Welcome to meloot token Terms of Use!

Meloot token website is operated by meloot d.o.o., Capraska Ulica 12, 44000 Sisak, Croatia 

Meloot token (LADA) is operated by Meloot DAO

By accessing, downloading, using or attempting to use meloot, you enter into a legally binding contract with meloot (and some of our service providers) and you agree to these meloot Terms of Use, Privacy Policy, Cookie Policy, any documents and any linked terms in the Terms of Use.

This document contains the following terms:

• MELOOT TERMS OF USE which govern your contractual relationship with meloot while using the Platform

Even though the essential features are free of charge, some may entail an obligation to pay. Therefore, please pay attention to these Terms of Use and other information displayed on Meloot.

These Terms of Use apply to the rights and obligations relating to the purchase of products or services through Meloot and the rights and obligations arising from the conclusion of the Distance Selling Agreement (hereinafter: the Agreement) between the consumer as the end customer and Meloot i.e. meloot, are considered an integral part of such contracts in relation to the terms and manner of ordering products or services, product or service prices, methods of payment, warranties, complaints and returns, delivery, protection of personal data and other issues related to the use of Meloot.

Some parts of the Terms of Use will be in full effect only after the official Meloot App official launch, which is expected to occur in Q3 2022.

All the terms are important and together create this Agreement that applies to you. If you find anything in this text that you do not agree with, please:

• Do not use Meloot or part thereof
• Do not use the option “referral program”
• Do not download Meloot App
• If you have already created a User account, stop using the Platform immediately and/or delete your User account.

Your consent to these Terms of Use further represents, warrants and certifies that the information provided by you during the application process for opening a User account is true and complete to the best of your knowledge.

Meloot Terms of Use

1. DEFINITIONS

2. CONSENT AND THE SERVICE

3. AGREEMENT AMENDMENTS

4. ELECTRONIC COMMUNICATIONS

5. INTELLECTUAL PROPERTY

6. ACCEPTABLE USE

7. USER CONTENT AND USER DATA

8. MELOOT REFERRAL PROGRAMS AND LADA tokens

9. DISCLAIMER OF WARRANTIES

10. LIMITATION AND EXCLUSION OF LIABILITY

11. INDEMNIFICATION

12. TERMINATION

13. SEVERABILITY

14. NOTICES

15. NO WAIVER

16. LINKS TO THIRD-PARTY WEBSITES

17. TOKEN SALE KYC

18. JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION

19. NO CLASS ACTION

20. ENTIRE AGREEMENT

21. COMMENTS AND SUGGESTIONS

1. DEFINITIONS

When we say “Agreement“ we mean the contract comprising these Meloot Terms of Use (as amended from time to time under Section 4), Privacy Policy, Cookie Policy and any terms linked in this document, as well as any other information on the Platform mentioned in this document.

When we say “AML/CTF“ we mean the applicable Anti-Money Laundering / Combating the Financing of Terrorism regulations and requirements.

When we say “Content“ we mean all Meloot’s features and technical resources available to Users, including but not limited to information, data, text, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible on or through the Platform.

When we say “Enterprise“ we mean a User of Meloot which is a legal entity.

When we say “Intellectual Property Rights“ we mean any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or another intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.

When we say “KYC“ we mean due diligence on the User (known as Know Your Customer) check carried out in accordance with AML/CTF.

When we say “Party“ or “Parties“ we refer to meloot and/or User.

When we say “Privacy Policy“ we refer to meloot personal data protection policy available here

When we say “meloot“, “we“ or “us“ we are referring to meloot

When we say “Meloot“ or “Platform“ we refer to the Website, Software, and Meloot Services collectively.

When we say “Meloot Services“ we mean Meloot App, LADA token, Meloot, and other services described on the Platform. Some of the Meloot Services will be available after the effective date of the Terms, as further explained on the Website.

When we say “Meloot App“ we mean making the Software available by meloot in any version in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools enabling Users to publish, verify or manage their content with the Meloot system.

When we say “Software“ we refer to all the mobile apps and desktop apps, their updates, upgrades, enhancements, modifications, extensions, new features and possible replacements provided by meloot, now existing or later developed, and other programs and tools, developed in conjunction therewith.

