Brisk Pass App and BriskCoin Conditions
These terms and conditions (the "Terms") describe information applicable to the use of the https://www.briskpass.com, https://www.briskcoin.com websites and services, which is operated and owned by Brisk Pass GmbH. By transferring Ether ("ETH") to the BriskCoin token sale smart contract ("the Smart Contract") and/or calling the token creation function to create BriskCoin Tokens (hereinafter "BSK"), the User expressly agrees to be bound by all of the terms and conditions set forth. In accepting this agreement, the User acknowledges that the User has read this agreement, understands it, and had an opportunity to seek independent legal advice prior to agreeing to it. The User also warrants that the User is of a sufficient age and has full capacity to enter in this contract under applicable law. The User understands and accepts that the User makes a contribution into the Smart Contract for the development of the Brisk Pass App ("Contribution") upon the creation of BSK, as further described in the Brisk Pass White-Paper ("Brisk Pass" or "the White-Paper"). For the White-Paper and/or further information on the Brisk Pass, see: https://briskpass.com/ ("the Website"). The information contained in the White-Paper and on the website are of descriptive nature only, are not binding and do not - unless explicitly stated - constitute part of the Terms as set forth herein. At any point, if the User does not agree to any portion of the current Terms, the User should not proceed to use the Website, or participate in the token sale ("the Sale"). Brisk Pass GmbH. reserves the right to review and amend the Terms at any time without notice. This document does not constitute a prospectus of any sort, is not a solicitation for investment, and does not pertain in any way to an initial public offering or a share/equity offering and does not pertain in any way to an offering of securities in any jurisdiction. It is the description of the functionality of the Smart Contract.
Status of these Terms
The purpose of these Terms is to explain the functionality of the Smart Contract and to notify the persons who intend to transfer ETH to the Smart Contract ("the Contributors") about the risks connected with the use of the Smart Contract.
The list of risks specified in these Terms is not comprehensive, and it may not contain those risks which cannot be predicted at the present moment. If the User is not sure the User can estimate the probability of occurrence of such risks, the User is advised to contact an appropriate specialist, including but not limited to a programmer, lawyer, or adviser, before making a decision about entering into the agreement set forth by these Terms.
Review of these Terms does not supplant the review of the Smart Contract, or of the full technological infrastructure in which the Smart Contract resides, including but not limited to Ethereum, Solidity, Parity, or MetaMask ("the Blockchain Ecosystem"). By transferring ETH to the Smart Contract, the User confirms that the User has read instructions of the Blockchain Ecosystem and fully and unconditionally agree with the conditions hereof.
The User may not take legal actions against any entities, individuals, or the Smart Contract connected with using the Smart Contract, including, but not limited to claims based on the fact the User did not read nor did not understand the terms and conditions of the Blockchain Ecosystem.
These Terms may be amended and/or updated in the future, without notice. The applicable Terms are the ones displayed on the Website. In order to obtain the most complete and current information regarding the Smart Contract, the User should periodically review this document.
Ownership of BSK carries no rights express or implied other than a limited right (a license) to use the Brisk Pass Platform, if and to the extent the Brisk Pass Platform has been successfully completed and launched.
The User understands and accepts that BSK does not represent or constitute any ownership right or stake, share or security or equivalent rights nor any right to receive future revenues, shares or any other form of participation or governance right in or relating to the Brisk Pass Platform in general and/or Brisk Pass GmbH.
The User understands and accepts that the Smart Contract System may contain whitelisted addresses that receive a guaranteed allocation of Sale Supply BSK for their Contributions. The amount of these Contributions may be hard coded into the Smart Contract and is included in the total supply of BSK.
The Smart Contract will allocate 800,000 BSK for every Contribution of 1 ETH during the first 5 Days of the Sale, 500,000 BSK for 1 ETH in the next 20 Days of the Sale, 460,000 BSK for 1 ETH in the subsequent 15 Days of the Sale and 400,000 BSK for 1 ETH for the rest of the Sale. Thus, the total discounted period has a duration of Forty (40) Days. The Sale will continue for a duration of 45 days from the initial activation of the Smart Contract ("the Sale Period”).
The creation and allocation of BSK by the Smart Contract is initiated by the User transferring an amount of ETH to the Smart Contract, located at the Ethereum address denoted on the Website, which triggers a smart contract operation. This allocates the corresponding BSK to the User's address from which the ETH was transferred. The User must insure the contribution is made from an Ethereum address which can technically support BSK (e.g. not from a currency exchange such as Kraken, Poloniex, Coinbase, etc.). Issuance of BSK are made by the Smart Contract according to the allocation protocols encoded therein.
