§1 General Provisions
1. The present Rules and Regulations (further referred to as: ”Regulations”) define the rules for the provision of electronic services by ENZO VENTURES LLC, 6628 Sky Pointe Dr. Ste 129-1215, Las Vegas, 89131, NV, USA entered in the register of business companies as no. 2023-001203529 (further referred to as: ”Tecra”) as part of https://tecra.space platform and the subdomains (further referred to as: ”the Website”) and https://app.tecra.space and the subdomains (further referred to as: “the Platform”) they also define both (the Website and the Platform) as “the Service” and also represent rules of use of the Service by its Users.
2. Whenever it is about User it means a natural person who uses the Website on his own behalf or as authorised by another entity and Registered User – a User who has registered on the Platform on their own behalf or as authorised by another entity in accordance with the procedure set out in the Regulations. User and Registered Users are further referred to as: “the Pioneer”.
3. The Website and The Platform are websites owned and operated by Tecra, which is neither a registered broker-dealer, investment advisor, funding portal, nor entity regulated by the competent authority, especially SEC, USA.
4. Tecra does not give investment advice, endorsement, analysis or recommendations with respect to any project. All projects listed on Tecra are being offered by, and all information included on the Service is the responsibility of the Pioneer. The intermediary facilitating the offering will be identified in Pioneer’s offering’s documentation.
6. Tecra may change Regulations from time to time. If Tecra does it, the Pioneer will be informed about any material changes, either by notifying the Service or by sending email to Pioneer. If Pioneer keeps using the Service after a change, that means Pioneer accepts the new Regulations.
8. If Pioneer is located outside of the United States, Pioneer uses or accesses the Service solely at its own risk and initiative. The Service is controlled and operated from facilities within the United States. Tecra makes no representations that the Service is appropriate or available for use in any other jurisdictions. Accessing the Service is prohibited from territories where the content on the Service is prohibited.
9. Pioneer acknowledges and agrees that it is solely Pioneer responsibility to be aware of the applicable laws and regulations of Pioneer’s country of residence.
10. By accepting these Regulations, the Pioneer declares to be:
a) aware of the risks carried by investment in cryptocurrencies and of the fact that one of those risks is a potential loss of all the invested financial means caused by cryptocurrency exchange rate movements;
b) aware that the main risk facing every Internet user, including the Pioneer of electronic services, is that some third parties may take control over the Pioneer’s device or in some other way take possession of personal data in order to gain access to the Pioneer’s account on the Platform and, as a consequence, steal the Pioneer’s financial means; the responsibility for the above-mentioned potential events rests solely on the Pioneer, who is not entitled to make any related claims against Tecra.
c) aware that Tecra is a global platform and some of the offers presented on the Service may be seen as securities in some countries and non-securities in others. In regards to Citizens and Residents of the United States (“the Citizens”), any token that might be interpreted as security according to Howey Test and/or other regulations and soft law will only be available to accredited investors (an accredited investor under U.S. standard is any investor meeting criteria determined by the SEC under Rule 501). Non-accredited investors are prohibited from investing in any of the securities offerings on the Site. Prior to investing, Citizens may be asked to fill out a certification and provide necessary documentation as proof of Citizens income and/or net worth to verify that they are qualified to invest in offerings posted on this Site. Citizens acknowledge and agree that all information they provide for the registration is complete and accurate. Under universally binding law, a cryptocurrency and tokens offered on the Service are not a financial instrument nor an electronic payment instrument nor securities.
§2 Technical condition of using the Service
1. The Pioneer bears full responsibility for ensuring technical compatibility between his or her computer hardware, terminal equipment, the IT system or telecom system and the Service.
2. When updating the Service in connection with modifications resulting from technological changes, Tecra will notify the Pioneer on this fact by means of an e-mail sent to the address recorded on the Platform or by posting a message in a visible Service. Change of the technical requirements is not considered a change of the Regulations, unless it prevents Tecra from providing the service to the Pioneer.
3. Tecra reserves the right to suspend or terminate rendering of individual functionalities of the Service for the purpose of maintenance, inspection, or upgrading the technical base, if that proves to be necessary to ensure stability and safety of the Service operation. Tecra will do everything in its power to warn Pioneer in advance and will specify the date and time of the necessary maintenance break.
4. Tecra reserves the right to limit access to selected or all functionalities of the Service as may be required by the law of the area where the particular Pioneer is based.