When we say “Subscription Plans“ we mean Meloot App plans, as described here.

When we say “Terms of Use“ or “TOU“ we mean the rules set out in this document.

When we say “User“, “You“ or “you“ we refer to any person or entity, other than meloot, that uses, downloads, accesses or attempts to access Platform or any Meloot Service.

When we say “User Content“ we mean any content provided by the User to the Platform or Meloot community or social media including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.

When we say “User Data“ we mean data in electronic form input or collected through the Software or Platform by or from any User (in the broadest possible interpretation of the term), including without limitation personal data (as defined in Privacy Policy).

When we say “Website“ we mean the website located at https://meloot.com/, as well as the related mobile apps and desktop apps collectively or each of them individually.

Defined words can be recognized throughout this document by the capitalized first letter.

Titles and headings provided in these TOU are for convenience and ease of access only and they will not affect the interpretation of the TOU.

If you have any questions regarding the Terms or Privacy Policy, you may contact us via the contact form or via the following e-mail: info@meloot.com

WHO CAN USE MELOOT?

User Restrictions

Meloot is solely intended for those who have full legal capability.

If you are a natural person, you need to be at the age of majority (legal age) to be able to use Meloot and fully competent to enter into legally binding agreements. Legal age depends on the national legislation applicable to the User (probably you need to be 18 years old, depending on the national legislation applicable to the User and Meloot reserves the right to decline any User for which Meloot determines or suspects is not of the age of majority to be able to use Meloot). By using Meloot, you represent that you are of legal age. If you are not at the required age, please stop using the Meloot immediately.

If you are an individual User, or are accessing the Meloot Services or Software, or are otherwise browsing the Website, this Agreement is between you, individually, and meloot

If you enter this Agreement on behalf of Enterprise, you warrant that:

(1) You have the full legal authority to bind the Enterprise to Agreement;

(2) You have read and understood the Agreement;

(3) You represent that you have the Enterprise’s permission and authority to use the Enterprise’s User Content;

(4) You agree to the Agreement on behalf of the Enterprise that you represent.

Please note that, if you subscribe for a certain Paid Plan by using an email address from the Enterprise, you will be deemed to represent such Party and the word “User“ or “you“ in this Agreement will refer to such Enterprise.

The Enterprise and the authorized Users of the Enterprise are jointly responsible for the authorized User’s use of the Platform or part thereof. Any violation of the Agreement by any of the authorized Users shall be deemed to be a violation thereof by the Enterprise and by the authorized User of the Enterprise.

Territorial Restrictions

Considering the nature of the Platform, Meloot is available worldwide, with the exception of countries restricted from participating in the LADA token sale as described under Chapter 17. (“Territory“).

The Platform or some of its parts may be accessed globally (for example, sign up) and we may not control who uses the Platform.

By opening a User account you represent and warrant to us that the opening of the User account does not violate any laws or regulations applicable to you.

Identity Authentication

You authorize meloot, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

• asking you for further information, such as your date of birth, your taxpayer or national identification number, proof of your physical address and other information that will allow us to reasonably identify you;
• requiring you to take steps to confirm ownership of your email address or financial instruments;
• verifying your information against third party databases or through other sources; or
• requiring you to provide further documentation, such as your driver’s license or other identifying documents at any time.

By using Meloot, you agree to:

1. a) use Meloot exclusively for inquiries and legally valid orders;
2. b) not execute erroneous or false orders. If we justifiably believe that such an order has been executed, we are authorized to cancel it and notify the competent institutions, and the consequences are borne by the User;
3. c) provide us with accurate and true information about your e-mail address, postal address and / or contact details as well as any other information we need for the purpose of identity authentication.

AML/CTF may require that meloot verify certain identifying information. meloot reserves the right to close, suspend, or limit access to your User account and/or the Meloot Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

2. CONSENT AND THE SERVICE

User shall be bound by this Agreement in any of the following situations, whichever occurs first:

(1) Upon creating a User account.

(2) Downloading the Software as mobile app and accepting these TOU

(3) If User agrees to or is deemed to have agreed to the Agreement. Any use, access or attempt to use or attempt to access the Platform shall be considered deemed to agree

(4) If the User makes the payment for the Meloot

(5) If the User takes participation in any Meloot Service (for example, Meloot Referral Program).

