL TOKENS TO DIABOLO OR YOUR ACCESS TO AND USE OF THE WEBSITE CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY EACH AND EVERY RULE AND PROVISION OF THESE T&C, INCLUDING OUR PRIVACY POLICY THAT IS HEREBY INCORPORATED IN THESE T&C BY REFERENCE. IF YOU ARE USING THE 

2. 

WEBSITE ON BEHALF OF YOUR ORGANIZATION, THAT ORGANIZATION ACCEPTS THESE T&C. 

10. 1.10.  PLEASE NOTE THAT THESE T&C HAVE NOT BEEN APPROVED BY ANY REGULATOR, COMPETENT AUTHORITY OR AUTHORISED PERSON IN GENERAL, AND SPECIFICALLY NOT WITHIN THE MEANING OF A COMPETENT AUTHORITY ACCORDING TO SWISS OR EU LAW. THEREFORE, RELYING ON THIS DOCUMENT FOR THE PURPOSE OF PURCHASING DCASH DIGITAL TOKENS MAY EXPOSE YOU TO A SIGNIFICANT RISK OF LOSS OF ALL ASSETS. 

11. 1.11.  The contents of the Website, including blog, social media (YouTube, Instagram, Twitter, Facebook, etc.) and any press release or article regarding Diabolo or public statements, are non binding and are subject to change at the sole discretion of Diabolo. They are not part of these T&C and must not be held as modifying or amending them in any way. 

DIABOLO ECOSYSTEM 

1. 2.1.  The Diabolo Ecosystem shall have the purpose of providing its users with social trading services for the cryptocurrency market. For the purpose of these T&C, “Diabolo Ecosystem” shall mean all the digital tools and services released by Diabolo to its community. 

2. 2.2.  The access to Diabolo Ecosystem and the usage of the digital tools and services released by Diabolo is restricted to the holders of DCASH digital tokens. 

3. 2.3.  The Diabolo Ecosystem consists of a Software as a service (SaaS) solution for cryptocurrency copy trading named “Dtrading”. Other digital tools and services illustrated in the Whitepaper have been conceived but not yet developed. The Company does not guarantee the future release of any other digital tools or services and reserves the possibility to modify the characteristics of the digital tools and services illustrated in the Whitepaper. The Contributor understands and accepts that the development of the Diabolo Ecosystem is the sole and exclusive competence of Diabolo. The Company shall be entirely free in its way of developing the Diabolo Ecosystem and pursuing the vision expressed in the Whitepaper. 

4. 2.4.  The Contributor understands and agrees that for the purpose of the development of the Diabolo Ecosystem, Diabolo will receive the full amount of the Contributions. This amount covers expenses, charges and other costs that may arise in relation to Diabolo and/or its subcontractors as part of the development of the Diabolo Ecosystem. Diabolo will allocate the Contributions in accordance with the Whitepaper, but (within this general frame) Diabolo decides in its sole discretion how to allocate the Contributions in order to develop the Diabolo Ecosystem at its best. 

5. 2.5.  The Contributor understands and agrees that the Diabolo Ecosystem is still at its beginnings and will need to go through substantial development works. As a consequence, it may undergo significant conceptual, technical and commercial changes before release, the identification and implementation of which are fully and entirely of Diabolo’s discretion. 

6. 2.6.  The Contributor is aware of the risk that even if all or parts of the Diabolo Ecosystem are successfully developed and released in full or in part, the Diabolo Ecosystem could, due to a lack of public interest, be fully or partially abandoned, suspended, remain commercially unsuccessful or be shut down for lack of interest, funds, regulatory reasons or any other reasons. Such reasons, as well as any of their consequences, shall be assessed and evaluated by Diabolo alone, who shall be fully and entirely free to take any and all measures it would deem necessary or appropriate. The Contributor understands and agrees that the purchase of DCASH digital tokens carries significant financial, regulatory and/or reputational risks, including the complete loss of value of DCASH digital tokens. 

3. THE DCASH DIGITAL TOKENS 

1. 3.1.  DCASH digital token shall be an Ethereum ERC20 and Solana SPL cross-chain digital token having the purpose of enabling access to the Diabolo Ecosystem. 

2. 3.2.  DCASH digital tokens do not represent any kind of equity right over the Company, they do not incorporate any rights or claims over the profits or revenues of the Company. DCASH digital tokens neither provide the owner with a conversion right into shares of Diabolo or other equity of Diabolo, nor represent or confer any ownership right or stake, share or security or equivalent rights, 

voting right or any right to receive dividends, future revenue shares, intellectual property rights or any other form of participation in Diabolo and/or its corporate affiliates and/or the Diabolo Ecosystem. You understand and agree that DCASH digital tokens shall not represent shares, bonds, securities, structured products, derivatives or any kind of financial instrument or investment product. 

3. 3.3.  DCASH digital tokens shall not represent electronic money or any other kind of payment instrument. You understand and agree that Diabolo is not providing any payment system through DCASH digital tokens. DCASH digital tokens are not a means of payment of products or services outside the Diabolo Ecosystem. They do not constitute or represent, and must not be held as constituting any form of currency. 

4. 3.4.  The Contributor understands and accepts that the purchase of DCASH digital tokens does not involve the purchase of shares or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction. Thus, the Contributor understands and accepts that he/she/it will have no influence over governance of Diabolo, with the exception of those decisions, concerning the future evolution of the Diabolo Ecosystem, that Diabolo, at its sole discretion, decides to hold a referendum on, within the community of DCASH token holders. 

5. 3.5.  DCASH digital tokens shall be regarded as utility tokens according to the definition contained in the “Guidelines for enquiries regarding the regulatory framework for initial coin offerings (ICOs)” issued by the Swiss financial regulator (FINMA) on 16 February 2018, in the “Report with advice for the European Commission on crypto-assets” issued by the European Banking Authority (EBA) on 9 January 2019, and in the “Guidance on Cryptoassets: Feedback and Final Guidance to CP 19/3” issued by the British financial regulator (FCA) in July 2019. Furthermore, DCASH digital tokens shall be regarded as pure utility-type crypto-assets according to point n. 86 of the “Advice Initial Coin Offerings and Crypto-Assets” issued by the European Securities and Markets Authority (ESMA) on 9 January 2019. 

6. 3.6.  PLEASE NOTE THAT THE PURCHASE OF DCASH DIGITAL TOKENS CARRIES SIGNIFICANT RISKS, INCLUDING, BUT NOT LIMITED TO, THE 

4. 

POSSIBLE LOSS OF ALL VALUE PUT IN DCASH DIGITAL TOKENS. PRIOR TO PURCHASE, CAREFULLY CONSIDER THE POTENTIAL RISKS AND, TO THE EXTENT NECESSARY, CONSULT A LAWYER, ACCOUNTANT, AND/OR TAX PROFESSIONAL OR OTHER ADVISORS TO EVALUATE THE RISK ENTAILED. DO NOT OVERCOMMIT. WE MAKE NO PROMISES NOR WARRANTIES WHATSOEVER OF POSSIBLE GAINS OR RETURNS, IN CASH OR IN ANY OTHER FORM. YOU CAN POTENTIALLY LOSE ALL YOUR CONTRIBUTION. DIABOLO DOES NOT GUARANTY IN ANY WAY THE SUCCESS OR FULL EXECUTION OF THE DIABOLO ECOSYSTEM. 

7. 3.7.  You understand that blockchain technology is still in an early stage of development. It therefore carries significant operational, technological, financial, regulatory and reputational risks. You are fully aware of such risks and accept them as part of your participation in the DCASH public sale. 

8. 3.8.  It is your sole responsibility to not lose your DCASH digital tokens, in particular by losing access to the keys which allow access to your wallet and/or allowing malicious third parties to access your keys and/or your wallet. 

9. 3.9.  DIABOLO WILL NOT BE HELD LIABLE FOR ANY LOSS OF DCASH DIGITAL TOKENS AND/OR OTHER DAMAGE INCURRED BY YOU AS A RESULT OF THE TRANSFER OF THE DCASH DIGITAL TOKENS TO YOUR WALLET OR LOSS OF KEY OR ATTACK ON YOUR WALLET. 