5. The Service uses the software technology available in the client-server architecture. A client of a given cryptocurrency is an open-source multiplatform application which communicates with the given network over the Internet. Tecra is not responsible for any wrong operation on the side of the Pioneer’s cryptocurrency.
§3 Account Registration and KYC requirements
1. The Service is provided to:
a) Natural persons with full legal capacity (i.e. individuals aged 18 years or more who have full legal capacity),
b) Other entities which enjoy legal capacity under other relevant laws, have accepted the Regulations,
2. The Service is concluded by clicking the button: ”Create Account” during the Registration of an account on the Platform. Registration of an account on the Platform signifies acceptance of Regulations.
3. Pioneer can browse the Website without registering for an account. But to use the Platform functions Registration is needed: choose an email and set a password. Business accounts should provide additional data described under Registration. The information obtained during Registration has to be accurate and complete. Pioneer may stop using the service at any time and with immediate effect on terms described in these Regulations.
4. The Pioneer is obliged to protect his passwords, email accounts, and data necessary to log in to the Service and, in particular, this data must not be released to any third parties.
5. To access the full functionality of the Pioneer’s account, the Pioneer must identify him or herself by:
a) (if the Pioneer is a consumer and created personal account) providing the details of a document confirming the Pioneer’s identity, plus his or her first name and surname, citizenship, address of residence, country of birth, fiscal residency, any important political position held, phone number, date of birth, and personal identification number.
b) (if the Pioneer is a corporation) submitting a scan of an extract from the corporation’s entry in the Trade Register, information on the type of business activity performed, a scan of the document confirming the allocation of a Tax ID and statistical identification number if such numbers are not shown in the extract from the entry in the Trade Register, as well as details of a document confirming the identity of the person authorized to represent the Pioneer that person’s first name and surname, citizenship, address, fiscal residency, country of birth, any important political position held, phone number, date of birth, and personal identification number. Persons representing the Pioneer who are not Citizens and have no personal identification number should provide the equivalent identification number or submit a statement that they have no personal identification number allocated. The Pioneer is also obligated to provide the above-specified information about all the actual beneficiaries of the Pioneer, down to the identities of natural persons.
6. Furthermore, the Pioneer must, for verification purposes, deliver to Tecra officer a document confirming his identity in the form of a .jpg or .png scan or image sent by means of a form on the Platform. The scan/image of the identity document must meet the following requirements: the data and information on the document must be clear, all edges of the document must be visible and none of them may be obscured. The file must show no trace of any digital processing (e.g., no removal of any element from the image with a graphic editing programme). Tecra may ask the Pioneer to deliver a photograph of an identity document showing the Pioneer’s face and document in the same frame (selfie) or it may ask for contact over the telephone or a video communicator (e.g. Skype, Google Meet).
7. The verification of the address of the Pioneer or representative may be completed based on a .jpg or .png image of an invoice (e.g., water, electricity, or other utility bill) an agreement with an institution of public trust, an official letter, a bank statement, confirmation of bank transfer from a financial institution containing the Pioneer’s address data, name and surname, and the date of issue (not older than 6 months).
8. To ensure proper verification and analysis of the Pioneer so as to prevent financial fraud, Tecra has the right to scan open information sources available on the Internet and to perform metadata analysis.
9. Tecra obeys the European and national AML/CFT laws, sanctions lists and guidelines issued by relevant international, EU and national competent authorities. The use of services offered by Tecra by the Pioneers is an acknowledgement of acceptance of the relevant application of the above regulations.
Pioneer is responsible for all the activity on their accounts. If Pioneer finds out that someone used a Pioneer account without permission, Pioneer should report it to [email protected].
10. Pioneer identification and identity verification does not oblige Tecra to establish a business relationship or guarantee the availability of the Services.
11. Identification and verification of the establishment of a business relationship by infotechnology shall be deemed to have failed if:
a) the natural person or the representative of the legal person has intentionally provided information that is not consistent with the person's identification data compiled with the data used in the verification process,
b) in the course of identification, questionnaire or interview, the session expires or is interrupted or the flow of information transmitting the synchronized sound and image is of insufficient quality (e.g. the data of the identity document cannot be read),
c) there are circumstances which indicate a suspicion of money laundering or terrorist financing.
§4 Termination of the Service Agreement
1. The Pioneer may stop using the Service and terminate the Regulations at any time and with immediate effect on terms described in the Regulations.