The User understands and accepts that any transfer of ETH is not reversible under any circumstances. The User shall therefore make sure that the Contributions made originate from an Ethereum address capable of receiving the transfer of ETH (e.g. not a smart contract in itself such as a multiple-signature wallet, nor that of a currency exchange such as Kraken, Poloniex, Coinbase, etc.). Other Contributions made are non-refundable and final. By contributing for BSK, the User acknowledges that the User has no right to request a refund for any reason, and that the User will not receive money or other compensation for any BSK that is not used or remains unused, except under the functionalities encoded in the Smart Contract and the protocol associated.
Only the use of the original genuine Smart Contract as published thereof on the Website will issue BSK during the Sale Period. To the extent that any third-party website, service, or smart contract offers BSK during the Sale Period and/or facilitates the allocation or transfer of BSK in any way during the Contribution Period, such third-party websites or services are, unless explicitly mentioned on http://briskpass.com/, not authorized by Brisk Pass GmbH. and have no relationship in any way with Brisk Pass GmbH. The transferability of BSK during the Sale Period will be unlocked after the sale completion date.
BSK is only for use in connection with the Brisk Pass Platform under the terms of the Smart Contract and only constitute a transferable representation of the attributed functions specified in the Smart Contract. BSK is a usage token, which enables participation on the Brisk Pass Platform. Furthermore, certain governance functions may be implemented. If such governance functions exist, Brisk Pass GmbH. has the final decision power regarding all matters discussed.
Ownership of BSK carries no rights express or implied other than the right to use BSK as a means to enable usage of and interaction with and within the Brisk Pass Platform, if successfully completed and deployed. Beyond this, ownership of BSK carries no rights express or implied. In particular, the User understands and accepts that he has no right to claim as a holder of BSK any intellectual property rights, equity or equivalent rights or any other form of participation in or relating to the Brisk Pass Platform or Brisk Pass GmbH.
By transferring ETH to the Smart Contract and/or upon receipt of BSK, the User represents and warrants that the User is not a citizen or resident of a country, whose legislation conflicts with the present allocation of BSK and/or the Brisk Pass Platform in general; the User has a deep understanding of the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic tokens, like bitcoin (BTC) and Ether (ETH), and blockchain-based software systems; the User understands and accepts that the consensus mechanism securing the Ethereum Network may change in the future, and the stakeholders who are in control of the Network may also change as a result; the User has carefully reviewed the code of the Smart Contract located on the Ethereum blockchain at the Ethereum address described on the Website and fully understands and accepts the functions implemented therein; the User is legally permitted to transfer ETH to the Smart Contract, receive BSK, create or obtain BSK in the User's jurisdiction; the User will contribute ETH and/or create BSK from a wallet respectively within a wallet or wallet service provider that technically supports BSK.
The User understands and accepts, that failure to assure this may have the result that the User will not gain access to the User's BSK. The User further understands and accepts, that in such case the transaction fees ("the Gas") necessary will be forfeit and lost in its entirety; the User is legally permitted to receive software and to Contribute to the Smart Contract for the development of the Brisk Pass Platform; the User is of a sufficient age to legally create and obtain BSK; the User will take sole responsibility for any restrictions and risks associated with the creation of BSK by the Smart Contract set forth below; the User is not submitting ETH to the Smart Contract and/or receiving BSK for the purpose of speculative investment; the User is not obtaining or using BSK for any illegal purposes; the User is purchasing the functionality of BSK issued by the Smart Contract primarily to support the development, testing, auditing, deployment, and operation of the Brisk Pass Platform, being aware of the commercial risks associated with the Brisk Pass Platform; the User waives the right to participate in a class action lawsuit or a classwide arbitration against Brisk Pass GmbH. or any individual involved with the creation of BSK; the User understands the creation of BSK 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; the User understands that the transfer of ETH to the Smart Contract, the creation of BSK, and the development of the Brisk Pass Platform carries significant financial, regulatory and reputational risks as further set forth in the Terms; the User understands and expressly accepts that there is no warranty whatsoever on BSK, the Smart Contract, and/or the success of the Brisk Pass Platform, expressed or implied, to the extent permitted by law, and that the Smart Contract is used and BSK is created and obtained at the sole risk of the User 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, merchantability or fitness for a particular purpose; the User understands that the User has no right against any other party to request any refund of the ETH submitted to the Smart Contract and/or BSK created under any circumstance except that defined in the operating functionality of the Smart Contract therein; and that the User understands with regard to BSK no market liquidity may be guaranteed and that the value of BSK over time may experience extreme volatility or depreciate in full; the User understands that the User bears the sole responsibility to determine if the User's contribution to the Smart Contract for the development of the Brisk Pass Platform, the transfer of ETH to the Smart Contract, the creation of BSK, the potential appreciation or depreciation in the value of BSK over time (if any), the allocation of BSK and/or any other action or transaction related to the Brisk Pass Platform have tax implications for the User; by creating, holding or using BSK, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the creation, ownership or use of BSK or any other action or transaction related to the Brisk Pass Platform.