10. 3.10.  THE COMPANY CANNOT BE HELD LIABLE FOR ANY LOSS OF CRYPTO-ASSETS IN THE EVENT OF LOSS DURING THE PROCESS OF PURCHASE OF DCASH DIGITAL TOKENS. 

DCASH PUBLIC SALE OFFER AND ACCEPTANCE 

1. 4.1.  One million DCASH digital tokens shall be available for purchase to eligible Contributors only during a predefined period that shall be communicated on the Website (hereinafter referred to as the “Contribution Period”). 

2. 4.2.  Diabolo shall be entitled to decide if you are an eligible Contributor at its sole discretion. Diabolo shall be entitled to refuse Contributors without having to explain its reasons. 

3. 4.3.  Legally binding acceptance of the Offer shall be conducted by an eligible Contributor on the Website (hereinafter referred to as the “Offer Acceptance”) by clicking on the “DCASH public sale” button (or similar) on the Website. From this moment on, the Offer shall be considered formally accepted by the respective Contributor and the Contributor shall be obliged to pay the price of the respective number of DCASH digital tokens. 

4. 4.4.  Offer Acceptance by an eligible Contributor shall be deemed irrevocable and binding for the Contributor. Diabolo is however entitled to refuse, at its sole discretion, any Contribution to the DCASH public sale. 

5. 4.5.  DCASH digital tokens purchased during the Contribution Period will be partially subject to a lock-up period of three months. For each purchase, half of the DCASH digital tokens will be made available to the buyer at the token generation event. The other half will be weekly unlocked over the following three months on a linear basis. 

6. 4.6.  PRICE AND PAYMENT PROCEDURE 

   4.6.1. The price of one DCASH digital token shall be communicated on the Website and shall remain the same for the duration of the Contribution Period. 

   4.6.2. Diabolo does not accept fiat currencies as payment for DCASH digital tokens. The only valid means of payment for the participation in the public sale is ETH. You are solely responsible for any exchange rate applicable, for any transaction fee charged by your intermediaries, as well as for any delay in the transfer of your funds to Diabolo. Should your funds be credited to Diabolo after the end of the Contribution Period, Diabolo will decide, in its sole discretion, whether or not You will be entitled to purchase DCASH digital tokens. If not, Diabolo will transfer your funds back. Any fee charged for such transfer shall be paid by You. Diabolo may in no case be held liable for any loss of the fiat currencies incurred during the transaction. 

4.6.3. The public sale shall be performed through a smart contract existing on the Ethereum blockchain at the following address: 0xC7036cE409B718A7F60FBBD9274B040aBca54E09. 

4. 4.6.4.  To purchase DCASH digital tokens, the Contributor shall only send ETH from his/her/its personal wallet, in the amount which is commensurate to the amount of the DCASH digital tokens the Contributor is willing to receive for such payment. The Contributor undertakes to control solely the address and/or the wallet and/or the bank account used for the Contribution, shall not act on behalf of any third party, and shall not transfer the control of the mentioned address, wallet or bank account to any third party. 

5. 4.6.5.  The Contributor is not entitled to send any funds to purchase DCASH digital tokens until the DCASH Token Sale has officially begun, except for the case of the DCASH digital tokens presale that takes place before the general DCASH digital tokens Sale and is conducted only among a limited number of especially eligible contributors as shall be defined by Diabolo in its sole discretion. The Contributor is not entitled to send any cryptocurrency to purchase DCASH digital tokens after the end of the Contribution Period. 

6. 4.6.6.  The amount of DCASH digital tokens to be provided to a Contributor shall be specified in an eligible Contributor’s registered account on the Website upon completion of DCASH digital tokens purchase and the KYC ("know your customer") checks. The DCASH digital tokens shall be sent to the Contributor’s personal respective wallet via smart contract after the end of the Contribution Period. In order to receive DCASH digital tokens, the eligible Contributor is obliged to strictly follow any and all requirements and procedures set forth by Diabolo, as shall be mentioned on the Website or otherwise communicated by Diabolo to the Contributor (including provision of necessary identification information about the Contributor, information about his wallet, filling-in Contributor’s profile on the Website, complying with KYC/AML/OFAC screening procedures, etc.). Diabolo shall not be held liable for inability of the Contributor to receive or 

4.7. 

use DCASH digital tokens because of Contributor’s failure to follow any of the requirements and procedures of Diabolo or due to any possible misrepresentations of the Contributor. No refunds, or any other type of repayment, of Contributions shall be made in such cases. 

7. 4.6.7.  The purchase of the DCASH digital tokens by the Contributor from Diabolo is final, and, thus, there are no refunds and/or cancellations. By contributing to the Diabolo Ecosystem, you understand and agree that you shall expect no return, interest, dividend, increase of value or even repayment by Diabolo of the substance of your Contribution. 

8. 4.6.8.  Diabolo shall not store DCASH digital tokens on a Contributor’s behalf; any DCASH digital tokens shall be stored in the Contributor’s own wallet. The Contributor is the sole responsible to insure the correct keeping, in full security, of any and all access information relating to his wallet. Diabolo shall have no responsibility or liability in this context. 

9. 4.6.9.  Diabolo does not have any access to any passwords of any Contributor’s wallet. 

10. 4.6.10.  The Contributor understands and agrees that the purchase transactions of DCASH digital tokens shall be stored on the Ethereum blockchain and available for reference and check. 

11. 4.6.11.  Diabolo shall not manage, invest or in any other way interfere with the DCASH digital tokens that are stored on the Contributor’s own wallet. The Contributor shall be solely responsible for any and all managing, use and decision linked to his DCASH digital tokens. 

DCASH DIGITAL TOKENS SALE PROCEEDS STATUS 

4.7.1. The proceeds from the DCASH public sale (the “Proceeds”) received by Diabolo from the sale of DCASH digital tokens to Contributors shall only be deemed as proceeds received from the sale of services offered within the Diabolo Ecosystem. 

4.8. 

2. 4.7.2.  The Proceeds might be converted by Diabolo into fiat currency at any time for the purpose of completion of the Diabolo Ecosystem, at its full and entire discretion. 

3. 4.7.3.  You agree that DCASH digital tokens are not securities, collective investment schemes or any other financial instruments and shall not be considered as such; the offering of DCASH digital tokens is not registered with any government entity and does not represent any share, stake, or security or equivalent rights including, but not limited to, any right to receive future revenue shares and intellectual property rights in Diabolo, and do not represent any ownership rights in Diabolo. 

USE OF PROCEEDS 

1. 4.8.1.  The Proceeds will not be managed by Diabolo for the Contributors, nor invested by Diabolo or by any third parties on behalf of the Contributors. 

2. 4.8.2.  You understand and agree that Diabolo is a commercial entity and that the Proceeds collected through the DCASH Token Sale will be used for the sole purpose of developing and financing the commercial activity of Diabolo, including the Diabolo Ecosystem, according to the vision expressed in the Whitepaper. 

RESTRICTIONS 

1. 4.9.1.  Contributors cannot purchase DCASH digital tokens if there are applicable legal restrictions in their country of residence. It is the responsibility of each Contributor to seek legal advice in his/her/its jurisdiction to identify any such legal restrictions. 

2. 4.9.2.  Contributors understand and fully agree that Diabolo is entitled to ban or otherwise restrict the participation in the DCASH public sale (solely upon Diabolo’s discretion and by any means) if the respective Contributor does not meet any of the eligibility requirements set forth by Diabolo for the purpose of DCASH public sale conduction or on other grounds. In the same way, Contributors understand and fully agree that Diabolo is entitled to ban or otherwise restrict their possibility of having, using or in any other 

4.9. 

way keeping DCASH digital tokens if the respective Contributor does not meet any of the eligibility requirements set forth by Diabolo in relation to such holding. 

3. 4.9.3.  Contributors understand and fully agree that certain jurisdictions restrict (or may restrict in future) their residents or citizens from participation in any token sales, the use of cryptocurrencies, or use of any cryptocurrency exchanges for various reasons. Diabolo does not bear any liability for any possible current or future impossibility to use DCASH digital tokens because of the aforementioned or any other possible restrictions. 

