Terms and conditions

Terms of Service

Version 1.1 Date 20.6.2019

Folgory is a brand of  HashFort OÜ  (hereinafter referred to as the 'Company') a company incorporated in ESTONIA, and operates the website folgory.com  (hereinafter referred to as ‘Site') and related mobile applications, an overall platform (hereinafter referred to as the 'Platform') dedicated to digital assets-only transaction and the provision of related services.

By accepting these Terms of Use, you agree with and accept all policies published on this website. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THIS SITE AND DO NOT USE ANY OF Folgory OR Folgory SERVICES, PRODUCTS AND CONTENT.

1. Acceptance of Terms

1.1 By opening an account at the Platform, you expressly represent and warrant:

1.1.1 You have accepted these Terms; and

1.1.2 You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving digital assets.

1.2 You may terminate this agreement with Folgory, and close your account at any time, following settlement of any pending transactions.

1.3 You also agree that Folgory may, by giving notice, in its sole discretion terminate your access to the Platform and to your account, including without limitation, our right to: limit, suspend or terminate the service and user accounts, prohibit access to the Platform and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep user off the Platform if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Platform or another user's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Service, (5) failure to pay or fraudulent payment for transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Folgory, acting in its sole discretion.

2. Scope of Service

2.1 Folgory provides you with a simple and convenient way to trade one type of digital asset for another type of digital asset. We do not provide users services to purchase and sell digital assets directly from and to us. Our services do not provide users with the ability to trade one form of fiat currency for another form of fiat currency.

2.2 Folgory provides you with a platform that matches your trades with open orders from other users of our services at your direction. Additionally, an order may be partially filled or may be filled by multiple matching orders.

2.3 Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and services.

2.4 In order to access and use our services, you must create an account with Folgory. You agree to: (a) provide accurate, current and complete information when creating the account; (b) maintain and promptly update your account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your account and your computer; (d) promptly notify Folgory if you discover or otherwise suspect any security breaches related to the Platform; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

3. Transaction & Fees

3.1 The User agrees to pay the Platform the transaction fee for each completed transaction. Prior to transaction, the user must consider transaction fee rates published.

3.2 Transaction fee amount is automatically charged off in the digital assets for relevant transaction. The transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by Folgory from time to time and such changes shall become effective the moment they are posted on the Platform.

4. Modification/Suspension/Termination of Service

4.1 The Platform may: (a) suspend, restrict, or terminate your access to any or all of the Folgory services, and/or (b) deactivate or cancel your Folgory account if:

4.1.1 We are so required by a facially valid subpoena, court order, or binding order of a government authority; or

4.1.2 We reasonably suspect you of using your Folgory account in connection with a prohibited use or business; or

4.1.3 Use of your Folgory account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; or

4.1.4 Our service partners are unable to support your use; or

4.1.5 You take any action that Folgory deems as circumventing Folgory's controls, including, but not limited to, opening multiple Folgory accounts or abusing promotions which Folgory may offer from time to time.

4.2 If Folgory suspends or closes your account, or terminates your use of Folgory Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Folgory from providing you with such notice. You acknowledge that Folgory's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Folgory's risk management and security protocols. You agree that Folgory is under no obligation to disclose the details of its risk management and security procedures to you.

4.3 Folgory also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a period of six (6) months or more, and/or to modify or discontinue our Site or service. The user agrees that Folgory will not be liable to them or to any third party for termination of their account or access to the Site.

4.4 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services.

4.5 Folgory reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

5. Rules of Use

5.1 When registering for your Folgory account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.

5.2 In connection with your use of services, you hereby agree that you will not:

violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;

intentionally try to defraud (or assist in the defrauding of) Folgory or other Folgory users;

provide false, inaccurate, or misleading information;

take any action that interferes with, intercepts, or expropriates any system, data, or information;

partake in any transaction involving the proceeds of illegal activity;

transmit or upload any virus, worm, or other malicious software or program;

attempt to gain unauthorized access to other Folgory accounts, the Folgory website, or any related networks or systems;

use the services on behalf of any third party or otherwise act as an intermediary between Folgory and any third parties;

collect any user information from other Folgory users, including, without limitation, email addresses;

defame, harass, or violate the privacy or intellectual property rights of Folgory or any other Folgory users; or

upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

5.3 Orders you place on Folgory during regular operation will normally be executed if the market price is at a point within the limits of your order. However, we do not guarantee that your order will be filled even if the market price was within your limit at the time such order was placed or was otherwise open. Orders you place on Folgory during planned or unplanned downtime will be processed on a commercially reasonable efforts basis once we resume operations. Folgory reserves the right to reject or cancel orders made and/or pending during downtime.