You acknowledge that meloot may modify the features and functionality of the Platform or part thereof during the Term of the Agreement. meloot shall provide you with commercially reasonable advance notice of any significant deprecation of any material feature or functionality.

The full list and description of Meloot Services are available on the Website and the User must check the Content for up-to-date information.

We will make the Meloot Services available to you under this Agreement. We will use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, except (a) during planned downtime (of which we will give advance notice), (b) for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event, (c) internet problems outside our control, (v) bugs in code, hardware or Services without a commercially known fix. Specific Users may experience an inability to use the Platform because of the suspension or termination of their User account. Nevertheless, we cannot guarantee that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

3. AGREEMENT AMENDMENTS

The full list and description of Meloot Services are available on the Website and the User must check the Content for up-to-date information.

If you use Meloot, you are cautioned to review the Terms of Use periodically. Any changes shall enter into force upon being published on the Website and/or after at least 10 days after you have received a notification from us via email on your User account. Your continued access or use after any such change will constitute your acceptance of these changes. If you do not agree to the new terms of the Agreement, and you have not subscribed to a paid Subscription plan, you will not be able to use Meloot further. For Users subscribed to a paid Subscription plan, the existing Agreement will continue to be valid until the expiration of the then-current billing term (for example, until the expiry of the month for which the User has already made payment).

meloot reserves the right to change any of its third-party service providers, with or without notice, that we, in our sole discretion, deem to be reasonable under the circumstances. You agree to cooperate with meloot, Technical Service Provider and any other service provider as reasonably required to perform services for which it is responsible.

4. ELECTRONIC COMMUNICATIONS

By accepting these TOU, you agree to this electronic contract. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.

Please note that notifications about any amendment of TOU by Section 3 (Agreement Amendments) or any material change to the Meloot Services or the Agreement we will send as stipulated in Section 14 (Notices).

We have a legal obligation to inform you about the change of the terms so you can decide whether to continue using Meloot Services. Such correspondence does not constitute marketing or promotional emails, and you cannot unsubscribe from receiving such notifications. If you do not wish to receive such notifications, you need to terminate the Agreement by deleting your User account.

5. INTELLECTUAL PROPERTY

Unless otherwise indicated in the Agreement, the Platform and the entire Content (including but not limited to the source code, Website and Meloot App “look and feel”, Website copy, images, graphic elements, user interface, audio and video clips, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by Intellectual Property Rights of meloot or its affiliates, agents or licensors, as applicable.

Users have only the rights specified under this Section of the Agreement. Users may not acquire any other Intellectual Property Rights under this Agreement. No ownership right may be conveyed to any User, irrespective of the use of terms such as “purchase“ or “sale“ in TOU or anywhere on the Platform.

Any unauthorized use of the Platform and Content and/or any part of it, without our permission, shall be deemed an infringement of Intellectual Property Rights. meloot will take all legal remedies to protect its Intellectual Property Rights immediately upon the knowledge of such unauthorized use.

Any copying of Content or downloading Content in part or whole is permitted only by written consent from meloot.

meloot also reserves all Intellectual Property Rights not expressly granted in this Agreement.

If you believe that any material on this Website or Meloot Service, including any material posted by members, violates your copyright, please notify us at info@meloot.com. Meloot team will respond to all copyright infringement notices that it receives without undue delay.

If you are a natural person using Meloot, in consideration of your acceptance of this Agreement and your payment of all applicable fees (if any), meloot grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable authorization to access and use the Meloot Services for your personal purposes under the Agreement and any other instructions on the Platform.

If you are an Enterprise using Meloot, in consideration of your acceptance to this Agreement and your payment of all applicable fees (if any), meloot grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable authorization to access and make use of the Meloot Services solely for your internal business purposes, under the Agreement and any other instructions on the Platform.

If you are using Meloot Software such as API or other software application, that you have downloaded through a web or mobile platform, meloot grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Meloot Software in accordance with the documentation accompanying such Software and all its updates, upgrades and new versions.