2. The Service Agreement is terminated:
a. at the Pioneer demand with immediate effect.
b. by Tecra in situations described in the Regulation,
3. A necessary condition for Pioneers-initiated Regulations termination is the settlement of account balances of all Pioneer portfolios in the Platform to 0 (zero).
4. Having met the condition defined in Section above, the Pioneer may terminate the Regulations by giving notice in an email sent to the following address: [email protected].
5. Termination of the Regulations by the Pioneer results in cancellation of the Pioneer account, after which logging in to the Pioneer account will not be possible. In this case, the data submitted by the Pioneer will be deleted from the Service, unless relevant law dictates otherwise. Tecra is obliged, by the tax law and the law on counteracting money laundering and financing of terrorism, to store the Pioneer settlement details after termination of the Regulations for a period defined in that law.
6. The Pioneer may not carry out any illegal operations when using the Service under the threat of account suspension, in particular:
a) using the Service for purposes which are directly or indirectly unlawful, or which violate the Regulations, the rules of community life, or generally accepted practices;
b) using the Service in a way which violates the rights of Tecra, the law, or the rights of any third parties;
c) providing to the IT system or to Tecra any data which: cause interruption of work or overloading of the IT system of Tecra or third parties that directly or indirectly, take part in the rendering of the Service or in other ways violate the law, the Regulations, the property of Tecra or any third parties, the rules of community life, or generally accepted practices. Distributing software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware or equipment on the Service.
d) Breaking the law. Pioneer can’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty that Pioneer has toward anyone.
e) Posting false, misleading or inaccurate information is prohibited.
f) Offering prohibited items. Pioneer can’t offer any rewards that are illegal, violate any of Tecra policies, rules, or guidelines, or violate any applicable law, statute, ordinance or regulation.
g) Threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
h) Distributing unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Run mail lists, listservs, or any kind of auto-responder or spam on or through the Service.
i) Abusing other Pioneer personal information. Pioneer, especially if they create a successful project — may receive information about other Pioneer including things like names, email addresses and postal addresses. This information is provided for the purpose of participating in a Tecra fundraise and using it for other purposes is prohibited.
7. Additionally if the Pioneer have materially violated the Regulations, Tecra’s rights, third party rights, the rules of community life, or good practices, Tecra is free to terminate the Regulations.
8. Tecra may retain certain information as required by law. All provisions of this Agreement survive termination of an account, including Tecra’s rights regarding any content Pioneer already submitted to the Service. (For instance, if Pioneer launched a project, deleting Pioneer accounts will not automatically remove the project from the Service.) Pioneer can contact Tecra at [email protected] for additional information or to request project page deletion.
9. Tecra may temporarily stop service delivery to the Pioneer when suspicion occur that the law, the Regulations, the rights of Tecra, third party rights, the rules of community life, or good practices have been substantially violated for as long as it may take to clarify whether such a violation has in fact taken place and whether this violation was in fact substantial.
10. If the law has been broken or if the Pioneer was not correctly identified or verified during registration, the Regulations can be immediately terminated.
11. Termination of the Regulations under Section above takes place with a 7-day notice, whereby Tecra stipulates that during the notice term, service delivery and the Platform functionalities available to the Pioneer whose Account has been terminated may be limited solely to the ability to withdraw cryptocurrencies from the Pioneer’s account.
12. Given that Tecra is an entity providing the service of exchanging virtual and fiat currencies, it is obliged to comply with legislation on counteracting money laundering and terrorism financing, especially USA and EU regulations. Therefore, Tecra is entitled to terminate the Agreement whenever the Pioneer uses the Service in a way contradictory to the law on preventing money laundering and terrorism financing, or when the Pioneer is in breach of the company’s relevant internal regulations described in the Regulations.
13. The Pioneer who were not correctly identified or verified will have their Registered Account terminated with immediate effect on the grounds of Section herein above.
14. A temporary stoppage in rendering the service limits the Pioneer access to the Platform until Tecra clarifies whether a violation of the law, the Regulations, the rights of Tecra, the rights of third parties, the rules of community life or good practices was a real fact and whether it was substantial.
15. The termination of the Regulations with immediate effect and the expiry of the notice period completely deprived the Pioneer of the possibility to use the Pioneer’s account. In order to withdraw funds from the Pioneer’s account on the Platform, the Pioneer must contact the Tecra Support Department at the e-mail address email@example.com within 14 days after the contract termination date.