5.4 Orders may be subject to, and Folgory shall have no liability for, delays, difficulties, and/or conditions affecting transmission or execution of orders over which Folgory has no control, including, but not limited to, mechanical or electronic failure or market congestion.

5.5 You also are responsible for maintaining the confidentiality of your account information, including your password, safeguarding your own Bitcoin, and for all activity including transactions that are posted to your account. If there is suspicious activity related to your account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of your account. You are required to notify us immediately of any unauthorized use of your account or password, or any other breach of security by email. Any user who violates these rules may be terminated, and thereafter held liable for losses incurred by us or any user of the Platform.

6. Intellectual Property

6.1 All content on this Platform is the property of Folgory and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

6.2 The trademarks, trade names, service marks and logos of Folgory and others used on the Platform are the property of Folgory and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to Folgory. The trademarks and other content on the Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated.

6.3 The use of any content from the Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

6.4 Folgory is a trademark owned by the Company and allows no unauthorized use by any user or third parties.

6.5 Folgory supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please send us an email to support@Folgory.com

7. Privacy Policy

Please refer to our Privacy Policy for details.

8. Disclaimer of Liability

The Platform is not giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use our services or providing the services herein, the ability to purchase or sell digital assets or the storage of digital assets, and we do not recommend, or endorse that you purchase or sell digital assets, or make any investment. Before engaging in any transaction or investment activity, you should consult a qualified professional.

THE SERVICES THAT WE PROVIDE THROUGH COINEX ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. THE COMPANY DO NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF Folgory OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF Folgory OR ANY SERVICES PROVIDED BY Folgory, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE COMPANY OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING Folgory, THE SERVICES THEREON OR THE INFORMATION THEREIN. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF COINEX, THE SERVICES THEREON OR THE INFORMATION THEREIN.

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEM, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO Folgory.

9. Risks

9.1 Digital assets transaction may be subject to high risks.

9.1.1 The risk of loss in trading digital assets may be substantial and losses may occur over a short period of time.

9.1.2 The price and liquidity of digital assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future.

9.2 You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that Folgory does not give advice or recommendations.

9.3 Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange and value of digital assets.

10. Indemnity

You agree to defend, indemnify and hold harmless Folgory from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your violation of these Terms; or your violation of any rights of any other person or entity.

11. Notifications

You understand and agree that all communication with you will be via electronic communication, including emails, site messages and SMS and we will use those means to provide you with account-related notices and order receipts. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and notify us immediately if there are any changes. Delivery of any notice to the email address/mobile number on record with your user account will be considered valid. If any email is returned as undeliverable, we retain the right to block access to your user account until you provide and confirm a new email address.

12. Jurisdiction

12.1 The Terms of Use shall be governed and construed in accordance with laws.

12.2 You and Folgory agree to arbitrate any dispute arising from these Terms or your use of our services. Each party reserves the right of lawsuit if a settlement cannot be made.

13. Miscellaneous

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Folgory for our services. In the event of any conflict between these Terms and any other agreement you may have with Folgory, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

Update Fees

NON-CONSENSUS CHANGING WALLET UPDATE: 0.15 BTC (free after at least 30 days of last update/listing)
ANY CONSENSUS CHANGING UPDATE (FORK/SWAP): 0.5 BTC*

* Please note that:

failure to inform us at least 7 days in advance of a consensus changing update will incur 200% of the above fees.

in case you do not inform us about the consensus changing update and we suffer damage by crediting coins to users to an old chain, you’re liable for the damage caused.

only 1:1 swaps are currently supported, otherwise all funds must be withdrawn from the exchange

an address prefix change is mandatory for swaps as users will continue depositing to old addresses

Ticker changes are not possible since Folgory is running on a blockchain

If you wish to change your ticker as part of the fork/swap you will need to re-list and let your users withdraw. A fee applies for re-listing

 

Other important notes

If your daemon source code produces any kind of financial damage to Folgory by malfunctioning or containing serious bugs or exploits, you agree to fully compensate for all damage. We compile from the LATEST OFFICIAL RELEASE of your github.

We do currently support All algorithms

No refunds will be given to cancelled requests after payment.

