Terms of use
These terms and conditions of use regulate and apply to the Stakemine Platform, marketed by the company Stakemine Solutions in Ore Tokenization Sociedad Anônima de Capital Variable, NIT 0614-210223-102-4, established at Rua Cuscatlán, 83 – Avenida Sur – Casa 4312 – Colonia Escalon, in the city of San Salvador, in the Republic of El Salvador.
By accepting these terms, the user agrees to all the terms and conditions of use described below, being aware that, by making the adhesion, all his rights and obligations will be bound, making such rules and conditions of use indispensable for contracting the eventual services.
Therefore, before accepting, please ensure that you have understood and agreed to the entire content of these terms and conditions of use.
This document is not a solicitation for investment and does not in any way refer to an offering of securities in any jurisdiction. This document describes the terms of use of the Platform called Stakemine.
Stakemine reserves the right to change the terms and conditions at any time and such changes will be effective immediately upon posting on the Website. By continuing to use the Website, the user accepts such changes. If you do not agree to these terms and conditions, you must refrain from using the Stakemine website.
By accessing the Stakemine Platform, to the extent permitted by law, you agree that none of the employees, directors, directors, contractors, consultants, shareholders, suppliers, contractors and their respective past, present and future employees, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns are liable for any special, incidental or consequential losses or damages arising out of or related in any way to the sale of Stakemine products, including losses associated with the terms set forth below.
The user declares to have sufficient knowledge to operate with Stakemine, there being no doubt or fact that can characterize his hyposufficiency in relation to the same, possessing full and total enjoyment of his civil capacity, as well as being able to practice any and all acts necessary for the validity of the operations. The user should have sufficient understanding of the functionality, use, storage, transmission mechanisms, and complexities associated with cryptographic tokens such as Bitcoin and Ether, as well as Blockchain-based software systems in general. If any of the following terms is unacceptable to the user, the user must not use the Platform.
Stakemine is not responsible for any direct or indirect loss of profits, loss of data or damages resulting from technical errors, failures, interrupted internet connection or the like.
The User declares to be aware that Stakemine is not an investment advisor, but only a Token trading post, having no responsibility for the use and investments made by the Users.
- Site
1.1 Stakemine reserves the right, in its sole and absolute discretion and without notice, to change, modify, add or remove features, or change any content on the Website, block or restrict access to, or terminate, withdraw or suspend the use of the Website or any part of the Website. You will be deemed to have accepted and agreed to any change if you access or use the Website after posting the change on it. Stakemine shall not be liable for any loss that may be incurred as a result of such action.
1.2. 1.2. Stakemine does not provide services in some locations, including the United States of America, Afghanistan, Bangladesh, Brazil, Bolivia, Burma, Burundi, Central African Republic, China, Democratic Republic of the Congo, Cuba, Ecuador, Eritrea, Guinea, Guinea-Bissau, Hong Kong, Iran, Iraq, North Korea, Kyrgyzstan, Lebanon, Liberia, Libya, Mali, Namibia, Nepal, Somalia, Sudan, Syria, Venezuela, Yemen and Zimbabwe.
1.3. The Website may contain hyperlinks to websites that are not maintained or controlled by Stakemine. All hyperlinks to these websites are provided as a convenience to you. Use of hyperlinks and access to these websites is entirely at your own risk. The Stakemine Company disclaims any responsibility and liability for any third party content contained on websites linked to the Website and shall not be liable for any loss arising from you accessing or using such websites.
1.4 The inclusion of any hyperlink does not imply endorsement by Stakemine of such websites. Under no circumstances shall Stakemine be deemed to be associated with or affiliated in any way with any trademark or service mark, logos, insignia or other devices used or appearing on websites to which the Site is linked.
- STMI Token Sale Conditions
2.1. STMI is a token that enables its holders to diversify into investments aimed at the production and marketing of commodities, a promising and ultra-profitable market. Part of the token values will be directly invested in expansion and production on mining farms.
2.2. STMI tokens can be acquired, redeemed and transferred through the Stakemine Platform. STMI tokens are issued on a public Blockchain, so they can be transacted using third-party wallets.
2.3. The STMI token aims to bring any ordinary person closer to enter without bureaucracy in the field of commodities (precious metals) through the process of Tokenization.