4. 4.9.4.  The Website and/or DCASH digital tokens are intended for sale to Contributors only in those jurisdictions and to those persons where and to whom they lawfully may be offered for sale under respective applicable regulations (“Permitted Jurisdictions”). You are only permitted to use the Website and purchase DCASH digital tokens if Your primary residence or domicile is in a Permitted Jurisdiction. 

5. 4.9.5.  The sale of DCASH digital tokens is being made in the Permitted Jurisdictions on the basis that the DCASH digital tokens do not constitute a security, financial instrument, or otherwise regulated investment in those jurisdictions, such that the prospectus or other disclosure requirements and other investor safeguards that would apply to a securities offering will not apply to the issuance and sale of DCASH digital tokens in the Permitted Jurisdictions. In addition, DCASH is not regulated in the Permitted Jurisdictions and is not required to be registered with, or licensed or authorized by, any relevant authorities. If Your primary residence or domicile is not in one of the Permitted Jurisdictions, you are not permitted to purchase DCASH digital tokens and we reserve the right to refuse to sell DCASH digital tokens to You and the right to restrict Your access to the Website. 

6. 4.9.6.  THE OFFER IS NOT BEING MADE DIRECTLY OR INDIRECTLY IN, NOR IS IT INTENDED TO EXTEND TO, A COUNTRY OR JURISDICTION WHERE SUCH OFFER WOULD BE CONSIDERED UNLAWFUL OR IN WHICH IT WOULD OTHERWISE BREACH ANY 

4.10. 

APPLICABLE LAW OR REGULATION OR WHICH WOULD REQUIRE Diabolo TO AMEND ANY TERM OR CONDITION OF THE OFFER IN ANY WAY OR WHICH WOULD REQUIRE Diabolo TO MAKE ANY FILING WITH, OR TAKE ANY ADDITIONAL ACTION WITH REGARDS TO, ANY GOVERNMENTAL, REGULATORY OR LEGAL AUTHORITY (“COUNTRY OR JURISDICTION”). 

7. 4.9.7.  THESE T&C DO NOT CONSTITUTE, AND MAY NOT BE USED FOR THE PURPOSES OF AN OFFER OR SOLICITATION TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR SOLICITATION. OFFERING MATERIALS RELATING TO THIS OFFER MAY NOT BE DISTRIBUTED IN NOR SENT TO SUCH COUNTRY OR JURISDICTION AND MAY NOT BE USED FOR THE PURPOSES OF SOLICITING THE PURCHASES OF DCASH digital tokens FROM ANYONE IN SUCH COUNTRY OR JURISDICTION. 

8. 4.9.8.  Specific restrictions to the DCASH public sale are listed and detailed in the Appendix I (“Restrictions”). Such Restrictions are however not deemed to be exhaustive and other limitations, restrictions or bans (including any ban linked to a Permitted Jurisdiction) are explicitly reserved. 

ACKNOWLEDGEMENTS 

4.10.1. By purchasing DCASH digital tokens, You acknowledge and agree, amongst others, the following: 

4.10.1.1. 

YOU UNDERSTAND AND AGREE THAT THE PURCHASE OF DCASH DIGITAL TOKENS IS NOT MEANT TO GENERATE ANY PROFIT, INTEREST, GAIN, DIVIDEND NOR EVEN TO MAINTAIN THE SUBSTANCE OF YOUR CONTRIBUTION, BUT ONLY ALLOWS YOU TO BENEFIT FROM ADVANTAGES OR DISCOUNTS AND, EVENTUALLY, AT DIABOLO’S SOLE DISCRETION, TO PARTICIPATE TO REFERENDUMS CONCERNING THE FUTURE OF THE DIABOLO ECOSYSTEM. YOUR PURCHASE OF DCASH DIGITAL TOKENS IS HEREBY 

4.10.1.2. 

4.10.1.3. 

ONLY INTENDED TO ALLOW DIABOLO TO PURSUE ITS VISION. 

YOU UNDERSTAND AND AGREE THAT THE DCASH TOKEN IS NOT A SECURITY AND DOES IN NO WAY MAKE YOU A SHAREHOLDER OF DIABOLO NOR DOES IT GIVE YOU ANY RIGHT ASSOCIATED TO THE SHAREHOLDING OR THE MANAGEMENT OF A COMPANY, INCLUDING DIABOLO OR ANY OF ITS AFFILIATED COMPANIES. 

YOU UNDERSTAND AND AGREE THAT DIABOLO HAS NO DEBT TOWARDS YOU WITH RESPECT TO DCASH DIGITAL TOKENS AND WILL HAVE NO OBLIGATION TO BUY YOU BACK ANY DCASH TOKEN YOU PURCHASED OR TO REFUND YOU IN ANY WAY, NOR TO ENSURE YOU ANY ADVANTAGE OR DISCOUNT WHATSOEVER IN RELATION TO, OR IN EXCHANGE OF, YOUR DCASH DIGITAL TOKENS. 

YOU ARE SOLELY RESPONSIBLE FOR SEEKING LEGAL, BUSINESS, TAX, REGULA TORY , ACCOUNTING AND FINANCIAL ADVICE IN THE JURISDICTIONS RELEVANT FOR YOU WHEN PURCHASING DCASH DIGITAL TOKENS. YOU SHOULD NOT CONSTRUE THE CONTENTS OF THIS T&C AS LEGAL, BUSINESS, TAX, ACCOUNTING, INVESTMENT OR OTHER ADVICE. 

YOU ACKNOWLEDGE AND AGREE THAT THE DCASH TOKEN SALE IS NOT A COLLECTIVE INVESTMENT SCHEME OR A SALE OF DERIVATIVES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE DCASH TOKEN SALE IS NOT DONE UNDER THE SUPERVISION OF ANY REGULATOR, INCLUDING THE SWISS REGULATORY AUTHORITY (FINMA). THESE T&C OR THE WHITEPAPER DO NOT REPRESENT A PROSPECTUS FOR THE ISSUANCE OF BONDS, SECURITIES OR OTHER FINANCIAL INSTRUMENTS. 

4.10.1.4. 

4.10.1.5. 

5. 

RISKS 

4.11. 

INFORMATION REQUIREMENTS 

4.11.1. You understand and agree that, in order to participate to the DCASH public sale, you should inform Yourself as to: 

4.10.1.6. 

YOU ACKNOWLEDGE AND AGREE THAT NEITHER THESE T&C, NOR ANY OF THE DCASH DIGITAL TOKENS, HAVE BEEN OR WILL BE REGISTERED OR FILED UNDER THE SECURITIES LAWS OR REGULATIONS OF ANY JURISDICTION OR APPROVED, RECOMMENDED OR DISAPPROVED BY ANY SECURITIES OR OTHER REGULATORY AUTHORITY NOR HAS ANY SUCH AUTHORITY CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THESE T&C. 

4.11.1.1. 

4.11.1.2. 

4.11.1.3. 

the legal requirements of Your own country, as well as all applicable laws and regulations of any relevant jurisdiction, for the purchase, holding, transfer or other disposal of DCASH; 

any foreign exchange restrictions applicable to the purchase, holding, transfer or other disposal of DCASH digital tokens which they might encounter; and 

any income and other tax consequences which may apply in Your own jurisdiction as a result of the purchase, holding, transfer or other disposal of DCASH digital tokens. You must rely upon Your own representatives, including Your own legal advisers and accountants, as to legal, tax or any other related matters concerning Diabolo, DCASH digital tokens and a purchase thereof. 

5.1. The Contributors expressly agree that they are purchasing and receiving DCASH digital tokens at their sole risk and that the Website and DCASH digital tokens are provided on an "as is" and the Diabolo Ecosystem on an “under development” basis without warranties of any kind, either expressed or implied. 

2. 5.2.  You understand and agree that the purchase and any other acquisition of DCASH digital tokens contains significant risks. Therefore, the purchase of DCASH digital tokens should be undertaken only by Contributors experienced with cryptographic tokens and blockchain based software with a functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. 