 

General Terms and Conditions

HashFort OÜ  (Company Registry 14648319)
Peterburi tee 47, Lasnamäe linnaosa,
Tallinn, Harju maakond,
11415 Estonia -

License FVR000672/FVR000579

Mail support@folgory.com

 

Terms of Use

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

This website (“FOLGORY.COM”) is an internet property of Folgory, a registered limited liability company (Referred to collectively as “Folgory.NET,” “we” and “us”). You agree to be bound by these Folgory.NET Website Terms of Use (“Terms of Use”), in their entirety, when you: (a) access the Website; (b) register for a newsletter or subscribe to a mailing list or request information by and through the Website (“Subscription Services”); (c) register to participate in promotions, offered by Folgory.NET from time to time; (d) register, or attempt to register, on the Website (“Registration Services”); and/or (e) order a product and/or service through the Website (“Vendor Services, and together with the Subscription Services and Registration Services, the “Services”). Folgory.NET Privacy Policy (“Privacy Policy”), as well as any other operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form.

 

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

 

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Folgory.NET’s use of cookies in accordance with the terms of Folgory.NET's policies.

 

Account

An Folgory.NET account is meant to be used to mining or trade Folgory or access tradingplattforms.

Account holders may be natural or legal persons who enter into an agreement with Folgory. The underlying terms of use and other obligations (such as Anti Money Laundering Rules (AML), and / or data protection rules) are linked to all rights and obligations arising out of the use of this site and the services available. Each User should read and understand these Terms of Use carefully before accepting them. These terms apply as long as users can access the accounts.

 

After the verification process has been completed by Folgory, the account is available and Folgory can be traded. Folgory.NET requires an e-mail address, name, date of birth, a domicile address, a passport and a form A (identification of beneficial owner). The Verification process of Folgory verifies this information before an Folgory account is opened.

 

Conditions

The responsibility for the confidentiality of the account and privacy of data lies with the account holder.

The account holders undertakes to provide Folgory with correct and complete information.

Each account holder can create and use multiple accounts simultaneously.

Account holders hereby acknowledge that unreliable and untimely availability of funds by payment processors / banks can lead to delays in purchase be credited to the user’s Folgory account.

 

Services

We offer Folgory’s as a cryptocurrency that can be used on special E-Commerce website as a payment medium for the products and services offered on the E-Commerce. Folgory can be exchanged into other cryptocurrencies e.g. Bitcoin and Ether via exchange platform.

Our services and products are regulated in Europe. We fully subscribe to applicable laws on AML and KYC rules or the prevention of criminal or terrorist activities.

 

The cost of transactions via the platform consists of a fee for the service. The fees are detailed on the website and will also be itemized in your purchase or purchase order. The purchase of Folgory, as a digital currency, is subject to a non-return or deferment rule.

 

Buy and sell Folgory

 This part describes the purchase of Folgory using digital and fiat currencies, as well as the exchange of Folgory for other digital currencies. The Folgory platform supports, in addition to a purchase via an existing bank account, a multitude of international online payment services, which are listed on the website.

As soon as you submit a transaction, you authorize Folgory to carry out this transaction at the current market price.

As soon as your transaction has been confirmed, the customer has the possibility to see an electronic confirmation with the details. If this service does not work due to a technical defect, however, this does not invalidate the underlying trade.

Bank transfers are processed by our bank daily after receipt of a notification from your bank. It is normal to expect delays after your bank transfer to the receipt of your Folgory in your wallet.

Make transfers from the bank account associated with your Folgory account

Enter your Folgory ID into the 'comment' field of your bank transfer.

Only transfer amounts in Swiss francs, euros and dollars.

 

Geographic Restrictions

The company group of the Website is based in the ESTONIA. We make no claims that the Website or any of its content is accessible or appropriate outside of ESTONIA. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Europe, you do so on your own initiative and are responsible for compliance with local laws.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Folgory, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

Trademarks

The Company name, the terms Folgory, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Folgory’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications. Folgory’s express written consent.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRIANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Europe without giving effect to any choice or conflict of law provision or rule (whether of Europe or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the ESTONIA although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

These terms and conditions constitute the entire agreement between you and the company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Contact Us

If you have any questions regarding the Agreement, or would like more information from us, please contact us.