16. Pay-out of funds present on the Pioneer’s account in both fiat currency and cryptocurrency will be made as ordered by the Pioneer providing that the refund should be made, respectively, to a bank account or portfolio which belongs only to the Pioneer, following prior identification and verification.
17. If the Pioneer fails to place an order to withdraw funds present on the Pioneer’s account within the period defined in Section 45 above which has passed after termination of the Registered Account , the funds are converted into an interest-free deposit.
18. Service Agreement termination with immediate effect may cause the deletion from Tecra’s IT system of all the data entered into the system by the Pioneer unless:
a) the relevant law dictates otherwise, or
b) the removal of all the data entered by the Pioneer from Tecra’s IT system is impossible due to the type of service.
19. Tecra warns the Pioneer that in a situation where Tecra has terminated a Registered Account on the grounds of the provisions of the Regulations, it will not enter into any business relations with the Pioneer involved again, and will not conclude a new Account Registration with that Pionner, and the possibility to register a new account on the Platform will be blocked.
20. Tecra will have the power of preventing (blocking) access to data entered into Tecra’s IT system by the Pioneer in the following situations:
a) after receiving official notification that the stored data or operations related to it are illegal,
b) after obtaining a reliable report or information that the stored data or operations related to it are illegal.
21. In the case mentioned in Section 49 of the above, Tecra will immediately notify the Pioneer of its intention to close (block) access to data. The notification will be delivered to the email address or telephone number indicated by the Pioneer and confirmed during registration or, if these were changed by the Pioneer after registration, to the updated and confirmed email address or telephone number.
22. If Tecra receives from any state agency of any European Union member-state or any other institution established by international agreement to which United States is a party any decision which imposes a duty to freeze the Pioneer’s funds or cryptocurrencies kept on the Pioneer’s account or to put them into a deposit account of that agency or institution, the Pioneer's account will be suspended and the funds present on it will be moved to the above mentioned account or their withdrawal will be blocked until a new court decision or judgment finally resolves the issue of the frozen funds. The same consequences will follow a blockade of the bank account in which Tecra’s funds are kept on the grounds of any order issued by one of the above-mentioned agencies or institutions. In that situation, Tecra will, within 14 days of the blockade, notify the Pioneer of the reasons why access to funds has been denied, unless such notification is unlawful. Tecra, at the explicit request of competent organs or agencies, and after receipt of the relevant documents, will have the right to disclose the Pioneer's data to the above-mentioned institutions.
23. It is acceptable to replace the entity which provides the service with another entity associated with Tecra in order to ensure continuous rendering of the service in line with the Regulations. A change of the service providing entity will take place in conformity with the law. Such change of the service provider must not trigger modification of the Regulations into ones less beneficial to the Pioneer. If a change of the service providing entity referred to in this paragraph takes place, the entity which has provided the service so far ceases to be a party to the agreement signed with the Pioneer and stops providing the service to the Pioneer.
24. Whatever the procedure of terminating the agreement, the Pioneer may withdraw all funds gathered in a fiat currency and in the cryptocurrencies listed in the Pioneer portfolios on the Platform, in line with the principles set forth in the Regulations.
§5 Rules of Tokenization
1. Tecra provides a tokenization platform for creative projects. Pioneer can launch tokenization - funding their project using the Platform (The Pioneer starting fundraising further is referred to as “the Startup”). When a Startup posts a project on Tecra, they are inviting other Pioneers to fundraising. Pioneer makes investment in the Startup using cryptocurrencies and fiats. Anyone who backs a project is accepting the Startup’s offer described in the rules of fundraising further referred to as: “White Paper”.
2. White Paper is concluded electronically through participation in the crowd offer and through the purchase of project tokens on the Platform, which are the sign that validates the concluded terms and conditions of fundraising.
3. Startups’ tokens are created by Startup when creating a tokenization on the Platform. The tokens are based on the Tecra blockchain and use the infrastructure built by Tecra. For more information on tokens, see technical paper on the Website.
4. The Startup can collect crypto and fiat currencies. Startup decides in which currencies the collection will be conducted. Startups are obliged to use cryptocurrency TECRA when fundraising on Tecra at a minimum of 5% of Startups fundraising. For all other cryptocurrencies, it is up to the Startup to decide in which currency it will accept payments.