Any other use of the Platform, Software or the Meloot Services, not specifically mentioned in this Agreement, by any User, is forbidden. For example, you may not:

• publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the Software, Website, Meloot Services or any portion(s) of the foregoing;
• distribute, transmit, publish or otherwise disseminate the Software, Website, Meloot Services or any portion(s) of the foregoing;
• attempt to access or derive the source code or architecture of the Software or work around any technical restrictions or limitations in the Software;
• reverse engineer, decompile, or disassemble the Software, or attempt to do so;
• when using internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner;
• attempt to probe, scan or test the vulnerability of the Website, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures, and, if you are blocked by meloot from accessing the Platform or Meloot Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

Failure to comply with this article is considered an offense defined by applicable regulations. We will report any kind of non-compliance with this regulation to the appropriate authorities and will work with them to establish the identity of the attacker. Also, in the event of non-compliance with this article, we will revoke your authorization to use Meloot services.

We will not be liable for any loss or damage caused by denial of service, viruses or any other software or technological damage or harmful materials that may affect your computer, IT equipment, data or materials as a result of using Meloot or downloading content from Meloot or other providers to which Meloot redirects you.

Also, if Meloot contains links to other websites and third party materials, those links are for informational purposes only and we have no control over the content of those websites or materials. Therefore, we do not assume any responsibility for any loss or damage resulting from their use.

For the purpose of clarity, Users may not obtain access to source code under the Agreement and should not attempt to do so.

6. ACCEPTABLE USE

To use Meloot (including participation in Meloot community and social media), each User must comply with these rules of acceptable use:

• The User must provide complete information for registration purposes.
• User must provide accurate and up-to-date information. The User has to use accurate contact information. Using false identity is strongly prohibited.
• User will prevent any other person from using that User’s account. Use of the User account by more people is prohibited.
• User may have only one User account.
• User must maintain the security of the account and password, and share it solely with the authorized persons. User is responsible and liable for any use of Meloot through User’s account, whether authorized or unauthorized. meloot cannot be held liable for any loss, damages or expenses incurred due to the User’s failure to comply with this obligation. User will be liable for all losses, damages, liability and expenses incurred by meloot or a third party as a consequence of authorized use of the account. If you become aware of any unauthorized use of your account on Meloot, you need to immediately notify us by sending an email to info@meloot.com.
• User will not engage in activity that violates the privacy of others, or any misuse or unlawful processing of personal data, nor will publicly display or use Meloot to share inappropriate content or material. The User may not violate any applicable law or regulations in connection with your use of Meloot.
• User will not access the Meloot Services or the Software to build a competitive product or service, to build a product using similar ideas, features, functions or graphics, or to copy any ideas, features, functions or graphics.
• User will not engage in web scraping or data scraping on or related to the Software or the Platform, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
• User will not automate access to the Website or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices.
• Users are fully responsible for all the activities that occur under their User accounts.
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6.1. Prohibited Activity

• You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
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• Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
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• Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
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• Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
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• Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as “rug pulls”, pumping and dumping, and wash trading.
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• Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
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• Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
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• Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products.
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• Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable.
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• Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of Croatia or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by law.
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6.2 Trading

• You agree and understand that: (a) all trades you submit through any of our Products are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.
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6.3 Non-Custodial and No Fiduciary Duties

• Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet  and make no representations or warranties regarding how any of our Products will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet  being compromised.  For the avoidance of doubt, any references herein to a “wallet” shall include the Uniswap Wallet.
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• This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
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7. USER CONTENT AND USER DATA

Users are solely responsible for all User Data and User Content.

meloot will have no responsibility or liability for the accuracy of data uploaded to the Software by User, including without limitation User Data and any other data uploaded by Users.

By accepting this Agreement, each User warrants represents and covenants that the User owns or has a valid and enforceable license to use all User Content. User Content will not infringe, misappropriate or violate the rights of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. The User remains the owner of User Content and User Data under the Agreement.

Nevertheless, by posting User Content on Platform or Meloot Community, you grant to meloot a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use User Content and associated Intellectual Property Rights in any way in any media know now or in the future. You agree to waive moral rights and promise not to assert such rights against meloot.