Cancellation Policy

 

Right of Revocation

 

You have the right to revoke this contract within 14 days without giving any reasons, but only when you don’t have used the website or the mining. he revocation period is fourteen days from the date you or a third person, named by you, other than the carrier have respectively has received the final item of the order.

The right of revocation does, among others, not exist in respect of contracts

on the delivery of goods that are not suitable to be returned due to their composition,

as it is the case with contracts for the delivery of digital content (downloads), computer software, Blockchain-Software, Tokens, Cryptocurrency, mining ..., in sealed packaging, unless the sealing was removed after delivery.

 

To exercise your right of cancellation, you must inform us

 

HashFort OÜ  (Company Registry 14648319)
Peterburi tee 47, Lasnamäe linnaosa,
Tallinn, Harju maakond,
11415 Estonia -

License FVR000672/FVR000579

Mail support@folgory.com

 

by means of a clear statement in writing (e.g. by post mail, fax or email) of your decision to revoke from this contract.

In order to observe the revocation period it is sufficient for you to send the message about the right of revocation before the withdrawal deadline ends.

 

Legal consequences of revocation

 

If you revoke from this contract, we will give you all the payments back that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us), and you will be repaid immediately at the latest within fourteen days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.

We can refuse the refund until we have received the returned goods or until you have furnished proof that you have sent the goods back to us, depending on whichever takes place first.

You must return or transfer the goods to us immediately, within fourteen days of the day on which you have notified us of the cancellation of this contract. The period has been observed if you send the goods prior to the lapse of the fourteen day period.

You have to bear the costs of returning the goods. You are only responsible for covering any loss in value of the goods if this loss in value is based on unnecessary handling of the goods in order to inspect the characteristics, properties and function of the goods.

 

Please note:

The right of revocation does, among others, not exist in respect of contracts

on the delivery of goods that are not suitable to be returned due to their composition,

as it is the case with contracts for the delivery of digital content (downloads), computer software, Blockchain-Software, Tokens, Cryptocurrency, mining ..., in sealed packaging, unless the sealing was removed after delivery.

-    End of cancellation policy -



General Terms and Conditions Shopsystem

 

The following terms and conditions under I. apply only to entrepreneurs. An entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity. A legal partnership is a partnership that is equipped with the ability to acquire rights and incur liabilities.

 

Under II. (See below) you will find the general terms and conditions for consumers.

1. Contract conclusion

Supplies and services of the company Folgory (hereinafter user) are subject to these terms and conditions. These also apply to all future business relations, even if they are not expressly agreed upon. With the order, at the latest, however, upon receipt of the goods or services, these terms are deemed to have been accepted. The terms and conditions of the customer are expressly excluded. Deviations from these conditions are only effective if they are confirmed by the user in writing. The use of software of the user is licensed under the terms of reference or documentation.

Regulations in written agreements shall prevail over these Terms. These Terms shall as such be only complementary.

With the order, the customer makes a binding offer to the user to enter into an agreement with him.

An agreement between user and purchaser shall only be entered into with confirmation by the user. The order confirmation may be in writing, by e-mail or verbally. The granting of an invoice or the provision of the user services constitute order confirmation.

When ordering, the customer selects the desired product or service and places it in the shopping cart. Then the customer goes to the cart and to the "order" button. If the customer is already registered, they log in now. If they are not registered, the registration process is carried out. After the customer is logged in, he has the ability to control information on himself and the order, and if necessary to correct it.

Then the customer can complete the order by clicking the "buy" button.

The user holds an individually tailored offer valid for 30 calendar days2

We reserve the right to reject a customer without giving reasons and to deny them access to our shop.

2. Prices and Terms of Payment

Prices are understood to be ex-premises of the user, including the local VAT and packaging and shipping costs are borne by the user.

All offers are non-binding and without obligation.

A payment is only considered complete when the user can dispose of the sum; in the case of cheques, on definitive redemption of the cheque amount. Collection expenses and discount charges are borne by the customer.

Offsets against claims by the user or the assertion of the right of retention is only possible with undisputed or legally established counterclaims.

Payment will be made, depending on the payment method, by cash in advance, direct debit or credit card.

 

 3. Delivery times

The supply of standard software shall be made within 7 calendar days.

The user strives to meet deadlines and dates. Agreed dates and deadlines are, however, subject to the timely self-delivery of the user.

All technical and organisational details of the contract and its scope must be bindingly established before its conclusion, and the user must be notified. For untimely receipt of documents to be provided by the customer and non-observance of any other obligations on the part of the customer, the delivery time is delayed accordingly.