5. Tecra is not responsible for exchange rate differences. In case of conducting collections in cryptocurrencies with a fluctuating exchange rate, Startup undertakes to cover the loss, if any, if the collection ends and the cryptocurrency price does not cover the collection amount.
6. Tecra offers collections in stable coins, which are cryptocurrencies based on a fixed exchange rate of the dollar or the euro, which offsets the exchange rate differences found on traditional cryptocurrencies.
7. In the event of a successful collection, funds will be transferred to the Startup within 7 days minus Tecra commission fee.
8. The estimated delivery is the Startup’s estimate. The month and year listed on each Startup’s estimate of when they will provide the reward, not a guarantee to fulfill by that time. The schedule may change as the Startup works on the project. Tecra asks Startup to think carefully, set an estimated backup, and milestones they feel confident they can work toward, and communicate with Pioneers about any changes.
9. The Startup may need to send questions about Pioneer reward. To deliver rewards, the creator might need information from Pioneer, like Pioneer mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, Pioneer will need to provide the information in a reasonable amount of time. Startups should not ask for personal information that is not necessary to provide Pioneer reward, and should never request sensitive personal information such as Pioneer Social Security number or payment information. Contact Tecra at [email protected] if Pioneer receives a request for information that seems inappropriate or excessive.
10. Tecra doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project Startup. Tecra doesn’t hold funds on Startups’ behalf, and cannot guarantee Startups’ work.
11. Tecra isn’t liable for any damages or losses related to use of the Services. Tecra doesn’t become involved in disputes between Pioneers, or between users and any third party relating to the use of the Services. Tecra doesn’t oversee the performance or punctuality of projects, and Tecra doesn’t endorse any content Pioneer submit to the Service. When Pioneer uses the Services, release Tecra from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content Pioneer access through the Services is at Pioneer's own risk. Pioneer is solely responsible for any resulting damage or loss to any party.
12. To protect the health and integrity of the Service and to help ensure that Pioneers and Startups enjoy a safe and secure environment, Tecra reserves additional rights:
a) Tecra can make changes to the Service without notice or liability.
b) Tecra has the right to decide who’s eligible to use the Service. Tecra may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of Service Agreement, Regulations or any other rules on the Service, Tecra may cancel accounts or decline to offer Service Agreement. Tecra can change eligibility criteria at any time. If these things are prohibited by law where Pioneer lives, then Tecra revokes Pioneer's right to use Tecra in that jurisdiction.
c) Tecra has the right to cancel any pledge to any Startup, at any time and for any reason.
d) Tecra has the right to reject, cancel, interrupt, remove or suspend any Startup fundraising at any time and for any reason.
e) Tecra is not liable for any damages as a result of any of these actions.
13. Tecra offers one type of tokenization:
a) all or nothing, i.e. the Startup receives funding after the minimum amount necessary for the project to succeed has been met (referred to as soft cap).
1. Creating a basic account on Tecra is free.
2. Premium accounts “Citizen Pass” on Tecra are paid. Detailed information about advantages and cost are described on the Service.
3. From each successful Startup fundraise Tecra collects a 7% fee.
4. In the event of an unsuccessful collection, funds will be returned to Pioneers within 7 days minus Tecra 1,5% commission fee.
5. Tecra will not collect any fees without giving Startup a chance to review and accept them. If Tecra fees ever change, Tecra will announce that on the Service. Some funds pledged by Pioneers are collected by payment providers. Each payment provider is its own company, and Tecra isn’t responsible for its performance and costs.
6. Every payment on the platform is subjected to a fee of 1.5% (min. 1 USD). Additional fees apply when using external payment providers (bank transfers, credit cards,) according to the provider’s pricing details and the chosen method of payment. The payments are also subjected to network fees (according to chosen cryptocurrency).
7. The same rules (see point 4-6) apply to processing payments during returning funds from unsuccessful fundraisers.
8. In case of unsuccessful fundraising, the funds are returned to the Pioneer within 7 days.
9. Pioneer is responsible for paying any additional fees or taxes associated with Pioneer use of Tecra.
2. Tecra processes the Pioneers’ personal data primarily in order to correctly perform the terms of the Regulations.
3. Tecra has the duty to protect the personal data of the Service users.
1. The Pioneer is responsible for any operations done after logging in with the log-in and password.
2. The Pioneer uses the service at their own risk. To the fullest extent permitted by law, in no event will Tecra, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages, resulting from Pioneer access to, use of, or inability to access or use the Services; for any lost profits, data loss, or cost of procurement or substitute goods or services; or for any conduct of content of any third party on the Site. In no event shall Tecra’s liability for direct damages be in excess of (in the aggregate) ten U.S. dollars ($10.00).