You are also prohibited from providing false information on Meloot Community. If you find that there is information on your profile that is no longer accurate, it is your responsibility to edit it or alert meloot.

meloot reserves the right to refuse, limit or cancel the Meloot Service to a User, terminate User accounts, or remove or edit User Content at its sole discretion. Therefore, when investigating alleged violations of this Agreement, meloot reserves the right to review your User Content to resolve the issue (such as to prevent harmful or illegal activity). meloot may also access the User Content when providing technical support or when performing other legal obligations under this Agreement.

Nevertheless, meloot has no obligation to monitor User Content (and will make no attempt to do so) and has no obligation to remove any User Content.

meloot cannot be held responsible for any loss, damage, expense or other harmful consequences to any User resulting from User Content.

In the event that meloot becomes aware of the illegal User Content, activities that infringe anyone’s Intellectual Property Rights or personal data or any other right, or activities that infringe the Agreement, meloot may, in its sole discretion, disable, close, temporarily or permanently limit access to any User account without any notice. meloot may not be liable for any loss, damages or undesirable consequences resulting from such action.

meloot may permanently erase User Data if the User account is delinquent, suspended, or terminated for 30 (thirty) days or more.

User may not assign, impose or in any other way transfer the Agreement or any of the rights or obligations arising from it without first obtaining our written consent for such transfer.

Meloot reserves the right to assign, impose, subcontract or in any other way transfer the Agreement or any of the rights or obligations arising therefrom, at any time during the term of the Agreement. For the avoidance of doubt, such transfers, assignments or other transfers will not affect the rights granted to User, as appropriate, by law, nor will they reduce or in any way limit the express and implied warranty we have given the User.

8. LADA tokens

LADA token is a native token on the Cardano network (blockchain) issued by meloot DAO, that is in charge of LADA.

With LADA tokens, we strive to introduce Users to the crypto-market in general and to help them earn benefits correlated to crypto-currencies such as to easily transfer and/or sell digital assets to others.

9. DISCLAIMER OF WARRANTIES

Your use of Meloot is at your sole risk. The service is provided on an “as is“ and “as available“ basis.

Any warranty of meloot regarding the Platform (or part thereof) not expressly stated herein shall be deemed withheld. meloot disclaims, to the fullest extent permitted under the applicable law, all statutory warranties and course of performance, course of dealing and usage related to Users’ expectations.

User is solely responsible for any damage User may suffer resulting from the use of the Platform and any Meloot Service. No oral or written information or advice is given by meloot or its authorized representatives shall create a warranty or in any way increase the scope of meloot’s obligations.

Without prejudice to the generality of the previous provisions, meloot does not warrant that:

• any Meloot Service will meet the User’s specific requirements nor that it will be “fit for purpose“,
• the Platform and Meloot Service will be uninterrupted, timely, secure, error-free or of satisfactory quality,
• the results that may be obtained from the use of the Service will be accurate or reliable,
• any errors in the Meloot Service will be corrected.

meloot and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Meloot Service, Platform, and Token.

10. LIMITATION AND EXCLUSION OF LIABILITY

To the maximum extent permitted by the applicable law, meloot and/or its suppliers, employees and representatives shall be liable in no event for:

(1) any loss, damage, expense or other harmful consequences resulting from anyone’s use or inability to use Meloot;

(2) any installation, implementation, customization or modification of the Software not carried out by meloot;

(3) any failure to apply available update, service pack, fix or upgrade that would have avoided the harmful event;

(4) any unauthorized access to the User Content;

(5) any unauthorized use of any User’s credentials.

To the maximum extent permitted by applicable law, in no event shall meloot and/or its suppliers, employees and representatives be liable for: any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:

• with the use or performance of Meloot,
• with the delay or inability to use Meloot and any Meloot Service, including the provision of or failure to provide Meloot Services
• User’s or third-party fraud
• any transaction which results in a negative balance on a User’s account.

If any of the foregoing limitations are deemed unenforceable or in the event any liability of meloot is established, to the greatest extent permitted by law, You agree that the entire aggregate liability of meloot and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Platform or the Meloot Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that User during the twelve months prior to notice to meloot of the dispute for which the remedy is sought. If the User had no obligation to make such payment during such a period, monetary damages that in the aggregate may not exceed the sum of 100 EUR (hundred euro).