As part of the contribution process the User will use the User's own account (Ethereum address) on the Ethereum network, with a private key associated to this address and password. The password is used to encrypt the User's private key. Following the creation of BSK by the Smart Contract, the BSK will be transferred to the User's address by the Smart Contract. The User understands that the User must keep the User's password and private key safe and that the User may not share them with anybody. The User further understands that if the User's private key and/or password is lost or stolen, the User will not be able to generate a new password or recover the User's private key, and if the User also loses the User's private keys and password, the BSK associated with the User's account (address) will be unrecoverable and will be permanently lost. Furthermore, the User understands that there is no recovery mechanism for lost keys and passwords, so no one will be able to help the User retrieve or reconstruct a lost password and private keys and provide the User with access to any lost BSK.
Brisk Pass Execution
The User understands and accepts that the development and execution of the Brisk Pass may be assigned to a third party contractor ("the Contractor"), by releasing the amount of contributed ETH by the Smart Contract to the wallet of the Contractor. Brisk Pass GmbH. has the right to engage subcontractors to perform the entire or partial development and execution of the Brisk Pass. The scope of the development work will be triggered by the amount of Contributions received during the Sale Period. Brisk Pass GmbH shall further have the right to assign the entire Brisk Pass GmbH including the Contributions received for its development to a third party.
The User understands and accepts that for the purpose of the development and execution of the Brisk Pass, Brisk Pass GmbH receives the full amount of ETH transferred to the Smart Contract System during the Sale Period. This amount covers expenses, charges and other costs that may arise by Brisk Pass GmbH. and/or its subcontractors as part of the development and execution of the Brisk Pass. Brisk Pass GmbH has the right to support and/or acquire other companies for the benefit of successfully executing the Brisk Pass. It remains at Brisk Pass GmbH's sole discretion to decide how to allocate the funds in order to develop and execute the Brisk Pass.
The User understands and accepts that the User may not have any expectation of influence over governance on the Brisk Pass.
The User understands and accepts that the Brisk Pass will need to go through substantial development works as part of which it may become subject of significant conceptual, technical and commercial changes before release.
User Wallet Safety
As part of the Contribution process the User will generate a wallet seed, need to provide a password and save their private wallet keys. The password will be used to encrypt the User's seed and private keys to the User's Wallet.
Following the creation of BSK by the Smart Contracts, the User understands that the User must keep the User's seed, password and private keys safe and that the User may not share them with anybody. The User further understands that if the User's seed is lost or stolen, the User will not be able to generate a new password or recover the private keys, and if the User also loses the private keys and password, the ETH or BSK associated with the User's Wallet will be unrecoverable and will be permanently lost. Furthermore, the User understands that there is no recovery mechanism for lost seeds, and without the seeds there is no recovery mechanism for lost passwords and private keys, so no one will be able to help the User retrieve or reconstruct a lost seed, password and private keys provide the User with access to any lost BSK or ETH. Furthermore, the User understands that it is not possible to reconstruct a lost or stolen wallet.
The User understands and accepts the risks in connection with transferring ETH to the Smart Contract, creating BSK as exemplary set forth above and hereinafter. In particular, but not concluding, the User understands the inherent risks listed hereinafter.
The User understands and accepts that the Smart Contract concept, the underlying software application and software platform (i.e. the Ethereum blockchain) is still in an early development stage and is unproven, hence there is no warranty that the process for creating BSK will be uninterrupted or error-free and why there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of ETH and/or BSK.
The User understands and accepts that the blockchain technology allows new forms of interaction and that 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 and which may, inter alia, result in substantial modifications of the Smart Contract and/or the Brisk Pass GmbH including its termination and the loss of BSK for the User.