3. Tecra is responsible to the Pioneer for failure to render or inappropriate rendering of the Service according to the Regulations, and appropriate provisions of law, unless a failure to render or inappropriate rendering of the Service is caused by circumstances for which Tecra is legally not responsible.
4. Tecra is not responsible for the consequences of any failure to perform or inappropriate performance of liabilities other Pioneers may have assumed in relation to the Pioneer.
5. Tecra is not responsible for:
a) removal of data entered by the Pioneer into Tecra’s IT system via IT systems which are beyond the control of Tecra,
b) the consequences of releasing the log-in and password by the Pioneer to third parties,
c) the results of transactions conducted on the Pioneer’s account if they were ordered or carried out after logging into the Pioneer’s account with the Pioneer’s log-in and password,
d) the results of operations or inactivity of external operators or other entities providing services to the Pioneer as part of the implementation of the particular functionalities of the Service,
e) a delay in displaying the service on the Pioneer’s equipment caused by servers other than Tecra’s servers or by devices used by the Pioneer’s,
f) transaction registration time when charging the portfolios of the particular cryptocurrencies,
g) the Pioneer entering wrong data for payment or withdrawal of funds; if such an operation must be canceled, the Pioneer will be charged with the bank fee or service operator’s fee,
h) financial loss suffered by the Pioneer and caused by an inability to carry out transactions on the Service during a maintenance break,
i) the Pioneer’s financial loss caused by currency rate movements at the time when a particular transaction or the Pioneer’s account was blocked in line with the Regulations or at the demand of state organs,
j) problems or restrictions of technical nature, including the speed of data transmission by the computer hardware, terminal equipment, IT system, or telecom infrastructures which serve the Pioneer but prevent them from using the service,
k) consequences of the service being used by the Pioneer in a way contradictory to the relevant law, the Regulations, or the generally accepted rules of community life or good practices.
6. The Regulations apply taking into account the Pioneer’s rights under the consumer law.
7. Tecra is not responsible for any launched fundraisings and planned fundraisings or any other business interactions that have started before November 8th, 2021 at the Service.
8. Tecra holds the title to works, signs and trademarks available on the Service in the scope required to provide the Service.
9. Works, signs and trademarks available as part and in order to provide the service are under protection prescribed by the law.
10. The Pioneer has the right to use the works in a way defined by the law on fair private use. Any use going further than fair private use requires prior consent from the authorized entity.
§9 Intellectual property
1. Tecra may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When Pioneer access third-party websites, Pioneer do so at their own risk. Tecra doesn't control or endorse those sites.
2. Tecra partners with other companies for payment processing. When Pioneer backs or creates a project, Pioneer also agrees to the payment processor’s terms of service.
3. Tecra doesn’t own the content or IP of Pioneer submits to Tecra but Tecra does need certain licenses from Startups in order to perform the Regulations. When Pioneer submits a project for review, voting or a project, Startup agrees to these terms (further referred to as: “the Rights”).
a. Tecra can use the content that Startup has submitted. Startup grants to Tecra, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with Tecra respect Startup Rights. In general, Tecra uses these Rights to promote Startup and showcase Tecra community on the Service.
b. When Tecra uses the Rights, Tecra can make changes, like editing or translating the Rights. Startup grants Tecra the right to edit, modify, reformat, excerpt, delete, or translate any Startup Rights.
c. Pioneer can’t submit Startup that don’t hold the copyright for (unless Pioneer have permission). Startups Rights will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless Startup or Pioneer have permission from the rightful owner of the material, or Pioneer or Startup are otherwise legally entitled to post the material.
d. Any royalties or licensing on Startup Rights are Startup responsibility. Startup is obliged to pay all royalties and other amounts owed to any person or entity based on Startup Rights, or on Tecra’s hosting of that Rights.
e. If a Startup uses Rights, Startup is not violating anyone’s rights or copyrights. If Tecra or Pioneers exploit or make use of your submission in the ways contemplated in this Service Agreement, Startup promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
f. Startups are responsible for the stuff they post. All information submitted to the Service, whether publicly posted or privately transmitted, is the sole responsibility of the Pioneer from whom that Rights originated.
g. Tecra is not responsible for mistakes in Startups’ Rights. Tecra will not be liable for any errors or omissions in any Rights.