2.4. As token adoption and third-party wallet support increases, STMI tokens will be used in daily activities such as paying bills, sending remittances, prepaying bank cards, with the future possibilities being endless.
2.5. The user will provide STMI with all the information and documentation necessary to enable the acceptance of their STMI purchase on the Platform. The user declares himself fully responsible for the information entered on the Stakemine Web Site, through the Registration, Account, Permissions, Passwords and mode of use. Under no circumstances will Stakemine be responsible for the content (information, passwords, etc.) provided by the user.
2.6. The User is civilly and criminally obliged to provide all his data (in an updated and complete form). The User is also aware that the provision of false information or the improper use of third party data in its own name constitutes a crime, and the User is solely and exclusively responsible for responding to the competent authorities and any damages caused, exempting Stakemine from any and all liability, in any capacity.
2.7. Stakemine may, in its sole discretion, request from Users additional documents and information for the purposes of maintaining the Register and which may be reasonably necessary for Stakemine to comply with its legal, regulatory and contractual obligations, including, but not limited to, any anti-money laundering obligations.
2.8. The user declares to be old enough (if he is an individual) to legally obtain the STMI Token, as well as being aware of no other legal reason that prevents him from obtaining it.
2.9. By acquiring STMI Token, the user is aware that he is not making a regulated investment, as this term may be interpreted by the regulator in his jurisdiction.
2.10. The user declares not to obtain or use the STMI Token for any illegal purpose.
2.11. The user waives any right he may have or obtain to participate in a class action or a broad arbitration against any entity or individual involved with the sale of STMI Token.
2.12. The acquisition of STMI Token does not involve purchase or receipt of shares, property or any equivalent in any company, company or other public or private entity, existing or future, in any jurisdiction.
2.13. To the extent permitted by law, the Stakemine Company makes no warranty, express or implied, regarding the future success of the STMI Token.
2.14. The user is responsible for all tax, tax and legal obligations arising from his operations and use of Stakemine’s services. In no event shall Stakemine be liable for any taxes or obligations owned by the User.
2.15. Stakemine may, in its sole discretion, refuse any Registration request and/or suspend/cancel an existing Registration, especially in the event of: (a) disobedience or violation of any provision contained in these Terms; (b) impossibility of verification, incompatibility or inconsistency in the data of the User’s identity or finding of falsity in any of the information provided; (c) the practice by the User of fraudulent, intentional acts or the adoption of any behavior that, at Stakemine’s discretion, is incompatible with the purposes of the Site; (d) other situations at Stakemine’s discretion.
2.16. The User is also aware that if his Registration is suspended or canceled, for any of the reasons provided for in these Terms of Use, all Purchase or Token Sale orders, not yet executed, will be automatically canceled, without any liability being imputed to Stakemine, which will always act for the safety of all Users, including the suspended or cancelled User.
- STMI Token Sale Overview
3.1. STMI Token is a decentralized smart contract of the BEP20 standard BNB SMART CHAIN network.
3.2. Tokens acquired during the pre-sale and private sale may be claimed by the holders for their external wallets.
3.3. Stakemine may impose fees on purchases or redemptions if it deems it necessary to cover trading costs and prevent devaluation of the token. The fee schedule will always be posted on the Stakemine website.
3.4. STMI is a public token and therefore can be used freely by its holders and third parties. People and institutions, such as exchanges, trading platforms and wallets, can make transactions using the token.
3.5. Stakemine is not responsible for any issues arising from third party transactions, as these occur outside of its control.
- Private Sale
4.1. The private sale is scheduled to commence on September 5, 2022.
4.2. During the private sale, willing investors will be able to purchase STMI tokens on the Stakemine platform, taking advantage of lower minimums, referral rewards and discounted rates.
4.3. Tokens acquired in private sale may not be sent to exchanges. This will only be possible after the official launch of the token.
- Launch
5.1. The launch is scheduled for when the STMI Token reaches the value of 1US$, where the tokens will be released to all investors.
5.2. The value of the token on the official launch date will start at US$1 and will change in real time according to supply and demand.