3. 5.3.  By purchasing DCASH digital tokens, the Contributors confirm that they understand and assume the risks involved in such a transaction. 

4. 5.4.  In particular, you confirm to fully understand and accept that: 

   1. 5.4.1.  DCASH Token Sale will not involve issuance of any currency, securities (whether equity securities or otherwise, including unregistered security) or other kind of investment certificate; 

   2. 5.4.2.  DCASH digital tokens are merely cryptographic tokens existent on the Ethereum and Solana blockchains that can enable usage of and interactions with services enabled by Diabolo according to the Whitepaper, after having clarified the regulatory issues with FINMA and if successfully completed and deployed; 

   3. 5.4.3.  DCASH digital tokens are dependent upon the Ethereum and Solana blockchains and may be entirely lost in the event the existence of such blockchains is suspended or compromised, for any reason; 

   4. 5.4.4.  DCASH digital tokens are not redeemable, associated with financial return or backed by any underlying asset, security or repurchase commitment and do not necessarily have market prices, market value or transactions between peers; 

   5. 5.4.5.  DCASH digital tokens do not stand for any sort of investment contract for all intents and purposes; 

   6. 5.4.6.  The purchase of DCASH digital tokens is not an investment, nor a collective investment scheme and you are not expecting any repayment, refund, return or profit from your Contribution. Furthermore, your Contribution will not be invested by Diabolo or managed by Diabolo or by 

any third party. Your Contribution will only be used for financing the commercial operations of Diabolo. 

5. 5.5.  You must not and agree not to participate in the DCASH public sale with a view to investment or speculation or in pursuit of any profit. Your Contribution shall rather be made for the sole purpose of the achievement of the Diabolo Ecosystem. By purchasing DCASH digital tokens, you shall not expect to get anything else than DCASH digital tokens in return out of your Contribution. 

6. 5.6.  Your Contribution for the purchase of DCASH digital tokens will be non-refundable. Therefore, you are expected and agree to give full considerations to all risk factors, including but not limited to the volatility of cryptocurrency prices and markets in general, risks of systemic failure, risks of code failure, bugs, hardware failure, loss of data, theft, lost usernames, passwords or private keys, incorrectly executed transactions and/or hacks which can lead to, inter alia, the complete loss of the DCASH digital tokens. 

7. 5.7.  The blockchain technology allows new forms of interaction and it is possible that certain jurisdictions will apply existing regulations on or introduce new regulations addressing blockchain technology based applications which may be contrary to the current setup of the DCASH digital tokens and which may, inter alia, result in substantial modifications or loss of the DCASH digital tokens. 

8. 5.8.  The field of digital cryptography is very new and for this reason there is a risk of unforeseen attacks on several or all parts of the DCASH Token system. In the event of such an attack/hack, you may lose all your DCASH digital tokens. 

9. 5.9.  The Contributor understands the inherent risks associated with the blockchain technology and cryptocurrencies, including, but not limited to, those listed hereinafter: 

5.9.1. Risks associated with (intellectual) property rights: the Contributor understands and accepts that, due to a lack of originality of the software and to the immaterial character of the DCASH digital tokens, there may be no title of ownership in and to the DCASH digital tokens. 

2. 5.9.2.  Risks associated with the blockchain: the Contributor understands and accepts that the Smart Contract, the underlying software application and software platform (i.e. the Ethereum blockchain) is still in an early development stage and unproven. The Contributor understands and accepts that there is no warranty that the process for creating DCASH and/or the Ethereum blockchain will be uninterrupted or error-free and acknowledges that there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of ETH, other (financial) support of the Ecosystem and/or DCASH. The Contributor understands and accepts that the Smart Contract and/or underlying protocols and/or any other software involved may either delay and/or not execute a Contribution due to the overall Contribution volume, mining attacks and/or similar events. 

3. 5.9.3.  Regulatory risks: the Contributor understands and accepts that the it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the Smart Contract or the Diabolo Ecosystem and which may, inter alia, result in substantial modifications of the Smart Contract and/or the Diabolo Ecosystem, including its termination and the loss of DCASH digital tokens for the Contributors. 

4. 5.9.4.  Risks associated with abandonment / lack of success: the Contributor understands and accepts that the creation of the DCASH digital tokens and the development of the Diabolo Ecosystem may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing Ecosystems). The Contributor therefore understands that there is no assurance that, even if the Diabolo Ecosystem is partially or fully developed and launched, the Contributor will receive any benefits through the DCASH digital tokens held by him/her/it. 

5. 5.9.5.  Risks associated with other applications: the Contributor understands and accepts that the Diabolo Ecosystem may give rise to other, alternative 

Ecosystems, promoted by unaffiliated third parties, under which DCASH digital tokens will have no intrinsic value. 

6. 5.9.6.  Risks associated with a loss of private key: the Contributor understands and accepts that DCASH digital tokens can only be accessed by using an Ethereum wallet with a combination of Contributor’s account information (address) and private key or password. The Contributor understands and accepts that if his/her/its private key or password gets lost or stolen, the DCASH digital tokens associated with the Contributor's account (address) will be unrecoverable and will be permanently lost. 

7. 5.9.7.  Risks associated with your wallet: the Contributor understands and accepts that Diabolo is in no way responsible for the wallet on which the DCASH digital tokens are transferred. You understand and agree that you are solely responsible for the access and security of your wallet, for any security breach of your wallet and/ with any loss of DCASH digital tokens resulting from your wallet service provider, including any termination of the service by the wallet provider and/or bankruptcy of the wallet provider. The Contributor understands and accepts that the wallet or wallet service provider used for the Contribution, has to be technically compatible with the DCASH digital tokens. The failure to assure this may have the result that Contributor will not gain access to his/her/its DCASH Token. 

8. 5.9.8.  Risks associated with theft/hacks: the Contributor understands and accepts that the Smart Contract, the Website, the underlying software application and software platform (i.e. the Ethereum blockchain) may be exposed to attacks by hackers or other individuals that could result in theft or loss of DCASH digital tokens, other (financial) support of the Diabolo Ecosystem, or ETH, impacting the ability to develop the Diabolo Ecosystem. 

9. 5.9.9.  Risks associated with Ethereum mining attacks: the Contributor understands and accepts that, as with other cryptocurrencies, the blockchain used for the Smart Contract is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any 

successful attacks present a risk to the Smart Contract, expected proper execution and sequencing of transactions, and expected proper execution and sequencing of contract computations. 

10. 5.9.10.  Risks associated with a lack of consensus: the Contributor understands and accepts that the network of miners will be ultimately in control of the Smart Contract and that there is no warranty or assurance that the network of miners will allocate the DCASH digital tokens to the Contributors as proposed by these T&C. The Contributor further understands that a majority of the miners could agree at any point to make changes to the Smart Contract and to run the new version of the Smart Contract. Such a scenario could lead to DCASH Token losing intrinsic value. 

11. 5.9.11.  Risks associated with depreciation: the Contributor understands and accepts that with regard to DCASH digital tokens no market liquidity may be guaranteed and that the value of DCASH digital tokens over time may experience extreme volatility or depreciate in full. 

12. 5.9.12.  Risks associated with forking: the Contributor understands and accepts that a group of people may take our software and modify it to accept a different set of tokens, or no tokens at all (“Fork”). The creation of a Fork could devalue substantially the DCASH Token. 

13. 5.9.13.  Risks associated with DCASH liquidity: Contributor understands that with regard to the DCASH digital tokens no market liquidity may be guaranteed, and that the value (if any) of the DCASH digital tokens over time may experience extreme volatility or depreciate resulting in loss that will be borne exclusively by the Contributor. 

5.10. By accepting these T&C and by purchasing DCASH digital tokens, the Contributor represents, warrants and accepts that there are certain risks associated with purchase of DCASH digital tokens, holding DCASH digital tokens, and using DCASH digital tokens. By purchasing DCASH digital tokens, the Contributor expressly acknowledges and assumes such risks, including, but not limited to: risk of losing access to the DCASH digital tokens in his/her 

6. 

possession due to loss of private key(s) or password, as well as any other registration information; risks associated with the DCASH digital tokens Blockchain; risks of mining attacks; risks of hacking and security weaknesses; risks associated with cryptocurrency markets; as well as risks inherent to technology, internet, blockchain and cryptocurrency. 