The User understands and accepts that the creation of BSK and the development of the Brisk Pass 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 projects). The User therefore understands that there is no assurance that, even if the Brisk Pass is partially or fully developed and launched, that the User will receive any benefits through the BSK held by the User.
The User understands and accepts that the Brisk Pass may give rise to other, alternative projects, promoted by unaffiliated third parties, under which BSK will have no intrinsic value.
BSK can only be accessed by using an Ethereum wallet with a combination of User's account information (address), private key and password. The private key is encrypted with a password. The User understands and accepts that if the User's private key file or password respectively got lost or stolen, the obtained BSK associated with the User's account (address) or password will be unrecoverable and will be permanently lost.
The User understands and accepts that the Smart Contract concept, 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 ETH and/or BSK, impacting the ability to develop the Brisk Pass.
The User 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 BSK transactions, and expected proper execution and sequencing of contract computations.
The User understands and accepts, that the wallet or wallet service provider used for the Contribution, has to be technically compatible with BSK. The failure to assure this may have the result that the User will not gain access to the User's BSK.
The User bears the sole responsibility to determine if the contribution to and receipt from the Smart Contract, including but not limited to the acquisition of BSK, change of BSK's value with the course of time and the receive function of the Smart Contract shall be a taxable event for the User. The User bears full responsibility for the timely and correct calculation and payment of all taxes due in accordance with the legislation applicable to the User. Brisk Pass GmbH is not a tax agent of the User, as well as it does not advise the User on the order of calculation and/or the payment of taxes. The User accepts that no entity or individual involved in the creation of BSK can be held liable for any taxes imposed in the User's jurisdiction.
The User acknowledges and agrees that, to the fullest extent permitted by any applicable law, the User will not hold any developers, auditors, contractors or founders of BSK, the Smart Contract and/or BriskCoin GmbH liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use, BSK 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) and that developers, auditors contractors or founders of the Smart Contract, BSK and/or Brisk Pass GmbH 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 Smart Contract, the Brisk Pass and/or BSK.
The User further specifically acknowledges that developers, auditors, contractors or founders of BSK, Smart Contract and/or the Brisk Pass are not liable, and the User agrees not to seek to hold them liable, for the conduct of third parties, and that the risk of creating, holding and using BSK rests entirely with the User.
By creating, holding or using BSK, and to the extent permitted by law, the User 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 creation, ownership or use of BSK or any other action or transaction related to the Brisk Pass.
The User understands and accepts that the network of miners will be ultimately in control of the Smart Contract. The User understands that a majority of these miners could agree at any point to make changes to the official Smart Contract and to run a new version of the Smart Contract. Such a scenario could lead to BSK losing intrinsic value.
The User agrees that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
The Terms govern the creation, ownership and use of BSK and supersede any public statements about the launch of BSK and/or the Smart Contract made by anyone in the past, present and future.
The applicable law is German law. Any dispute arising out of or in connection with the creation of BSK and the development and execution of the Brisk Pass shall be finally settled by the ordinary courts of the registered domicile of the defendant.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trade mark law.
The materials on Brisk Pass GmbH's site are given "as is". Brisk Pass GmbH makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranties, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, Brisk Pass GmbH does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its Internet site or generally identifying with such materials or on any destinations connected to this website.
In no occasion should Brisk Pass GmbH or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on Brisk Pass GmbH's Internet webpage, regardless of the possibility that Brisk Pass GmbH or a Brisk Pass GmbH approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don't permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
Amendments and Errata
The materials showing up on Brisk Pass GmbH's site could incorporate typographical, or photographic mistakes. Brisk Pass GmbH does not warrant that any of the materials on its site are exact, finished, or current. Brisk Pass GmbH may roll out improvements to the materials contained on its site whenever without notification. Brisk Pass GmbH does not, then again, make any dedication to update the materials.
Brisk Pass GmbH has not checked on the majority of the websites or links connected to its website and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by Brisk Pass GmbH of the site. Utilization of any such connected site is at the user's own risk.
Brisk Pass GmbH may update these terms of utilization for its website whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.
Any case identifying with Brisk Pass GmbH's site should be administered by the laws of the country of Germany Brisk Pass GmbH State without respect to its contention of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will gather and utilization of individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
We will just hold individual data the length of essential for the satisfaction of those reasons.
We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
We will promptly provide customers with access to our policies and procedures for the administration of individual data.
We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.
Copyright 2017 Brisk Pass GmbH. All Rights Reserved.