You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and meloot You understand that the Platform and Meloot Services would not be provided without such limitations.

Some countries do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights. Nevertheless, if any portion of these sections is held to be invalid under the applicable law, the invalidity of such portions shall not affect the validity of the remaining portions of the applicable sections.

Section 10 does not exclude mandatory liability for:

• (a) Wilful breach by meloot of any of its obligations;
• (b) Death or personal injury caused by a defective item produced by meloot

Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or executive authority, war, civil unrest, the act of terror, strike, non-trivial cyber attack, failure of a third-party hosting, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party’s performance. For the avoidance of doubt, the provisions of this section:

• are not intended to derogate from, or limit the application of, any statutory limitation or exclusion of liability;
• shall not be construed to limit the amount of, or excuse User from paying, any fee or other consideration owed hereunder.

11. INDEMNIFICATION

You agree to indemnify and hold meloot harmless from any and all demands, losses, liability, claims or expenses (including attorneys’ fees) made against meloot by any third party due to or arising out of or in connection with your use of Meloot and the Services including but not limited to:

• your use of the Platform or part thereof in violation of this Agreement, in violation of an agreement with the third party and/or any applicable law;
• any third-party claim of infringement of copyright or other Intellectual Property Rights or invasion of privacy arising from hosting User Content, and/or your making available thereof to other Users, and/or the actual use of your User Content by other Users or related services under the Agreement;
• any activity related to a User account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of meloot.

12. TERMINATION

This Agreement shall continue until either:

• if you request for your User account to be deactivated and deleted;
• terminated by meloot

12.1. TERMINATION BY USER

The User of Meloot may terminate this Agreement by closing the User account.

THE RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT

Pursuant to Article 79 of the Consumer Protection Act, the User is not entitled to unilateral termination of the Agreement if:

– the service contract is fully fulfilled by the trader, and the fulfillment began with the explicit prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section if the service is fully fulfilled

– the subject of a contract for goods or services the price of which depends on changes in the financial market which are beyond the influence of the trader and which may occur during the term of the consumer’s right to unilaterally terminate the contract

– the subject of the contract is goods which are made to the consumer’s specification or which are clearly adapted to the consumer

– the subject of the contract is perishable goods or goods which are rapidly expiring

– the subject of the contract is sealed goods which, due to health or hygiene reasons, are not suitable for return, if they were unsealed after delivery

– the subject of the contract is goods which, due to their nature, are inseparably mixed with other things after delivery

– the subject of the contract is the delivery of alcoholic beverages whose price was agreed at the time of concluding the contract, and delivery may follow only after 30 days, if the price is dependent on changes in the market that are beyond the influence of the trader

– the consumer specifically requests a visit from the trader for urgent repairs or maintenance work, provided that during such a visit, in addition to those services that the consumer has explicitly requested, the trader provides other services, or delivers other goods than those necessary for performing urgent repairs or maintenance work, the consumer has the right to unilaterally terminate the contract in relation to these additional services or goods

– the subject of the contract for the supply of sealed audio or video recordings, or computer programs, which are unsealed after delivery

– the subject of contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for such publications

– contract concluded at a public auction

– the subject of the contract is the provision of accommodation services not intended for housing, the provision of goods transport services, car rental services, food and beverage delivery services or leisure services, if it is agreed that the service will be provided on a certain date or in a certain period

– the subject of the contract is the delivery of digital content that is not delivered on physical media if the fulfillment of the contract began with the explicit prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination.

By agreeing to this Terms of Use the User explicitly agrees that the contract due to its nature falls under the circumstances from Article 79 i.e. from this chapter of Terms of Use and User consequently waives his right to unilateral termination.

12.2. TERMINATION BY meloot

You agree that meloot may immediately terminate this Agreement if there is misconduct towards MeLoot and it’s partners.

meloot may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that meloot determines, at its sole discretion, violate this Agreement or the rights of meloot or any third party, or is otherwise inappropriate. Without limitation, meloot may deny you access to the Services or Platform, or terminate this Agreement and your User account.

meloot may, at its sole discretion, at any time and for any reason, terminate the Meloot Service, terminate this Agreement, or suspend or terminate any User account on Meloot. meloot will send notice to User at the email address User provides when creating a User account, or such other email address User may later provide to meloot.