11. 5.11.  YOU CONFIRM THAT HAVE UNDERSTOOD THOSE RISKS, AMONG OTHERS, AND YOU HEREBY CONFIRM THAT YOU CONTRIBUTE TO THE DIABOLO ECOSYSTEM AT YOUR SOLE RISK. 

12. 5.12.  YOU UNDERSTAND AND ASSUME THE RISKS INVOLVED IN PARTICIPATING IN THE DCASH TOKEN SALE AS DESCRIBED IN THIS SECTION VIII. 

13. 5.13.  YOU UNDERSTAND AND AGREE THAT Diabolo WILL NOT BE HELD LIABLE FOR ANY LOSS OF DCASH DIGITAL TOKENS AND/OR OTHER DAMAGE INCURRED BY YOU AS A RESULT OF THE MATERIALIZATION OF ANY RISK, INCLUDING THOSE LISTED ABOVE. 

14. 5.14.  Diabolo MAKES NO PROMISES OF POSSIBLE GAINS OR RETURNS. AGAIN, YOU CAN POTENTIALLY LOSE ALL YOUR CONTRIBUTION. 

15. 5.15.  ContributorS AGREE TO RELEASE Diabolo FROM ALL LIABILITY FOR ANY LOSS THAT MAY OCCUR AS A RESULT OF THEIR PARTICIPATION IN THE DCASH TOKEN SALE AND IN CONNECTION WITH RISKS RELATED TO THEIR CONTRIBUTION (LISTED OR NOT ABOVE). 

TAXATION 

1. 6.1.  The Contributor bears the sole responsibility to determine if his/her/its Contribution for the development of the Diabolo Ecosystem, the transfer of ETH to Diabolo, the purchase, acceptance, ownership or use of DCASH digital tokens, the potential appreciation or depreciation in the value of DCASH digital tokens over time (if any), or the allocation of DCASH and/or any other action or transaction related to the Diabolo Ecosystem has tax implications. 

2. 6.2.  By purchasing, holding, or using DCASH Token, and to the extent permitted by law, the Contributor agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or 

arising from the purchase, ownership or use of DCASH or any other action or transaction related to the Diabolo Ecosystem. 

6.3. It is your sole responsibility to comply with all applicable tax laws, including, but not limited to, the reporting and payment of income tax or similar arising in connection with the appreciation and depreciation of DCASH digital tokens. You bear the sole responsibility to determine such implications and act in accordance with the law that applies to you. 

7. REPRESENTATION & WARRANTIES 

7.1. 

By using the Website and/or purchasing DCASH Token, You represent and warrant that: 

1. 7.1.1.  You have read and understood the content of these T&C; 

2. 7.1.2.  You are solely responsible for the proper functioning of your electronic devices as well as your internet connection, in particular during the identification process; 

3. 7.1.3.  All information provided within any KYC procedure linked to your Contribution is true and accurate; 

4. 7.1.4.  You do not act on behalf of any third party which has not been disclosed in the KYC procedure; 

5. 7.1.5.  You have sufficient understanding of technical and business matters, cryptographic tokens, token storage mechanisms (such as token wallets) and blockchain technology to understand these T&C and to appreciate the risks and implications of purchasing DCASH digital tokens; 

6. 7.1.6.  You have a basic level of understanding of the usage and intricacies of cryptographic tokens, such as Ethereum ERC20 tokens, and other blockchain-based software; 

7. 7.1.7.  You are purchasing the DCASH digital tokens for your own account; 

8. 7.1.8.  You are well informed about DCASH digital tokens and Diabolo to make an independent informed decision; 

9. 7.1.9.  You fully understand that DCASH digital tokens are merely cryptographic tokens (which is not equivalent to a currency whatsoever) existent on the Ethereum blockchain that will enable usage of and interactions with services enabled by Diabolo according to the Whitepaper, if successfully complete and deployed; 

10. 7.1.10.  You fully understand that DCASH digital tokens are not a mean of payment nor a payment system; 

11. 7.1.11.  You fully understand that you are not investing in a fund or in a collective investment scheme and that Diabolo is not acting as a fund manager, asset manager or investment advisor in relation to the DCASH Token Sale; 

12. 7.1.12.  You fully understand that DCASH digital tokens do not constitute any Diabolo’s equity, security, debt or asset of any form or kind; 

13. 7.1.13.  You have researched the legal laws and regulations of token purchases in the applicable legal jurisdiction and be sure that these do not prohibit the purchase of DCASH digital tokens as described in these T&C and in the Whitepaper; 

14. 7.1.14.  You have a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like ETH, and blockchain-based software systems; 

15. 7.1.15.  You have carefully reviewed the code of the Smart Contract located on the Ethereum blockchain and fully understands and accepts the functions implemented therein; 

16. 7.1.16.  You are not a citizen or resident of a country whose legislation conflicts with the DCASH public sale and/or the Diabolo Ecosystem in general and/or are listed in the Restrictions; 

17. 7.1.17.  You are resident of a Permitted Jurisdiction; 

18. 7.1.18.  You are not being listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or 

Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions or the Swiss SECO’s Overall List of Sanctioned Individuals, Entities and Organizations; 

19. 7.1.19.  You are not, nor any individual or entity that You represent, (a) appears on the specially designated nationals and blocked persons list of the OFAC, or (b) is a person identified as a terrorist organization on appearing on any other relevant lists maintained by governmental authorities; 

20. 7.1.20.  You are not a person who is or has been entrusted with prominent public functions, such as a senior politician, a senior government, judicial, or military social, a senior executive of a state-owned corporation, an important political party social, or a close family member or close associate of any such person, and the funds used to fund the purchase of DCASH digital tokens are not derived from, invested for the benefit of, or related in any way to, the governments of, or persons within, any country under a UN, US, EU, CH, NATO embargo; 

21. 7.1.21.  You do not know or have any reason to suspect that (a) the funds used to fund Your purchase of DCASH digital tokens have been or will be derived from or related to any illegal activities, including but not limited to, money laundering activities, or (b) the proceeds that you may get from the sale of DCASH digital tokens will be used to finance any illegal activities; 

22. 7.1.22.  You are not purchasing or using DCASH digital tokens for any illegal purposes and you will not use the Website for any illegal activity; 

23. 7.1.23.  You are only purchasing DCASH digital tokens with legally obtained funds (which themselves have not been acquired through illegal money or activities); 

24. 7.1.24.  You are not engaging in any unlawful activity through their participation in the DCASH Token Sale; 

7.1.25. 7.1.26. 

7.1.27. 

7.1.28. 7.1.29. 7.1.30. 

7.1.31. 

7.1.32. 7.1.33. 

7.1.34. 

You are legally permitted to transfer funds to Diabolo in order to support the Diabolo Ecosystem; 

You are legally permitted to receive DCASH digital tokens in your jurisdiction and contributing to the development of the Diabolo Ecosystem; 

You understand that there is no warranty, guarantee or liability for defect with regards to DCASH digital tokens, express or implied, to the extent permitted by law and that you are purchasing them at your sole and exclusive risk; 

You will take sole responsibility for any restrictions and risks associated with the purchase, use or holding of DCASH digital tokens; 

You are not purchasing DCASH digital tokens for the purpose of speculative investment; 

You are purchasing DCASH digital tokens primarily to support the development, testing, deployment and operation of the Diabolo Ecosystem, being aware of the commercial, operational, technical and financial risks associated with the Diabolo Ecosystem; 

You are at least 18 years old or of the age of majority in their country of residence; 

You have full capacity to contract under the applicable law; 

You are in compliance with your local, state, and national laws by purchasing DCASH digital tokens in your jurisdiction; 

You are complying with all applicable laws. 