- STMI Token Sale Term
6.1. The private sale of the STMI Token begins on September 5, 2022.
6.2. Stakemine reserves the right to change the dates of sale or extend the duration of the private sale for any reason, including the unavailability of the website or other unforeseen security or procedural issues.
6.3. The general public will be able to see the total number of STMIs tokens sold on the Stakemine Platform. In the spirit of openness, StakeMine constantly updates on the site the number of tokens sold.
- Reference Awards
7.1. Referral prizes will be awarded to token holders who nominate new buyers on the Stakemine Platform. These prizes will be paid in STMI Tokens that can be converted into BUSD.
7.2. These rewards will be issued from funds collected as a percentage of the loading fee.
7.3. Rewards are not limited to quantity and frequency. Every time the referred person buys a token, the referrer will be rewarded.
- Residual Bonus
8.1. Residual bonuses will be paid to ecosystem participants on the daily rewards of the referred users. These bonuses will be paid in STMI Tokens that can be converted into BUSD.
8.2. Bonuses will be issued from funds collected as a percentage of the loading fee.
8.3. Bonuses are not limited to frequency. Every time the said one buys a token, a bonus will be given.
- Staking Services
Stakemine will allow Users who have registered on the Platform to participate in specific Staking Programs.
- When participating in any Staking Program, the user must take into account that:
- (ii) Unless otherwise provided by Stakemine, the Staking modes made available will be free of charge and Users may choose to participate or not;
- (ii) Stakemine does not guarantee income to Users in any Staking mode;
- (iii) Stakemine has the right to start or terminate the Staking Modalities or modify the rules of such Modalities in its sole discretion;
- (iv) Users should pay attention to the rules and requirements of Staking, since they may vary from one asset to another, in particular the “lockup”, “lock” and “settlement” deadlines, as well as the penalty fee applied due to early withdrawals.
- The operations performed by users, once confirmed, cannot be undone/reverted.
Stakemine will use reasonable efforts to ensure that all technology for the provision of the Services is kept in good working order to avoid any interruption or delay in the delivery of the performance of the earnings obtained by the user on the Platform, with the same diligence that it applies in its own negotiations.
- Taxation
10.1. Each user is responsible for all tax, tax and legal obligations arising from their operations on the Stakemine Platform. Under no circumstances shall the company be liable for any taxes or obligations owned by the User.
- Privacy
11.1. Users may be contacted by e-mail by the Company. These emails will be informational only. The Company does not request any information from buyers in an email. See our Privacy Policy available on the website for additional information.
- Safety
12.1. The User declares to be aware that he must take the measures that are necessary to carry out the operations with the greatest possible safety.
12.2. The User must use e-mail from a reliable and secure server, with a strong, reliable password and of his exclusive knowledge, avoiding using the same password for other operations carried out on the internet.
12.3. In addition, any third party that obtains access to such private keys, including by gaining access to Platform login credentials, may be able to misappropriate their STMI tokens. Any errors or defects caused by or otherwise related to the digital wallet or vault you choose to receive and store STMI, including your own failure to properly maintain or use that digital wallet or vault, may also result in the loss of your tokens.
12.4. Preferably, it is recommended that users have an exclusive email address for the use of the Stakemine Platform.
12.5. Stakemine, in turn, uses the most modern security measures in order to ensure the protection of its data and its Users.
12.6. Each user is responsible for storing his/her password/PIN. In case of loss of the same, to carry out the recovery it will be necessary that the user indicates the e-mail registered in the system, as well as forwarding documentation requested by the company, at an opportune time.
12.7. Stakemine may suspend all or part of the services without prior notice to registered users on the occasion of theft of assets by hackers and other methods, as well as in cases of force majeure. In the event that Stakemine, for its convenience, decides to suspend the provision of this service, it will notify registered users in advance.
12.8. Hackers or other malicious groups or organizations may attempt to interfere with the Stakemine Platform in a variety of ways, including, but not limited to, malware attacks, denial-of-service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. In addition, as the platform is based on open source software, there is a risk that a third party or a member of the Company’s team may, intentionally or unintentionally, introduce weaknesses in the main infrastructure of the platform, which could negatively affect the Platform and STMI Token, including its utilities.