To receive bonus services, an active license period is required. Details of this can be found in the guidelines and directly in the shop on the marked products. The current bonus offers are subject to change and adjustment by us.

For programming activities, installations, functional testing and acceptance, the customer shall support the user to the required extent. Delivery dates for individual software will be agreed upon.

If an installation has been agreed, the agreed delivery or performance period begins to run at the earliest when the customer has products to be supplied and/or installed that are free of defects and ready to install and/or properly installed, and if the customer has made other necessary prior arrangements at their own expense.

If a delivery period is agreed upon and not respected by of the user under the above conditions, the customer then only has a right to withdraw from the contract if the user has not respected a grace period granted to him. Reasonable provision of a grace period is 4 weeks, beginning with the expiry of the agreement or extended under the deadline described in the following paragraph.

The user is not responsible for delivery delays due to force majeure and due to events beyond the control of the user that hinder delivery or make it impossible even for binding deadlines and dates. These include in particular subsequent material sourcing difficulties, delays in suppliers or their subcontractors, equipment failure, strikes, official orders et cetera. Such difficulties entitle the user to postpone the delivery or service for the duration of the hindrance or completely or partially to rescind the contract due to the part not yet fulfilled. The user shall inform the customer immediately of the start of a delay in delivery.

If the hindrance lasts longer than 4 weeks, the customer is entitled for his part to cancel the contract. Possibly made payments will be refunded immediately. The customer may in such cases only demand compensation if the delay is based on intent or gross negligence, apart from in the case of personal injury or injury to health.

4. Terms of delivery

Insofar as the purchaser has not otherwise agreed, the shipment takes place by a means of transport at the option of the user, whereby economy is to be observed in this. However, the cheapest means of transport may not be chosen. The transfer of risk to the customer takes place after delivery of the shipment to the carrier, provided that the mailing has been agreed by freight carrier; otherwise upon delivery of the goods to the customer.

Shipment costs are borne by the user.

 5. Warranty

The limitation period for claims and rights due to defects of the goods and services is one year from the date of delivery or acceptance. This limitation applies to all claims for damages against the user that are related to the defect. The period of limitation shall not apply in case of intent. Likewise, not when the user has fraudulently concealed the defect. In such cases, the statute of limitations applies instead. The limitation does not apply to claims for damages in cases of injury to life, limb, health or freedom, for claims under product liability law, for a grossly negligent breach of duty or breach of contract. The statutory limitation period then applies instead. Unless expressly specified otherwise, the statutory provisions on the limitation period, suspension of expiry and recommencement of limitation periods remain unaffected. If the user fails to comply with operating or maintenance instructions of or replaces parts or uses consumables that do not meet the original specifications, the warranty is revoked. The responsibility for the selection of products and services and the intended results with them rests with the customer. The customer must immediately check the conformity of the goods and services provided as well as any corrections on returns forwarded of primary and intermediate products.

Complaints about incomplete delivery or obvious defects are must be communicated to the user within eight days after delivery or acceptance in writing, by registered mail. Hidden defects or a lack of guaranteed properties are to be reported in writing by registered mail, within one year from acceptance by the user.

In case of justified notices of defect, the user has the right either to remedial action twice, or replacement. Shipping fees are reimbursed, after checking and where claims are justified. In case of failure of the rectification of defects or replacement, the customer may demand a price reduction or cancellation of the contract. The warranty presupposes that the goods have been properly stored, maintained and handled.

If the service provided can be used by the customer in whole or in part, he may not retain the due purchase - or rental price until complete removal of defects, but must pay it in full when due, or at least to the amount of the service to be used has been provided. The right to remedy defects remains unaffected.

 6. Limitation of liability

Claims for damages against the user as well as against his agents and auxiliary assistants –for breaches of duty (cardinal obligations), in particular the impossibility of performance, positive breach, negligence in contracting and tort are against the user, except for injury to life, limb or health or the sexual self-determination, may be asserted only for intentional or gross negligence, or for false assurances. This also applies to consequential damages, including loss of profits. The liability is, except for wilful or grossly negligent behaviour or false representation or damages resulting from injury to life, limb or health, and the breach of contract (cardinal obligations), limited to the contractually typically foreseeable damage and, moreover, to the amount of the contractually typical average damage. Claims arising from product liability law remain unaffected.