12.3 TERMINATION SURVIVAL

The following provisions will survive termination of this Agreement:

• Any obligation of the User to pay for the Services
• Section 5 (Intellectual Property)
• Section 9 (Disclaimer of Warranties), Section 10 (Limitation and Exclusion of Liability) and Section 11 (Indemnification)
• Section 12.3 (Termination survival)
• Section 17 (Jurisdiction and Choice of Law; Dispute Resolution)
• Section 18 (No Class Action)
• Any other provision of this Agreement that must survive to fulfil its essential purpose.

13. SEVERABILITY

If any provision of this Terms of Use or Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

If any provision of this Terms of Use or Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.

14. NOTICES

All notices to meloot shall be provided in written form to e-mail info@meloot.com or to our postal address.

meloot may give notice to a User via the email address associated with the User account or by mail or courier to the address provided for that User.

Notice shall be deemed to have been received:

• the next day if given via notice on the User account or via email
• five workdays after posting the notice via courier or registered post. By workday, we mean workdays at meloot’s registered seat.

15. NO WAIVER

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

16. LINKS TO THIRD-PARTY WEBSITES

Should meloot enable access to data from another service provider through linking, meloot does not carry responsibility for such information.

The Website may contain links to other websites, owned by other legal or natural persons. Each of these websites has its Terms of Use and Privacy Policy on handling personal data, which may differ significantly from those which are applied to the use of this Website. meloot has no control over such websites and shall not carry any responsibility neither for the availability of those websites nor for the Terms of Use and Privacy Policy that applies to their visitors and users.

LADA links to third-party websites on the Website does not in any way imply that meloot recommends or approves services or products offered through such websites.

17. TOKEN SALE KYC

Certain countries are restricted from participating in LADA Token Sale, including the following:

• Belarus
• Congo, Democratic Republic of the (DRC)
• Cote D’Ivoire (Ivory Coast)
• Cuba
• Crimea
• Iran
• Iraq
• Korea, Democratic People’s Republic of (DPRK)
• Liberia
• Myanmar / Burma
• Russia
• South Sudan
• Syrian Arab Republic (Syria)
• United States of America
• Venezuela
• Zimbabwe

List of countries restricted from participating in LADA represent a variable category which can be subjected to change depending on individual legislation of the said or other countries. Meloot accepts no responsibility for breach of any legislation which prohibits participating in the LADA token and all responsibility for such breach lies with the User who is in possible breach of the applicable legislation. Meloot reserves the right to reject any User if determines or suspects breach of an individual legislation in the above mentioned matter.

18. JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION

This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Mindful of the high cost of dispute, you and meloot agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and meloot (“Dispute“), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by email, first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute (“Mandatory negotiations“).

Notice shall be sent:

• (1) if to meloot at: meloot, info@meloot.com
• (2) if to you at: your last-used address in your account information or the address of the registered seat of the company (if the User is a legal entity for Enterprises).

If no such address exists, or if the delivery to such address is unsuccessful, the notice shall be sent to the email address connected to that User’s Account.

Both you and meloot agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any dispute resolution or filing any claim against the other Party.

Failing to resolve the dispute as described in previous paragraphs of this Section, any controversy or claims arising out of or relating to the Agreement, or the breach thereof, shall be in the exclusive jurisdiction of the competent court in the city of Sisak, Croatia.

This clause shall survive termination of the Agreement.

Notwithstanding the provisions above, meloot may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.

18.a CONSUMER PROTECTION

All Agreements shall be in accordance with the Consumer Rights Directive (DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL from 25 October 2011on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council) amended with the DIRECTIVE (EU) 2019/2161 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL from 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules, both applicable to all of the EU states as stated in the said Consumer Rights Directives.

Distance and off-premises contracts

Chapter III of the Consumer Rights Directive lays down the information requirements for distance and off-premises contracts, including information about the functionality and interoperability of digital content. It regulates the right of withdrawal (length of the withdrawal period, procedure and effects of the withdrawal), including a standard withdrawal form contained in the Annex I(B) that must be provided by traders and may be used by consumers to notify the withdrawal from the contract.