7.2. If you
authorized to accept these T&C on such entity’s behalf and that such entity will be responsible for any damage arising out of a breach of these T&C by You or any other employee or agent of such entity (in such event references to “you” in these T&C refer to You and such entity, jointly). 

are purchasing DCASH digital tokens on behalf of any entity, you are 

7.3. The Contributor is fully liable for any possible misrepresentations concerning meeting of any eligibility requirements set forth by Diabolo for the purpose of DCASH digital tokens Sale conduction (including, but not limited to, residence requirements). 

8. INDEMNIFICATION 

8.1. TO THE EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, YOU SHALL INDEMNIFY, DEFEND, AND HOLD DIABOLO AND/OR ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, VOLUNTEERS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES (INCLUDING REPUTATIONAL), LOSSES, SUITS, ACTIONS, DEMANDS, PROCEEDINGS, EXPENSES, AND/OR LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED AND/OR THOSE NECESSARY TO SUCCESSFULLY ESTABLISH THE RIGHT TO INDEMNIFICATION) FILED/INCURRED BY ANY THIRD PARTY AGAINST Diabolo IN CONNECTION WITH THE DCASH TOKEN ARISING OUT OF A BREACH OF ANY WARRANTY, REPRESENTATION, OR OBLIGATION HEREUNDER. 

9. NO WARRANTY 

1. 9.1.  The Contributor understands and expressly accepts that there is no warranty whatsoever on DCASH digital tokens, the Smart Contract, the Website and/or the success of the Diabolo Ecosystem, expressed or implied, to the extent permitted by law, and that the DCASH digital tokens are purchased at the sole risk of the Contributor on an “as is” and “under development” basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. 

2. 9.2.  The Contributor also accepts that the DCASH concept is still in an early development stage and unproven; that is why there is no warranty that the 

10. 

process for creating DCASH digital tokens will be uninterrupted or error-free and that there is an inherent risk that the DCASH blockchain could contain weaknesses, vulnerabilities, or bugs causing, inter alia, the complete loss of DCASH digital tokens. 

LIMITATION OF LIABILITY 

1. 10.1.  The Contributors assume all responsibility and risk with respect to the purchase of DCASH digital tokens, their use and their holding. The Contributors hereby expressly agree that, to the maximum extent permitted by the applicable law, Diabolo does not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from any use of, or inability to use the Website, DCASH digital tokens or the material, information, software, facilities, services, or content on the Website, as well as from the purchasing of DCASH digital tokens, regardless of the basis upon which the liability is claimed and even if Diabolo has been advised of the possibility of such loss or damage. 

2. 10.2.  TO THE EXTENT PERMITTED BY LAW, DIABOLO HEREBY EXCLUDES: (I) ALL CONDITIONS, WARRANTIES AND OTHER T&C WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND (II) ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, LOSS OF DATA, LOSS OF PROGRAMS, LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF TOKENS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL, CLIENT INSATISFACTION, WEBSITE INTERRUPTIONS) WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY PARTICIPANT ARISING OUT OF THE DCASH TOKEN SALE, THE SMART CONTRACT, THE DIABOLO ECOSYSTEM, THE WEBSITE OR THESE T&C. 

3. 10.3.  IN NO EVENT SHALL DIABOLO, MEMBERS OF Diabolo BOARD, STAFF, DIRECTORS, SHAREHOLDERS, CONTRACTORS, DEVELOPERS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT , INDIRECT, SPECIAL, 

INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DCASH TOKEN SALE, THE SMART CONTRACT, SERVICES OR PRODUCTS OFFERED BY Diabolo, INCLUDING SMART REFERENDUMS, OR THE Diabolo Ecosystem, THE WEBSITE OR THESE T&C. 

4. 10.4.  DIABOLO WILL NOT BE LIABLE FOR ANY ADVERTISEMENT, PUBLIC ANNOUNCEMENT OR PRESS RELEASE MADE IN RELATION TO THE DCASH TOKEN SALE. 

5. 10.5.  DIABOLO WILL NOT BE LIABLE FOR ANY SECURITY RISK SUCH AS HACKER ATTACKS, LOSS OF PASSWORD, LOSS OF PRIVATE KEY OR SIMILAR, BUGS OR ERRORS IN CODE, TEXT, OR IMAGES INVOLVED IN THE SALE OR IN THE WALLET USED IN RELATION TO THE DCASH TOKEN SALE OR FOR ANY DAMAGES OR LOSSES RESULTING FROM THE VOLATILITY IN PRICING OF PILLARS IN ANY COUNTRIES AND CRYPTOCURRENCY EXCHANGES. 

6. 10.6.  DIABOLO SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF DCASH DIGITAL TOKENS. THE CONTRIBUTOR UNDERSTANDS AND EXPRESSLY AGREES THAT DIABOLO SHALL NOT GUARANTEE IN ANY WAY THAT DCASH DIGITAL TOKENS MAY BE SOLD OR TRANSFERRED DURING OR AFTER THE DCASH TOKEN SALE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO THE CONTRIBUTOR, THE LIMITATIONS WILL APPLY TO THE CONTRIBUTOR ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE CONTRIBUTOR UNDERSTANDS AND AGREES THAT IT IS HIS/HER OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO HIS/HER COUNTRY OF DOMICILE CONCERNING PURCHASING OF DCASH DIGITAL TOKENS. 

7. 10.7.  DIABOLO WILL NOT BE LIABLE FOR (PARTIAL) INTERRUPTIONS TO AND DOWNTIME OF THE WEBSITE OR THE ETHEREUM BLOCKCHAIN DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR ANY OTHER REASONS THAT IT CANNOT DIRECTLY CONTROL. 

11. 

8. 10.8.  BY ACQUIRING DCASH digital tokens AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE NOT TO HOLD Diabolo OR ANY DIRECTOR, EMPLOYEE OR CONTRACTOR OF Diabolo LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR FAILURE TO PROPERLY SECURE YOUR PRIVATE KEY TO THE WALLET CONTAINING YOUR DCASH digital tokens: HACKER’S ATTACKS, STOLEN DEVICES, LOSS OF PASSWORDS, ETC. 

9. 10.9.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

10. 10.10.  IN ANY EVENT, THE COMPANY WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE DCASH TOKEN SALE OR ANY TRANSACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), IN CONTRACT OR OTHERWISE, MORE THAN THE VALUE OF EACH SPECIFIC TRANSACTION. 

11. 10.11.  YOU UNDERSTAND AND AGREE THAT BY FILING ANY CLAIM MORE THAN THIRTY (30) AFTER THE DISCOVERY OF THE ALLEGED LIABILITY, YOU WILL BE DEEMED TO HAVE FORFEITED YOUR RIGHTS. ANY SUCH CLAIM SHALL BE TIME-BARRED. 

RELEASE 

1. 11.1.  To the extent permitted by any applicable law, the Contributor releases and agrees not to hold any directors, shareholders, initiators, developers, auditors, contractors or founders of Diabolo liable for any and all damages caused by or related to the use of, or the inability to use, DCASH digital tokens or the Smart Contract 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). 

2. 11.2.  To the extent permitted by any applicable law, the Contributor releases and agrees that directors, shareholders, initiators, developers, auditors, contractors or founders of Diabolo shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or 

12. 

data, in any way whatsoever arising out of the use of, or the inability to use of the DCASH digital tokens and/or the implementation of the Diabolo Ecosystem. 

3. 11.3.  The Contributor further specifically acknowledges that directors, shareholders, initiators, developers, auditors, contractors or founders of Diabolo are not liable, and the Contributor agrees not to seek to hold them liable, for the conduct of third parties and that the risk of purchasing, holding and using DCASH digital tokens rests entirely with the Contributor. 

4. 11.4.  By purchasing, holding or using DCASH digital tokens, and to the extent permitted by law, the Contributor agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any regulatory implications or liability associated with or arising from the purchase, ownership or use of DCASH digital tokens or any other action or transaction related to the Diabolo Ecosystem. 