4. Tecra’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. Pioneer agrees to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Service. Pioneer also agreed not to change, translate, or otherwise create derivative works of the Service.
5. Tecra grants Pioneer a license to reproduce content from the Services for personal use only. This license covers both Tecra’s own protected content and user-generated content on the Service. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If Pioneer wants to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, Pioneer needs prior written permission from Tecra or the relevant copyright holder. A “commercial purpose” means Pioneer intends to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
§10 Complaint procedure
1. Whenever the Pioneer finds that Tecra services are not provided in line with the Regulations, the Pioneer may make a complaint in the following way:
A complaint can be made:
a) in electronic form by sending an e-mail to: [email protected];
2. A complaint should include:
a) the name (log-in) which identifies the Pioneer on the Platform,
b) the subject and circumstance which justifies the complaint,
c) the proposed way of settling the complaint.
3. Complaints are handled in the order in which they are lodged but not later than within 14 (fourteen) days for basic account and up to 48 hours for premium account. Whenever a complaint does not contain information necessary for its examination, Tecra will ask the Pioneer to add this information and the 14 (fourteen) day period will start running on the day on which the additional information is delivered. In justified cases Tecra may extend the time of examining the complaint by an additional 14 (fourteen) days and the person submitting the complaint will be notified of this fact. Whenever services provided by external entities are involved, the complaint handling time may be extended by the expected time of handling the complaint by that entity, about which the Pioneer will be informed. Data of such an external entity will also be released to the Pioneer.
4. The Pioneer submitting a complaint will be informed about the way of resolving the complaint in the same form in which it was submitted.
§11 Transaction security procedures
1. Whenever Tecra has a justified suspicion, especially a suspicion that funds or cryptocurrencies used in a transaction come from criminal activity, it reserves the right to freeze such a transaction or the Pioneer’s account and to report the justified suspicion to law enforcement and judicial authorities. This report is separate from other measures Tecra will take independently. Tecra has the right to keep the Pioneer’s account frozen until such doubts are cleared (e.g. by a new verification of the Pioneer) or until a respective decision comes from the competent authorities.
2. Whenever the Pioneer’s data stored on the Platform is found incomplete, incorrect, or outdated, Tecra will be authorized to require the Pioneer to undergo a new verification process described in the Regulations or to deliver additional documents as needed in the particular case.
3. Acceptance of these Regulations is equal to the Pioneer’s consent for Tecra to subject the Pioneer to the additional verification process.
4. In the case where doubts about the source of funds or cryptocurrency used in transactions are not resolved and additional verification fails to identify the Pioneer or if there is uncertainty whether the Pioneer’s declaration of will regarding the transaction is free of faults, Tecra will refuse to carry out the transaction.
5. Whenever—under circumstances referred to in Section 3 - Tecra has already accepted any transfers of money or cryptocurrency, it is allowed to freeze the transaction by depositing cryptocurrency on the blocked Pioneer’s account, on Tecra’s deposit account, or in a court deposit until the appropriate law enforcement and judicial authorities offer a final verdict saying who is the owner of the funds.
6. A delay in finalizing a transaction caused by its suspension or account blockage, or return of funds after blocking the transaction caused by measures taken in connection with the Pioneer’s operations which were found inconsistent with the Regulations or by measures taken by Tecra on the grounds of these Regulations (e.g necessity to carry out additional Pioneer verification) does not provide grounds for any claims against Tecra, especially, any claims for lost profits.
§12 Amendments to the Rules and Regulations
1. Tecra is authorized to amend the Regulations and such amendments become effective at a date set forth by Tecra. The amendment date may not come sooner than 7 days after delivering a modified version of the Regulations to the Pioneer.
2. Amendment of the Regulations must be communicated to the Pioneer by a letter sent to the e-mail address ascribed to the Pioneer’s account.
3. If the Pioneer does not accept the Regulations amendments, the Pioneer shall forthwith contact Tecra by or by an e-mail message sent to the following address: sup[email protected] in order to have the agreement terminated.
4. Modification of the Fees and the Payment Methods, is not considered to be an amendment to the Regulations.
§13 Applicable law
1. The law of Wyoming is applicable to the Pioneer-Tecra Service Agreements on services provided on terms set forth in the Regulations.
2. Any disputes related to the services provided by Tecra will be solved by the appropriate common courts.