Terms and Conditions
Conditions of access, acquisition and use of ETTIA, native coin of Ettios LATAM Chain
Version 1.0 (draft for review) · Effective from: [publication date]
1. Identification and acceptance
1.1. These Terms and Conditions (the “Terms”) govern the access, acquisition and use of ETTIA, as well as the use of the sites, the wallet and other interfaces operated by ETTIOS Sociedad Anónima, RUC N.° 80144462-4, domiciled at [Teniente Caballero López 1491, Asunción, Republic of Paraguay] (“ETTIOS”).
1.2. By registering, checking the acceptance box, acquiring or using ETTIA through ETTIOS channels, the user (the “User”) declares having read, understood and fully accepted these Terms, the Anti-Money Laundering and Counter-Terrorism Financing Policy and the Privacy Policy, which form an integral part of this document. If you do not agree, you must not use the services.
2. Definitions
| Term | Meaning |
|---|---|
| ETTIA | Native coin of the Network's protocol, integrated into its base code. It is not a token issued by a smart contract. |
| Network | Ettios LATAM Chain, a layer-1 EVM-compatible blockchain, Chain ID 2237. |
| Platform | The site www.ettiosblockchain.io, the Ettios wallet and any interface operated by ETTIOS to access ETTIA. |
| Wallet | A Network address controlled by private keys, in which ETTIA are received and from which they are transferred. |
| Operation | Any acquisition, transfer, use or delegation of ETTIA made by the User. |
| Restricted Jurisdiction | The territories indicated in clause 5.2 and those that ETTIOS may add in the future. |
3. Nature and functions of ETTIA
3.1. ETTIA is a utility digital asset whose function is to enable the operation of the Network: (a) payment of transaction fees (gas); (b) participation (stake) of validator nodes in the consensus mechanism; and (c) medium of exchange within the applications of the Ettios ecosystem.
3.2. ETTIA does not grant its holder: equity or corporate participation in ETTIOS; corporate voting rights; right to dividends, profits, interest or income from ETTIOS or the ecosystem; credit rights against ETTIOS; nor any guarantee of repurchase, price or liquidity.
3.3. ETTIA is not legal tender, is not electronic money and does not constitute a deposit, and is not covered by any deposit guarantee fund or insurance.
3.4. ETTIOS does not promise or guarantee any profitability, return or appreciation of ETTIA. No content on the Platform should be interpreted in that way.
4. Regulatory status. No public offering
4.1. These Terms do not constitute a public offering of securities or an invitation to invest, nor financial, legal or tax advice. ETTIA is not registered in any securities registry.
4.2. ETTIOS does not represent that ETTIA, the Platform or the company itself hold any authorization, license or approval from the Central Bank of Paraguay, its Superintendency of Securities or any other authority, except for those registrations expressly reported on the Platform with their number and scope: [detail current registration with SEPRELAD and its scope, or remove].
4.3. The acquisition of ETTIA is only enabled in the jurisdictions, through the channels and for the categories of persons where it is lawful. ETTIOS may suspend or condition the acquisition until it has the legal framework it deems necessary, without this generating any right in favor of the User.
4.4. The regulatory framework for digital assets is evolving. Regulatory changes may require ETTIOS to modify, limit or discontinue features, which the User accepts.
5. Eligibility
5.1. Only natural persons over 18 years of age with full legal capacity and duly incorporated and represented legal entities that have satisfactorily passed the ETTIOS identification process (KYC/KYB) may be Users. [Where applicable: and that prove the status of professional or qualified participant under the law of their jurisdiction.]
5.2. The following may not acquire ETTIA through the Platform: citizens, residents or persons domiciled in: (a) [the Republic of Paraguay]; (b) the United States of America and its territories (“U.S. Persons”); (c) countries or territories subject to comprehensive sanctions by the UN, the European Union, OFAC or the United Kingdom; (d) jurisdictions identified by the FATF as high-risk subject to a call for action; and (e) any jurisdiction in which the acquisition or holding of ETTIA is illegal or requires an authorization that ETTIOS does not hold.
5.3. The User declares and warrants that: they act on their own behalf; the funds they use are of lawful origin; they are not listed on sanctions lists; they do not use VPNs or other means to circumvent geographic restrictions; and all information they provide is truthful, complete and up to date.
5.4. It is the User's sole responsibility to verify that the acquisition and holding of ETTIA is lawful in their jurisdiction.
6. Registration and verification
6.1. To operate, the User must create an account and complete identity verification in accordance with the AML/CFT Policy. ETTIOS may request additional information or documentation at any time, including regarding the origin of funds.
6.2. ETTIOS may reject a registration or an Operation, without obligation to state cause, when required by law or its risk policy.
6.3. The User is responsible for the confidentiality of their credentials and for all activity carried out from their account, and must immediately notify any unauthorized use.
7. Acquisition of ETTIA
7.1. The price, minimum and maximum amounts, accepted means of payment and any lock-up or deferred delivery (vesting) conditions will be those reported on the Platform or in the applicable acquisition document at the time of each Operation: [complete: reference price, minimums, means of payment, delivery schedule].
7.2. The Operation is perfected when ETTIOS confirms full and final receipt of payment and approval of compliance controls. Until then there is no obligation to deliver.
7.3. The ETTIA are credited to the Wallet indicated by the User. The User is responsible for the accuracy of the address; transfers on the Network are irreversible.
7.4. Only payments from accounts or wallets owned by the User are accepted. Cash payments or payments from third parties are not accepted.