CONFIDENTIALITY 

12.1. The Contributor acknowledges and agrees that any information or data the Contributor has acquired from or about Diabolo, included, but not limited to, information or data regarding prices, scope of T&C, and any other T&C, conditions, obligations, representations, and warranties set forth herein or delivered prior to the publication of these T&C (hereinafter, the “Confidential Information”), was received in confidence. The Contributor hereby expressly agrees to take all reasonable precautions to protect such information and not to divulge any such information or any information derived therefrom to any third person without the prior written consent of Diabolo. The Contributor agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed in violation of these T&C. Confidential Information shall also mean all material and information that has or will come into the possession or knowledge of the Contributor in connection with its performance hereunder and which in the ordinary course of business is considered to be treated as confidential. Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the 

13. 

14. 

disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; (d) is independently developed by the other party; or (e) is required to be disclosed by any judicial or governmental requirement or order (provided that Recipient advises the disclosing party of the governmental demand for disclosure in a timely manner). 

PRIVACY POLICY 

13.1. By participating in the DCASH public sale, you agree that your personal data will be processed by Diabolo pursuant to the Company’s privacy policy. 

GOVERNING LAW AND JURISDICTION 

1. 14.1.  These T&C are governed and construed in accordance with the substantive laws of Switzerland, to the exclusion of the provisions of the conflict of laws and any international conventions applicable, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG), as amended from time to time. 

2. 14.2.  Any dispute arising in connection to those T&C and/or the DCASH Token Sale shall be subject to the exclusive jurisdiction of the courts of Vaud, Switzerland. 

MISCELLANEOUS 

1. 15.1.  Severability / Good Faith: Should any part or provision of these T&C be held to be invalid or unenforceable by any competent court, governmental or administrative authority having jurisdiction, the other provisions of these T&C shall nonetheless remain valid and be replaced with a substitute provision that best reflects the economic intentions of the replaced provision without being unenforceable. The same shall apply if and to the extent that these T&C are found to contain any gaps or omissions. 

2. 15.2.  No Partnership and/or joint venture: By transferring ETH to Diabolo, no form of partnership or joint venture or any similar relationship between the Contributors and Diabolo and/or the setting up of the Diabolo Ecosystem is created. Purchasing of DCASH digital tokens by the Contributor in no way creates any exclusive relationship between the Contributor and Diabolo, nor any partnership, joint venture, employment, or agency. 

15. 

3. 15.3.  No Waiver: The failure of any of Diabolo to enforce any of the provisions of these T&C or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these T&C. 

4. 15.4.  Entire Agreement & Severability: These T&C, the Privacy Policy subject to any amendments or modifications made by Diabolo from time to time, shall constitute the entire agreement between you and Diabolo. 

Diabolo Privacy Notice

Last modification: 15 September 2021

The security and protection of your Personal data is one of the top priorities of DIABOLO SARL., a company duly incorporated under the laws of Switzerland, with registration number CH-550.1.197.240-4  and with official address at Montreux, Vaud,  Switzerland (the “Company, “Us” or “We”) which operates a website hosted at the URL www.diabolo.io (the “Website”)

The Company shall collect Personal data from both natural or legal persons who browse the Website (the “Visitors”) and from natural persons who are Users of the diabolo’s platform as members of the community (the “Users”) and who are allowed to participate to diabolo’s Referendum (the “Referendum”).

This Privacy Notice (the “Notice”) aims to protect the privacy and the fundamental rights of the Users when their Personal data are processed by the Company, such as the fundamental rights of the Visitors while they are browsing the Website.

Capitalized terms defined in the Terms of Use available at the following address https://diabolo.io/legal/terms-of-use

The Company use privacy by default and privacy by design standards and undertake to store your Personal data in a secured manner and to process your Personal data with all appropriate care and attention in accordance with the Federal Data Protection Act (RS 235.1), the Ordinance on the Federal Data Protection Act (RS 235.11).

1. DEFINITIONS

‘Consent’ shall mean any freely given, specific and informed indication of his or her wishes by which a Data subject signals agreement to the Processing of Personal data relating to him or her.

‘Data controller’ shall mean the natural or legal person, which, alone or jointly with others, determines the purposes and means of the Processing of Personal data and who is in charge of this Processing.

‘Data subject’ shall mean natural or legal persons whose data is processed, whether it is a User or a Visitor.

‘Disclosure’ shall mean making Personal data accessible, for example by permitting access, transmission or publication.

‘Personal data’ shall mean all information relating to an identified or identifiable person.

‘Personal data breach’ shall mean a breach of security leading to the accidental or unlawful destruction, loss or alteration of – or to the unauthorized Disclosure of, or access to – Personal data transmitted, stored or otherwise processed.

‘Processing’ shall mean any operation or set of operations – by automated and other means – that is performed upon Personal data or sets of Personal data, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmitting, disseminating or otherwise making available, aligning or combining, or erasing.

‘Recipient’ means third, public authority, agency or other body – that is, someone or something other than the Data subject or the Company – to which the Personal data is disclosed.

2. SCOPE

The Company provides this Notice to describe its procedures regarding the Processing and Disclosure of Personal data collected by the Company while using the Website.

This Notice shall apply to any use of the Website, whatever the method or medium used. It details the conditions at which, the Company may collect, keep, use and save information that relates to you, as well as the choices that you have made in relation to the collection, utilisation and Disclosure of your Personal data.

3. ACCEPTANCE

By browsing the Website, Visitors acknowledge that the Company may collect and process a certain number of Personal data that relate to them and that they have read and understood this Notice and agree to be bound by it and to comply with all applicable laws and regulations.

Users acknowledge that the Company may collect and process a certain number of Personal data that relate to them and that they have read and understood this Notice and agree to be bound by it and to comply with all applicable laws and regulations.

In particular, the Consent for the Processing of Personal data is given once the Visitor and/or the Users ticks the box in the pop-up window which says “I have read the Privacy Notice and agree to be bound by it”.

The Consent is also given when the Users freely submit to the Company the Personal Data required to become a User. This latter understands and agrees that the Company is free to use these Personal Data within the limit provided by law and this Notice.

If you do not agree with the terms of this Notice, please do not become a User and refrain from using the Website.

4. PRINCIPLE FOR PROCESSING PERSONAL DATA

While Processing Personal data, the Company will respect the following general principle:

a) Fairness and lawfulness

When Processing Personal data, the individual rights of the Data subjects must be protected. Personal Data must be collected and processed lawfully, in a fair manner, in good faith and must be proportionate to the objective.

b) Restriction to a specific purpose

Personal data handled by the Company should be adequate and relevant to the purpose for which they are collected and processed. This requires, in particular, ensuring that the types of Personal data collected are not excessive for the purpose for which they are collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

c) Transparency

The Data subject must be informed of how his/her Personal data is being handled. When the Personal data is collected, the Data subject must be informed of:

the existence of the present Notice;

the identity of the Data controller;

the purpose of Personal data Processing;

third-parties to whom the data might be transmitted.

d) Consent of the Data subject

Personal data must be collected directly from the individual concerned and the Consent of the Data subject may be required before Processing Personal data. The Consent must be obtained in writing or electronically for the purposes of documentation. The Consent is valid only if given voluntarily. If, for any reason, the Consent of the Data subject is not given before Processing Personal data, this one should be secured in writing as soon as possible after the beginning of the Processing.

Personal data can be processed without Consent if it is necessary to enforce a legitimate interest of the Company. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature. The Processing of Personal data is also permitted if national legislation requests, requires or allows this.

e) Accuracy

Personal data kept on file must be correct and if necessary, kept up to date. Inaccurate or incomplete Personal data should not be kept on file and deleted.

5. COLLECTED DATA

This Notice applies to all information which is received during your visit to or use of the Website, when you subscribe to our newsletter and/or when you become a User. 

In particular, the Company will collect the following Personal data:

a) Visitors data

When you browse the Website, even if you do not subscribe to our newsletter, do not become a User and do not contact us, the Company automatically:

collects your cookies;

uses Google Analytics;

uses Facebook pixel;

uses zendesk;

b) Users data

When you become a User whether you participate in a Referendum or not, the Company shall collect:

- your Ethereum address;

- your email address;

c) Referendum data

When you, as a User, participate to a Referendum, the Company shall collect:

- your IP address;

- your browser User-Agent.

d) Newsletter’s subscriber data

When you, as a Visitor or a User, subscribe to our newsletter, We collect your IP address your name, surname, your country of residence and your email address for the sole purpose to send you our newsletter.

