Last modified: October 2, 2023
1.1 These Terms of Service (hereinafter referred to as "Terms") govern the use and conditions of the website located at https://ergopad.io (hereinafter referred to as the "Website") and the services provided by Benevolent SA de CV (hereinafter referred to as the "Company" or "We" or "Us"), a corporation registered in El Salvador. These Terms constitute a binding and enforceable legal contract between the Company and its affiliates and subsidiaries worldwide, and you, an end user of the Services (hereinafter referred to as "You" or "User") in relation to the Services. By accessing, registering, using, or clicking on the Services and information made available by the Company via the Website or by agreeing to use the Services to deploy your token project, you hereby accept and agree to all the Terms set forth herein. If you do not agree to these Terms, you may not access or use the Website and the Services.
"Affiliate" means, in relation to a person, any company or other entity, whether or not with legal personality, which directly or indirectly controls, is controlled by, or is under joint control with that person.
"Applicable Laws" refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies relevant to a certain party.
"Company" refers to Benevolent SA de CV.
"Platform" refers to Ergopad, the online platform operated by the Company. This may also be referred to interchangeably as Interface or Website.
"Project" refers to any Project launched on the Platform.
"Services" refers to the features, functionalities, and offerings provided by the Company through the Website. These may include but are not limited to access to the online platform, the exchange of cryptocurrencies or tokens, participation in token sales or staking activities, access to information, using the launchpad to deploy your token project, and any other services made available by the Company through the Website.
"Tokens" refers to Ergopad Tokens and any other Project Tokens available on the Platform.
"User(s)" refers to individuals or entities accessing and using the Services provided via the Platform.
"Website" refers to the website associated with the Platform.
"Interface" refers to any interface used to access the Services associated with the Platform, including the Website.
3.1 Contractual Relationship: These Terms constitute a valid and binding agreement between You and the Company. The binding obligations stipulated in these Terms are enforceable. To access or use the Platform, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Platform.
3.2 Revision and Amendments: The Company reserves the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. You are advised to check these Terms periodically to ensure that you are cognizant of the current versions and comply with them.
3.4 Links to and from the Website: You may gain access from the Website to third-party services operated or made available by persons other than us ("Third-Party Services"). Such hyperlinks are provided for your convenience, and the Company has no control over the content of these sites or resources. The Company accepts no responsibility for them or for any loss or damage that may arise from your use of them.
3.5 Disclaimer for Accessibility of the Website and the Services: The Website and the Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranty or representation regarding the accuracy, completeness, or timeliness of the information provided on the platform. Users accept that any reliance on such information is at their own risk. Additionally, the platform may occasionally be unavailable due to maintenance or other reasons. The Company will endeavor to schedule maintenance during off-peak hours and provide users with advance notice whenever possible. However, unplanned outages or emergency maintenance may occur, and the Company will not be liable for any inconvenience or loss resulting from such outages.
3.6 Governing Law and Jurisdiction: These Terms and your use of the Website and the Services shall be governed by and construed in accordance with the laws of El Salvador. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of El Salvador.
3.7 Eligibility: As a user of the Platform, you declare and guarantee that you are not presently subjected to any economic or trade sanctions enforced by any governmental authority or organization, nor are you listed as a prohibited or restricted party, including listings maintained by the United Nations. Furthermore, you affirm and guarantee that you are not a citizen, resident, or organized in a jurisdiction or territory that is currently under comprehensive country-wide, territory-wide, or regional economic sanctions imposed by the United Nations. You further represent and warrant that your access and use of the Platform will comply with all applicable laws and regulations, and that you will not use the Platform to conduct, promote, or facilitate any illegal activity. This includes but not limited to money laundering, terrorist financing, fraud, or any other illegal activities.
4.1 By accessing the Website or using the Company Services, you acknowledge and assume the following risks:
Risk of Loss in Value: Tokens and digital currencies lack backing by central banks or hard assets, and their value is influenced by various factors, including market conditions and regulatory measures. This volatility may lead to partial or total loss of the Tokens' value. No guarantees are provided regarding liquidity or market price.
Regulatory Regime: The regulatory framework for tokens and digital currencies is subject to revision and may materially affect Token value or User access to wallets and blockchains.