7.5. Unless mandatory legal provisions state otherwise or an error attributable to ETTIOS occurs, perfected Operations are final and do not give rise to refunds. Irrenounceable rights granted to the User by applicable consumer protection legislation remain unaffected, including, where applicable, the right of withdrawal.
7.6. If an Operation must be voided for regulatory compliance reasons, ETTIOS will refund the amounts received to the originating means of payment, deducting network or banking costs, provided the law allows it.
8. Wallet and custody
8.1. Unless expressly stated otherwise, ETTIOS does not custody the User's ETTIA. The User is solely responsible for safeguarding their private keys, recovery phrases and devices.
8.2. The loss, theft or disclosure of keys may imply the definitive loss of ETTIA. ETTIOS cannot recover keys or reverse transactions.
9. Use of the Network and validation
9.1. Transactions on the Network accrue fees payable in ETTIA, determined by the protocol.
9.2. Participation as a validator or the delegation of ETTIA is governed by the protocol rules and by the specific conditions that are published. Any protocol rewards are variable, are not guaranteed and may be reduced or eliminated; the stake may be subject to lock-up periods and penalties (slashing).
10. Risks
The User declares to know and accept, among others, the following risks:
- ⚠
Volatility and total loss: the value of ETTIA may fluctuate significantly and even be reduced to zero.
- ⚠
Liquidity: there may be no market for ETTIA nor the possibility of converting it to other assets; ETTIOS does not guarantee listings on exchange platforms.
- ⚠
Technological: software failures, vulnerabilities, cyberattacks, errors in smart contracts, forks or Network interruptions.
- ⚠
Regulatory: legal changes or decisions by authorities that restrict, tax or prohibit the holding or use of ETTIA.
- ⚠
Operational and custody: loss of keys, errors in addresses, phishing and third-party fraud.
- ⚠
Tax: uncertain or variable tax treatment depending on the jurisdiction.
The User should only allocate to ETTIA funds whose total loss they can bear and, if deemed necessary, consult independent advisors.
11. Prohibited conduct
It is prohibited to use ETTIA or the Platform to: (a) money laundering, terrorism financing, sanctions evasion, fraud or other illicit activity; (b) provide false data or impersonate identities; (c) circumvent KYC or geographic controls; (d) manipulate the market; (e) interfere with the security or operation of the Network or the Platform; (f) resell or offer ETTIA to the public invoking ETTIOS or promising returns; and (g) infringe third-party rights.
12. Intellectual property
The trademarks, logos, software, documentation and content of the Platform belong to ETTIOS or its licensors. The acquisition of ETTIA does not transfer any intellectual property rights. The User is granted a limited, revocable, non-exclusive and non-transferable license to use the Platform in accordance with these Terms.
13. Suspension and termination
ETTIOS may suspend or cancel the User's account, or reject Operations, when: there is a breach of these Terms; an authority or applicable regulations require it; signs of illicit activity are detected; or the User does not provide the required information. The User may close their account at any time, without prejudice to the data retention obligations imposed by law.
14. Disclaimer of warranties and limitation of liability
14.1. The Platform, the Network and ETTIA are provided “as is” and “as available”, without warranties of uninterrupted operation, absence of errors or fitness for a particular purpose, to the maximum extent permitted by law.
14.2. To the maximum extent permitted by law, ETTIOS, its directors, employees and suppliers shall not be liable for lost profits, loss of opportunity, indirect or consequential damages, or losses arising from volatility, acts of third parties, Network failures or the User's loss of keys. ETTIOS' total liability to the User shall not exceed the amount actually paid by the User to ETTIOS for the ETTIA subject of the claim [in the preceding 12 months].
14.3. Nothing herein excludes liability for willful misconduct or gross negligence nor liability that cannot be legally limited.
15. Indemnity
The User shall hold ETTIOS harmless from claims, penalties and expenses (including reasonable fees) arising from the breach of these Terms, the falsity of their representations or the violation of the law or third-party rights.
16. Taxes
The User is solely responsible for determining, declaring and paying the taxes applicable in their jurisdiction for the acquisition, holding, use or disposal of ETTIA.
17. Modifications
ETTIOS may modify these Terms. Changes will be published on the Platform with version and date indication and, when substantial, will be notified to the registered email with [15] days' notice. Subsequent use implies acceptance.
18. Communications
Communications to the User will be sent to the registered email address. Those addressed to ETTIOS must be sent to [legal@ettiosblockchain.io] or to the address indicated in clause 1.
19. Governing law and dispute resolution
19.1. These Terms are governed by the laws of [the Republic of Paraguay].
19.2. The parties will seek to resolve any dispute in good faith within 30 days of notification. If not achieved, it will be submitted to [the ordinary courts of the city of Asunción / arbitration under the rules of the Paraguay Arbitration and Mediation Center], without prejudice to the jurisdiction that mandatory law grants to consumers.
20. General provisions
The nullity of one clause does not affect the others. Failure to exercise a right does not imply waiver. The User may not assign their contractual position without ETTIOS' consent. These Terms, together with the referenced policies, constitute the entire agreement between the parties. In case of discrepancy between versions in different languages, the Spanish version shall prevail.
21. Declaration of acceptance
By accepting, the User declares that: (i) they have read and understood these Terms and the risks described; (ii) they meet the eligibility requirements and are not located in a Restricted Jurisdiction; (iii) they acquire ETTIA for use on the Network and not on the basis of promises of profitability; and (iv) the funds used are of lawful origin.