Please note that you are entitled to unsubscribe from our newsletter whenever you want and at your sole discretion by contacting us in accordance with Section 19 of this Notice.

6. USE OF DATA

The following paragraphs describe the various purposes for which the Company uses your Personal data. Please note that not all of the uses below will be relevant to every individual.

Generally, the main reason why We collect Personal data is to enable you to enjoy and easily navigate the Website, to transfer your tokens to your Ethereum address, to keep a detailed list of the Users who participates to the Referendum, to keep you updated about the result of the Referendum and/or advances of the diabolo Project. If you contact us via email to the contacts set out on the Website, We will keep a record of that correspondence.

a) Users data:

Users understand and agree that their transactional information will be made public on the Ethereum blockchain and, therefore, disclosed to anyone.

The Company will employ Users’ Personal data to provide them with a better service, and in particular to:

communicate with them;

provide them with information about new products available, blog posts, promotions, special  offers and other information;

personalize the promotional offers, in particular based upon their activity and their transaction history;

answer to their questions and comments;

send them diabolo’s newsletter, unless the Users unsubscribe;

prevent potentially prohibited or illegal activities;

conduct research and compile statistics on usage patterns;

process transactions;

manage the accounts;

enforce the Terms of Use;

comply with our legal requirements;

as otherwise described to the Users at the point of collection.

b) Collect of the cookies

A Cookie is a piece of information that is placed automatically on your computer’s hard drive when you access certain websites. The Cookie uniquely identifies your browser to the server. Cookies allow the Company to store information on the server (for example language preferences, technical information, click or path information, etc.) to help make the Web experience better for you and to conduct Website analysis and Website performance review. Most Web browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of the Website may not work properly if you refuse cookies.

c) Use of Google Analytics:

The Website uses Google Analytics, an Internet site analysis service supplied by Google Inc. (“Google”). Google Analytics uses cookies which are text files placed on your computer to help to analyse the use made of the Website by its users. The data generated by the cookies concerning your use of the Website (including your IP address) will be forwarded to, and stored by Google on servers located outside of Switzerland. Google will use this information to evaluate your use of the Website, compile reports on site activity for its publisher and provide other services relating to the activity of the Website and the use of the internet. Google may release these data to third parties if there is a legal obligation to do so or when the third parties process these data for the account of Google including, in particular, the publisher of the Website. Google will not cross-reference your IP address with any other data held by Google.

You may deactivate the use of cookies by selecting appropriate parameters on your navigator. However, deactivation of this kind might prevent the use of certain functions of the Website. By using the Website, you specifically Consent to the Processing of your Personal data by Google under the conditions and for the purposes described above.

7. THIRD PARTY DISCLOSURE

The Company discloses your personal data with MailChimp for the newsletter and with Intercom and Salesforce for the contact form mentioned under section 19 of this Notice.

The Company may share your Personal data to any other relevant third parties, in particular if We are requested to do so to comply with a court order or law enforcement authorities request, or if We find it necessary, as determined in the Company’s sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law.

In any case where cross-border transfer is done, the Company ensures that an adequate protection is guaranteed for Personal data to be transferred outside of Switzerland and the European Economic Area (hereinafter: the “EEA”). In some specific cases when this level of protection is not guaranteed, the Company will obtain your prior Consent or establish with the Recipient of Personal data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting the Company.

Unless otherwise stated, the third parties who receive data from the Company are prohibited to use this Personal data beyond what is necessary to provide the product or service to you, directly or by participating in the Company’s activities.

8. STORAGE OF YOUR PERSONAL DATA

Your Personal data will be stored in Europe. You agree that the Company may store your Personal data in any country of the EEA, including Switzerland.

The storage as well as the Processing of your Personal data may require that your Personal data are ultimately transferred/transmitted to, and/or stored at a destination outside of your country of residence, notably Switzerland. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or Processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.

9. RETENTION OF YOUR PERSONAL DATA

In accordance with applicable laws, the Company will use your Personal data for as long as necessary to satisfy the purposes for which your Personal data was collected or to comply with applicable legal requirements.

10. SECURITY OF YOUR PERSONAL DATA

The Company applies high industry standards and will always apply adequate technical and organisational measures, in accordance with applicable laws to ensure that your data is kept secure.

In the event of a Personal data breach, the Company shall without undue delay, and where feasible, not later than 72 hours after having become aware of it, notify the breach to the competent supervisory authority, unless said breach is unlikely to result in a risk to your rights and freedoms. If the breach is likely to result in a high risk to your rights and freedoms, the Company shall communicate this breach to you, if it is feasible, without undue delay.

11. ACCESS TO YOUR DATA AND INFORMATION RIGHTS

You have the right to request access to or information about the Personal data relating to you which are processed by the Company.

Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal data; (ii) oppose the data Processing; (iii) limit the use and Disclosure of your Personal data; and (iv) revoke Consent to any of our data Processing activities, if the Company is relying on your Consent and does not have another legal basis to continue Processing your data.

These rights can be exercised by contacting us through our contact form or writing to us at: [email protected], attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal data multiple times in the last twelve months or if the request generates an extremely high workload). In such case, the Company may charge you a reasonable request fee according to applicable laws.

The Company may refuse, restrict or defer the provision of Personal data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

12. PORTABILITY OF YOUR DATA

You also have the right to receive your Personal data, which you have provided to the Company with, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Company.

This right can be exercised by contacting us through our contact form or writing to us at: [email protected], attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal data multiple times in the last twelve months or if the request generates an extremely high workload). In such case, the Company may charge you a reasonable request fee according to applicable laws.

The Company may refuse, restrict or defer the provision of Personal data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

13. PRIVACY BY DESIGN AND BY DEFAULT

The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the GDPR and protect your rights.

The Company will implement appropriate technical and organizational measures for ensuring that, by default, only Personal data which are necessary for each specific purpose of the Processing are processed. This obligation applies to the amount of your Personal data We collect, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default your Personal data are not made accessible without your intervention to an indefinite number of third parties.

14. CONTACTING THE COMPANY AND COMPLAINTS

The Company hopes to be able to answer any questions or concerns you have about your Personal data. You can get in touch with the Company at the postal address or email address given in section 17 hereafter.

You have the right to make a complaint if you feel your Personal data has been mishandled or if the Company has failed to meet your expectations. You are encouraged to contact the Company about any complaints or concerns but you are entitled to complain directly to the relevant supervisory authority.

15. CHANGES TO THE PRIVACY NOTICE

The Company may modify this Notice from time to time, and will post the most current version on the Website. If a modification reduces your rights, a pop-up window will inform you immediately when you will browse our Website and you will have to accept the changes.

16. DATA CONTROLLER

The data controller of the file is: Diabolo SARL.,Chem. de Madame de Warens 2, 1816 Montreux, Switzerland.

17. LINKS

The Website may contain links which direct you to third party sites. The Company rejects any liability relating to the privacy policy in force on said third party sites, the collection and use of your Personal data by the latter and relating to the contents of said sites (whether the links are hypertext links or deep-links). 

Furthermore, the Data subject acknowledge and agree that using our Website could imply to download other applications such as, for example, Metamask. Under no circumstances the Company shall be liable for the utilization of these others applications, especially regarding to the Data protection rules.

18. JURISDICTION AND GOVERNING LAW

This Notice and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.

Any dispute relating to this Notice must exclusively be brought before the courts of Lausanne, subject to an appeal to the Swiss Federal Court.

19. CONTACT

To ask questions or make comments on this Notice or to make a complaint about our compliance with applicable privacy laws, please contact us through:

a. our email address: [email protected]; or

b. our address: Diabolo SARL.,Chem. de Madame de Warens 2, 1816 Montreux, Switzerland

We will acknowledge and investigate any complaint pursuant to this Notice.