Technical and System Failures: The Website and associated blockchain infrastructure may experience system failures, interruptions, defects, security breaches, or other causes beyond the Company's control. Hacks, cyber-attacks, and other incidents may occur without timely detection, potentially impacting the security and stability of the Company's network and services.
5.1 User Obligations: By using the Website and the Services, you agree to comply with all applicable laws and regulations. You shall not engage in any activity that is illegal, unethical, or violates these Terms. Prohibited activities include but are not limited to:
Engaging in any form of market manipulation or fraudulent activities.
Attempting to gain unauthorized access to the platform or other users' accounts.
Introducing malware, viruses, or any other harmful code that may disrupt or compromise the platform's security.
Engaging in any illegal activities or violating applicable laws and regulations.
5.2 Account Registration: In order to access certain features or Services on the Website, you may be required to create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5.3 Intellectual Property: The Company grants you a limited, non-exclusive, non-transferable license to access and use the intellectual property owned or licensed by the Company solely for the purpose of using the Platform and its Services. You shall not reproduce, modify, distribute, or exploit the Company's intellectual property without prior written consent.
5.4 Limitation of Liability: Notwithstanding any provisions within these Terms, in no event will the Company, its partners, affiliates, employees, agents, officers, or directors be liable to you for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, arising out of or in connection with your use of the Website, the Services, or any other items obtained through the Website.
5.5 Indemnification: You agree to indemnify and hold harmless the Company, its affiliates, licensors, shareholders, officers, directors, managers, employees, and agents from any losses, claims, actions, damages, demands, liabilities, costs, and expenses arising out of or related to your use or participation in the Services.
5.6 No Financial and Legal Advice: The Company is not your broker, intermediary, agent, or legal advisor. No communication or information provided by the Company shall be considered as investment advice, financial advice, or legal advice. You should consult independent professionals before executing any transactions or investments.
5.7 Dispute Resolution: Any dispute arising out of or in connection with these Terms shall initially be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty (30) days, either party may propose to resolve the dispute through binding arbitration. The arbitration shall be conducted in El Salvador, in accordance with the rules of a recognized arbitration institution mutually agreed upon by the parties. If the parties cannot agree on an arbitration institution, the arbitration shall be conducted under the rules of the International Chamber of Commerce. Any dispute not resolved through negotiation or arbitration shall be subject to the exclusive jurisdiction of the courts of El Salvador.
5.8 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
5.9 Suspension or Termination of Services: The Company reserves the right to suspend or terminate your access to the services without prior notice if you engage in any prohibited activities, violate the terms of service, or if your continued use poses a risk to the platform or other users. In the event of termination, users are responsible for retrieving their tokens from the staking platform. While the code is open source, and the staking platform is deployed via smart contracts on the Ergo blockchain, users will need to determine the appropriate steps to retrieve their tokens and unlock any outstanding vested tokens. The Company will not be responsible for any loss, inconvenience, or challenges faced by users in this regard.
5.10 Modification of Services: The Company reserves the right to modify, update, or discontinue certain features or functionalities of the platform at any time without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services.
5.11.1 Platform Role: The Platform serves as an intermediary facilitating token sales between third-party companies ("Issuers") and Users. The Company does not issue tokens directly and does not take responsibility for the creation, listing, or management of tokens. If the Company takes part in those activities, it is solely on the behalf of token Issuers and/or Projects launching through the Platform.
5.11.2 Issuer Responsibility: Issuers utilizing the platform to launch their tokens are solely responsible for the tokens they issue, including their legality, functionality, and associated claims. The Company does not endorse, verify, or validate any Issuer or their token offerings.
5.11.3 User Responsibility: Users are responsible for performing their own research and due diligence before participating in any token sale facilitated by the Platform. Engaging in any such sales is at the User's own risk.
5.12 Fees: The Platform may charge users minor fees during certain transactions, such as staking. As of the last update of this document, the fee for staking is 0.26 erg. These fees are subject to change, and users will not be notified of any adjustments. Fees will be clearly visible in any blockchain transaction initiated while using the Platform. All fees are non-refundable and are used to support the maintenance and operations of the Platform.
6.1 The Company shall not be liable for any failure or delay in the performance of its obligations under these terms resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, or technical malfunctions.
7.1 These terms constitute the entire agreement between you and the Company regarding your use of the platform and supersede any prior agreements or understandings.