The user is liable for delay of performance in cases of intent or gross negligence of the user or a representative or agent under the statutory provisions. However, the liability of the user in cases of gross negligence is limited to the typical, foreseeable damage if none of the exceptions listed in clause 4 of this paragraph applies. Further claims of the customer are excluded – even after expiry of a possible time limit set for performance by the user. This limitation does not apply to liability for injury to life, limb or health.

7. Retention of title

The deliveries are subject to retention of title with the following extensions. Until all claims that the user has against the customer for any legal reason, goods supplied by the users remain the property of the user. If ownership is null through connection, it is hereby agreed that the property of the customer of the jointly owned property is transferred to him in proportional value. The purchaser keeps the property free of charge. If the value of the collateral exceeds the main claim by more than 20%, the user is bound to the customer's request for the partial release of collateral.

The customer hereby assigns any claims arising from the resale or any other legal reason (insurance, tort) with respect to the conditional reserved goods user as a security to the full extent to the user. The customer is entitled, until this right is revoked, to collect the claims assigned to the user for their account and in their own name. The purchaser must notify users immediately if third parties have access to the reserved goods.

In case of default the user has the right to demand the return of the goods. With back receipt of goods or seizure, there is no automatic right to withdrawal from the contract. In the case of withdrawal from the contract, the user has the right to demand the immediate return delivery at the expense of the purchaser. Payments shall be made with discharging effect only directly to the user, not to representatives or advisors.

 
8. Software license rights to use the software

The user grants the purchaser use of the software provided for a limited time or (depending on the order / contract) unlimited single, non-exclusive right for own purposes in accordance with the order. Use of the software under this agreement covers only the permanent or temporary, complete or partial copying of the software by loading, displaying, running, transmitting or saving for the purpose, the end of the commands contained and data to accomplish or to observe the features of the software, to examine them or test them.

The customer is permitted to use the software on a single computer provided that the software is used at all times on a single computer. If the customer has purchased the right for use at different workplaces, only the number of deployments of the application may be used which the customer has acquired.

The customer may not rent or lend the software to third parties, or make it available to third parties in any other way.

The customer may only transfer the usage rights that are hereby granted to third parties if (i) he previously notifies the user thereof in writing, (ii) the recipient confirms in writing that the provisions of this Agreement bind him or her and (iii) the customer retains no copies of the software. The user can object to the transfer if (i) the recipient is on competition with the user; or (ii) the transfer leads to export or re-export that is contrary to applicable export restrictions.

The customer may not copy, modify, transmit or edit the software without obtaining the prior written consent of the user. This does not apply to (i) the preparation of a backup copy (ii) the need for the specific use for this section reproduction, (iii) the reproduction, processing or transfer for the purpose of eliminating errors, despite a written request by the purchaser the user has not offered to eliminate them under appropriate conditions within reasonable time, and if the customer accepts such an offer, does not perform these within a certain reasonable additional time.

The customer may not disassemble software, decompile it, reverse-engineer it, or carry out other processes on the software to learn the source code, unless (i) such a procedure is necessary to ensure interoperability with an independently created computer program with the software, and (ii) the information was not made available to the customer by the user, despite a written request within a reasonable time, and (iii) this process is carried out by the customer, or a person authorised to use of a copy of the software, or a third person who has been authorised to do so by one of the aforementioned individuals.

 
9. Consulting services

The user provides the customer with advisory and other services at his request. The customer shall, if he wants to accept this offer, give the user a written order, in which the customer has defined the consulting goal. On the basis of this contract, after checking the user informs the customer whether the job can be carried out or not, this in any case within a period of 30 calendar days after receipt of order. The consulting services may include individual consulting or consulting services for a longer-term defined period. The user undertakes to provide the consulting services conscientiously and to the best of his ability.

The purchaser undertakes to provide users with all the necessary information for the implementation of the agreed consulting services.

The user invoices the consulting services by arrangement from either a flat rate or hourly rates stated above. Any costs such as travel expenses, accommodation, food costs, copying and translation costs and the like are paid separately.

 
10. Final Provisions

Should any of the above conditions - for whatever legal reason - be or become invalid, the validity of the remaining provisions shall not be affected. We reserve the right to amend the current Conditions of Use at any time.

Place of performance for deliveries and services is the seat of the user. Jurisdiction is agreed as the seat of the user. The law of the United Arab Emirates exclusively applies. UN sales law is excluded.

 

- End of the Terms and Conditions for entrepreneurs -