Delivery and risk

Chapter IV of the Consumer Rights Directive provides for rules on delivery and passing of risk applicable to contracts for the sale of goods as well as certain rules applicable to all types of consumer contracts.

These include:

• rules regarding the fees for the use of certain means of payment (e.g. credit or debit cards)
• rules regarding the charges for calling telephone hotlines operated by traders
• a prohibition to use pre-ticked boxes on websites for charging extra payments in addition to the remuneration for the trader’s main contractual obligation

General provisions

Chapter V of the Consumer Rights Directive contains general provisions, e.g. on enforcement and penalties.

Article 6. of the Consumer Rights Directive regulates necessary information requirements for distance and off-premises contracts. Before the consumer is bound by a distance or off- premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner:

• (a) the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services;
• (b)the identity of the trader, such as his trading name;
• (c) the geographical address at which the trader is established and the trader’s telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently and, where applicable, the geographical address and identity of the trader on whose behalf he is acting;
• (d)if different from the address provided in accordance with point (c), the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where the consumer can address any complaints;
• (e)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable. In the case of a contract of indeterminate duration or a contract containing a subscription, the total price shall include the total costs per billing period. Where such contracts are charged at a fixed rate, the total price shall also mean the total monthly costs. Where the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be provided;
• (f) the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;
• (g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader’s complaint handling policy;
• (h) where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B);
• (i) where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;
• (j) that, if the consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance with Article 14(3);
• (k) where a right of withdrawal is not provided for in accordance with Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal;
• (l)a reminder of the existence of a legal guarantee of conformity for goods;
• (m) where applicable, the existence and the conditions of after sale customer assistance, after-sales services and commercial guarantees;
• (n) the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC, and how copies of them can be obtained, where applicable;
• (o)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;
• (p) where applicable, the minimum duration of the consumer’s obligations under the contract;
• (q) where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;
• (r) where applicable, the functionality, including applicable technical protection measures, of digital content;
• (s) where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of;
• (t) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it.

With respect to distance contracts, the trader shall give the information provided for in Article 6(1) or make that information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language. In so far as that information is provided on a durable medium, it shall be legible.

PRICE AND PAYMENT

In the phase of distribution of LADA tokens, the only possible trade currency is digital token ADA.

The price will be calculated after the distribution of LADA tokens is completed, before the actual Meloot Application will be available for purchase. The price of the product will be the one stated at our website.

The User will be responsible for any other tax which would be incurred in relation to the services or products provided to the User, depending on the applicable legislation.

Prices will be subject to change at any time, but any price changes will not affect orders for which we have sent an Order Confirmation.

19. NO CLASS ACTION

Except where prohibited by law, as a condition of using the Software and/or Service, you agree that any and all disputes, claims and causes of action arising out of or connected with the Software and/or Service, shall be resolved individually, without resort to any form of class action.

Any dispute resolution under these Terms of Use will take place on an individual basis; class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPABILITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and meloot agree otherwise, the court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

The EU Commission shall ensure that citizens seeking information on their consumer rights or on out-of-court dispute resolution benefit from an online entry point, through the single digital gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council (18), enabling them to:

• (a) access up-to-date information about their Union consumer rights in a clear, understandable and easily accessible manner; and
• (b) submit a complaint through the online dispute resolution platform established under Regulation (EU) No 524/2013 and to the competent centre of the European Consumer Centres Network, depending on the parties involved.

20. ENTIRE AGREEMENT

This Agreement (as amended from time to time) including any linked documents or documents that are expressly or implicitly included in the Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior Agreements and understandings between the Parties with respect to that subject matter.

In case of conflict between any provision herein and any statement, representation or other information published on the Website or contained in any other materials or communications the provision in the Agreement shall prevail.

21. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send us your comments and suggestions via our contact form.

In addition, official forms are available to consumers and customers. They can be requested by sending an email to info@meloot.com or via the contact form.

If you as a customer believe that your rights have been violated, you can send us your complaint to the email address info@meloot.com