12.9. Stakemine assumes no liability for damages caused to registered users based on the Terms specified herein.
- Force Majeure
13.1. Refers to Force Majeure to events that occur beyond the capabilities that may affect the execution of transactions, including but not limited to: (a)Earthquakes, hurricanes, floods, landslides, volcanic eruptions and other natural disasters; (b) War, demonstrations, rioting, terrorism, sabotage, embargo, and a general strike; (c) The Government’s economic policy that directly affects; (d) Over the years Stakemine has been performing its obligations in accordance with the laws and regulations that apply with respect to the occurrence of Force Majeure, so the Company will not indemnify or be liable in any way to any user or any other party for any risk, liability and any claim that may arise in connection with the delay and cannot be implemented due to the obligations of Force Bigger.
- Disclaimer of Warranties
14.1. You agree and acknowledge that Stakemine or any member of the Stakemine team is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, loss of revenue), income or profits, and loss of use or data, arising out of or in connection with any acceptance of or reliance on either the White Paper, as to these Terms and Conditions or any part thereof by you.
- Limitations Disclaimer of Liability
15.1. Stakemine does not or intends to make, and hereby disclaims, any representation, warranty or commitment in any way to any entity or person, including any representation, warranty or undertaking with respect to the truth, accuracy and completeness of any information contained in the White Paper and these Terms and Conditions.
- Severity
16.1. You and the Company agree that if any part of these Terms is found to be illegal or unenforceable, in whole or in part, such provision shall, with respect to such jurisdiction, be ineffective only to the extent of such determination of invalidity or unenforceability without affecting its validity or enforceability in any other way or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
- Problems and restrictions of access to the site
17.1. The services provided by Stakemine will be available exclusively through the Internet, and it is up to the User to use the necessary and appropriate equipment, such as computers, tablets and smartphones with duly licensed programs and applications (including antivirus).
17.2. Access to the Website is subject to drops, interruptions, delays and problems inherent to the use of the Internet, including when it is maintained (temporary unavailability, which will be previously informed on the Website).
17.3. Stakemine shall not be liable for any such interruptions, nor for any problems of access of the User, such as limitation of the equipment or the navigation program. Likewise, Stakemine will not be responsible for any virus that may attack Users’ equipment.
- Risk
18.1. Cryptocurrency trading is a high-risk activity where prices can change significantly over time. Relative to price fluctuations, the equity value may be significantly increased or decreased at any time. All virtual currencies or not, have the potential to drastically change their value or even become meaningless/valueless. There is a high risk of loss as a result of buying, selling or trading in any market. Stakemine is not responsible for changes in the exchange rate variation of the value of cryptocurrencies.
18.2. To the maximum extent permitted by applicable laws, regulations and rules, Stakemine is not liable for any indirect, special, incidental, consequential or other losses of any kind, whether in tort, contract or otherwise (including, but not limited to, loss of revenue, profit or profits, and loss of use or damages), arising out of or in connection with any acceptance of or reliance on these Terms and Conditions.
18.3. As with other decentralized cryptographic tokens, STMI is susceptible to attacks by miners in the course of validating STMI transactions on the Blockchain, including but not limited to double-spend attacks, majoritarian mining power attacks, and selfish mining attacks. Any successful attack poses a risk to the Stakemine Platform and the STMI Token, including but not limited to the accurate execution and recording of transactions involving the STMI.
18.4. The regulatory status of the STMI Token of distributed ledger technology is unclear or unstable in many jurisdictions. It is difficult to predict how or if regulatory agencies might enforce existing regulation with respect to this technology and its applications, including the Stakemine Platform and STMI Token. Similarly, it is difficult to predict how or if legislatures or regulatory agencies might implement changes in law and regulation that affect distributed ledger technology and its applications, including the Platform and the STMI Token. Regulatory actions may adversely impact the Platform and the STMI Token in a number of ways, including, for illustration purposes only, by determining that the purchase, sale and delivery of STMI constitutes illegal activity or that the STMI Token may become a regulated instrument requiring registration or licensing of these instruments or some or all of the parties involved in the purchase, sale and delivery of the same. The Company may cease operations in a jurisdiction in the event that regulatory actions, or changes in law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the regulatory approval(s) necessary to operate in such jurisdiction.
