Everdust OÜ (“the Company”)

Terms of Use

Effective date: 17.04.2024

Introduction

These Terms of Use constitute a description (hereinafter referred to as the “Terms of Use”) presented by Everdust OÜ, company number 16927064, having its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117 (hereinafter referred to as “we”, “us” and “our”) to a natural person (hereinafter referred to as “you”, “User”, "your") in connection with the process and conditions under which you can enter into a corresponding Token Purchase Agreement to purchase the right to a certain number of DUST Tokens, subject to a relevant Sale Round and individually determined conditions (hereinafter referred to as the “Token Purchase Agreement”).

You confirm that you have read and understood these Terms of Use, our Privacy Policy, Cookie Policy, and other documents published by us on the website https://dust.space/ (hereinafter referred to as the “Website”) before entering into the Token Purchase Agreement.

If you do not agree with these Terms of Use or any other documents published by us on the Website - you are expressly PROHIBITED from entering into the Token Purchase Agreement.

1. The purchase of the right to DUST Tokens

Step 0

To access the Token Purchase Agreement, the User must register an account on the Website. The account is registered free of charge.

The User is allowed to register only one account.

To register the account, the User must provide all the information requested during the registration process on the Website as provided in our Privacy policy. The account will be registered instantly upon completion of the registration process.

Step 1

The User can enter into the corresponding Token Purchase Agreement by determining the number of Tokens the User wants to purchase the right to with a certain number of USDT tokens.

The User selects the number of Tokens according to existing conditions represented on the Website.

After determining the number of Tokens, the User reserves the Tokens and has 120 minutes to enter into the corresponding Token Purchase Agreement.

Step 2

To purchase the right to the reserved number of the Tokens, the User must use an ERC-20 digital wallet and its private key to verify the presence of the required number of USDT tokens.

Step 3

The User must complete the AML/KYC verification, which involves submitting a Face Scan, an identity document, and proof of address confirmation.

We use the services of Synaps and SumSub to verify and authenticate the Users. To understand how they provide their services and process data, please visit their websites:

Upon the successful AML/KYC verification, the User can proceed with Step 4.

Upon the AML/KYC verification failure, the User can try to commit the required actions to complete the verification or stop accessing the Token Purchase Agreement. Failure to complete the verification prohibits the User from further proceeding with Step 4.

Step 4

The User is presented with a Memorandum containing a description of the Tokens.

Step 5

The User accesses the corresponding Token Purchase Agreement, which contains individually determined conditions for purchasing the right to the determined number of the Tokens.

If the User understands and accepts the conditions of the corresponding Token Purchase Agreement, the User proceeds with signing as provided in Step 6.

Step 6

The User signs the corresponding Token Purchase Agreement electronically and is considered to be signed from this moment.

Step 7

The User proceeds with the payment under the corresponding Token Purchase Agreement by utilising the ERC-20 digital wallet and its private key.

The User guarantees that all payment details provided are true, accurate, and complete. We are not liable for any mis-payment resulting from the User providing incorrect payment information or using an unauthorised payment method.

We use the services of Chainalysis to verify and authenticate payment transactions. To understand how Chainalysis provides its services and processes data, please visit the website: https://www.chainalysis.com/.

Upon successful payment, the User receives the right to the determined number of Tokens under the terms of the corresponding Token Purchase Agreement.

2. No Financial Advice

We do not recommend acquiring, selling, or owning cryptocurrency or the Tokens. The User should do his or her own due diligence and consult with financial advisors.

Communication or information provided to the User is not intended to be, and should not be construed or construed as, investment, financial, trading, or any other advice.

3. Eligibility

The User must meet the requirements outlined in the Terms of Use and the corresponding Token Purchase Agreement to access and utilise the Token Purchase Agreement.

If the User doesn't meet the requirements outlined in the Terms of Use and the corresponding Token Purchase Agreement, the User cannot benefit from it.

If the User becomes ineligible, he or she must let us know immediately.

If the User lies about eligibility, the User may lose the right to participate in and benefit from the corresponding Token Purchase Agreement.

4. Representations and Warranties

The Token Purchase Agreement is intended to be marketed and offered only in those jurisdictions and to those Users where and to whom it lawfully may be offered.

We may engage contractors, subcontractors, partners and other third parties to perform the execution of Token Purchase Agreement without additional approval from the User.

We can distribute any advertisement or promotion in relation to the Token Purchase Agreement and/or Token as we may deem necessary.

The User represents and warrants that he or she:

has sufficient knowledge and experience in financial and business matters and is capable of evaluating the merits and risks in relation to the Token Purchase Agreement;
understands, acknowledges and agrees that such knowledge allows to appreciate the implications and risks of the Token Purchase Agreement;
performed necessary investigations and due diligence in regard to the documents and information in connection with the Token Purchase Agreement;
has sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrency, digital wallets and other cryptocurrency storage mechanisms, public and private key management, blockchain technology, and blockchain-based software systems to understand the terms of the Terms of Use and the corresponding Token Purchase Agreement;
bears sole responsibility for any taxes as a result of the matters and transactions that are the subject of the Token Purchase Agreement and any future acquisition, ownership, use, sale, or other disposition of the Tokens;
will not use the Token Purchase Agreement to engage in discriminatory, harassing, defamatory, obscene, offensive, or otherwise objectionable behaviour and activities, whether in person, in writing, or online.
will not sell, trade, rent, or lease the account to any other person or entity.
is not a citizen or a permanent resident of the following jurisdictions, unrecognised and/or partly recognised territories and/or states (hereinafter the “the Prohibited Jurisdictions”):
- Afghanistan;
- Belarus;
- Burundi;
- Congo;
- Crimea;
- Cuba;
- Eritrea;
- Guatemala;
- Guinea;
- Haiti;
- Iran;
- Iraq;
- Lebanon;
- Liberia;
- Mali;
- Myanmar;
- Nicaragua;
- Niger;
- Palestine;
- Russian-occupied Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine;
- Somalia;
- South Sudan;
- Syria;
- The Central African Republic;
- The North Korea;
- The Pridnestrovian Moldovan Republic;
- the Republic of Abkhazia;
- the Republic of South Ossetia
- The Russian Federation;
- The USA;
- Venezuela;
- Yemen;
- Zimbabwe;
does not act on behalf of a citizen or a permanent resident of the Prohibited Jurisdictions;
is not under 18 years of age and is not considered a minor under the laws of the state, region, and territory where he or she is a citizen or a resident.

5. Intellectual Property

All the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (hereinafter referred to as the "Content"), is owned by us, or our licensors, agents, or the party credited as the owner of the Content.

All elements of the Website, including, without limitation, the Website general design, trademarks, service marks, trade names (including the name, logos, the Website name, and the Website design), and other Content, are protected by copyright, moral rights, trademark, and other laws relating to intellectual property rights.

The Website, Content, and all related rights are our exclusive or our licensors' property.

6. Contact Information

For more information about these Terms of Use or the Token Purchase Agreement, the User may contact us through support@dust.space.