18.5. If secondary trading of Tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. In addition, to the extent that third parties assign an external exchange value to STMI (for example, as denominated in a digital or fiat currency), this value can be extremely volatile.
18.6. Cryptographic tokens, such as STMI, are a new and untested technology. In addition to the risks included in these Terms, there are other risks associated with your purchase, possession and use of the token, including unpredictable risks. Such risks may further materialize as unforeseen variations or combinations of the risks discussed in these Terms.
- Cooperation with legal authorities
19.1. The Company cooperates with all requests, subpoenas or requests from the law, provided that they are fully supported and documented by law in the relevant jurisdictions.
- Indemnification
20.1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Stakemine against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) arising out of or relating to: (a) your purchase and use of STMI Token; (b) your responsibilities or obligations under these Terms; (c) your breach of these Terms; or (d) your violation of any rights of any other person or entity.
20.2. The Company reserves the right to exercise exclusive control over the defense, at its expense, of any claim subject to indemnification under this Section 21. This indemnification is in addition to and not in place of any other indemnities set forth in a written agreement between the user and the Company.
- Language
21.1. Currently, only the English versions of any communication from Stakemine are considered official. The English version shall prevail in the event of differences in translation.
- Governing Law
22.1. The Terms, the arbitration clause contained therein and all non-contractual obligations arising in any way arising out of or relating to these Terms are governed, construed and enforced in accordance with the Laws of the Republic of El Salvador.
- Arbitration
23.1. Any dispute or difference arising out of or relating to these Terms or the legal relationships established by these Terms, including any question relating to their existence, validity or termination (“Dispute”), shall be submitted to and finally resolved by the Jurisdiction of the Courts of El Salvador (department of San Salvador).
- From technical support to the user
24.1. The technical support to the user will be carried out through e-mail, which can be obtained through the Stakemine Platform Website.
- Final provisions
25.1. In the event of non-compliance by the User with any provision of this “Terms and Conditions of Use”, Stakemine may declare it resolved in relation to the User, regardless of any interpellation, notice, notification or other formality, immediately interrupting the User’s access to the Site and its operations, without prejudice to any other rights guaranteed to Stakemine, whether by law or by this “Terms and Conditions of Use”.
25.2. The user declares and acknowledges that the services made available by the Stakemine Platform have been sufficiently described in this “Terms and Conditions of Use”, as well as that Stakemine has duly complied with its duty of information.
25.3. This “Terms and Conditions of Use” does not imply the assignment or transfer to the User of any rights relating to the Site, or to any part of its content or characteristics. Stakemine reserves the right to require, at any time, any and all documentation from the User necessary in order to safeguard the operations carried out by the Site, so the User hereby agrees to provide any and all documents when requested by Stakemine.
25.4. Stakemine is not responsible for the lack of declaration of operations to the competent authorities, especially regarding the information that must be provided by the User in the Income Tax Return. Likewise, Stakemine is not responsible for any collection of taxes, fees and/or contributions that may occur in the operations, as well as possible fines/sanctions that the User may suffer from the competent authorities.
25.5. The User is aware that it is his sole and exclusive responsibility to declare his assets, profits and/or losses, as well as the consequences arising from them.
25.6. The User declares himself responsible, civilly and criminally, for all information and documents involving the operations on the Platform, declaring, also, that the money used for purchases of STMI Tokens, have legal and declared origin, being strictly prohibited the use of the Platform for the practice of crimes such as money laundering and currency evasion, The User may respond civilly and criminally not only to the authorities, but also to Stakemine for any damages and/or losses caused, including to the image of the Company.
25.7. The user acknowledges that, the STMI Token shall not be interpreted, treated or classified as: any type of currency other than cryptocurrency; debentures, shares or shares issued by any person or entity; rights, options or derivatives relating to such debentures, shares or shares; rights under a contract for differences or under any other contract the purpose or purpose of which is to secure a profit or prevent a loss; units in a collective investment scheme; units in a business trust; derivatives of units in a business trust; any other security or class of securities.
25.8. Users are prohibited from modifying or attempting to modify any functionality of the Platform, produce any derivations of the Site or access any part of the Site in order to create a competing product or service, or any product or service that contains ideas, features or functions similar to those of the Stakemine Site.
Last updated date: April 2023.
