1. Scope
These airdrop terms ("Terms") apply to the participation in the MYSO token("Token") airdrop, claimable by eligible participants ("you") under the website https://app.myso.finance/airdrop (together the "Airdrop").
These Termsform an integral part of the General Terms and Conditions available under https://www.myso.finance/terms-and-conditions. By accepting these Terms, you also accept the General Terms and Conditions without limitation or restriction, and the Airdrop constitutes a Service offered under the General Terms and Conditions. Furthermore, by accepting these Terms, you confirm that you have read, understood and acknowledged the MYSO Protocol Disclaimer relating to the access and use of the MYSO Protocol available here https://www.myso.finance/protocol-disclaimer. Defined terms have the meaning set forth in the respective document referenced.
These Terms are governed by substantive Swiss law (excl. CISG) and are subject to the exclusive jurisdiction of the ordinary courts at the seat of the Association.
2. Airdrop
BY IN ANY WAY PARTICIPATING IN THE AIRDROP, PARTICULARLY BY CLAIMING TOKENS, YOU AGREE TO THESE TERMS AND ANY DOCUMENTS REFERENCED HEREIN WITHOUT LIMITATION OR RESTRICTION. Furthermore, you understand, acknowledge and agree / confirm / represent and warrant/ covenant all of the following:
- You satisfy and comply with all legal and regulatory requirements according to any laws and regulations applicable to you concerning the participation in the Airdrop, the receipt of Tokens or any other actions contemplated under these Terms.
- You are not subject to any Prohibited Jurisdiction according to section 3 of the General Terms and Conditions . You will not use a VPN or other tool to circumvent any geoblock or other restrictions that the Association may implement. Any such circumvention, or attempted circumvention, may permanently disqualify you from participation inthe Airdrop.
- Any and all criteria and requirements for your eligibility to participate in the Airdrop and receiveTokens, the duration of the Airdrop, the allocation of Tokens claimable by participants, the mechanism to claim Tokens, and any other facet of the Airdrop are defined at the Association's sole and absolute discretion. The Association may, but is in no way obliged to, distributeTokens based on documentation, a points system, a user participation score or any similar mechanism introduced by the Association. Neither such a mechanism nor any other circumstances entitle you in any way to participate in theAirdrop and receive any allocation of Tokens.
- The Association may, at anytime, at its sole and absolute discretion, and without prior notification:
- change any facet of the Airdrop;
- suspend or terminate the Airdrop in whole or in part;
- change these Terms; and/or
- exclude any particular person or address from the Airdrop
in each case without you having any sort of remedy, claim, right or similar against the Association, including but not limited to any sort of remedy, claim, right or similar to further participate in the Airdrop or receive Tokens. - You are not allowed to engage in any activities that are designed to (i) circumvent any eligibility criteria and requirements, or (ii) obtain more Tokens than you are entitled to under the eligibility criteria.
- To participate in the Airdrop, you will need to connect a compatible third-party wallet software ("Wallet").The use of such Wallet may be subject to terms and conditions of respective third-parties, to which the Association has no relationship. No Wallets are associated with, maintained by, supported by, affiliated with, or endorsed by the Association, and the Association assumes no liability or responsibility whatsoever in connection with your use of any Wallets (in connection with theAirdrop or else). You understand and acknowledge that if you lose the private keys or other credentials to your Wallets, you may indefinitely lose access toToken claimable / claimed in the Airdrop (if any), and that neither the Association nor any other third-party may be able to restore access. The Association assumes no responsibility or liability whatsoever in connection with your use of a Wallet.
- By participating in the Airdrop, your Wallet is connected to a smart contract designed to verify your on-chain criteria to participate in the Airdrop (if any) and allow you to signa transaction to claim a respective amount of Tokens (if any) ("AirdropContract"). The Airdrop Contract is non-custodial, meaning that itdoes not grant the Association or any other third-party access to assets stored in your Wallet at any point. Interaction with the Airdrop Contract may be subject to gas fees (i.e., transaction fees) of the underlying blockchain network, which are solely borne by you. Failure to pay gas fees might result in you not being able to claim Tokens.
- Your interaction with the Airdrop Contract is entirely at your own risk. While the Association has used reasonable efforts to ensure that the Airdrop Contract is safe to use, you understand, acknowledge and agree that there might still be technical vulnerabilities, bugs, hacks or similar in connection with the Airdrop Contract that may result in you losing assets or incurring damages and/or cause other negative consequences for you. The Association is not liable to you for any and all such negative consequences caused by your interaction with the Airdrop Contract.
- There may be phishing attacks, impersonators and other malicious activities conducted by third parties, aiming to deceive you into connecting to fraudulent airdrop contracts, or otherwise exploiting you. You have sole responsibility to verify the authenticity and accuracy of any information related to the Airdrop, to ensure you connect your Wallets only to the Airdrop Contract, to refrain from otherwise sending assets to a third party or granting access to assets to a third party, and all similar measures taken by you in connection with the Airdrop. The Association is notliable to you for any losses or damages you may incur as a result of such activities.
- You are solely legally entitled to any assets on, and you are solely legally responsible for any actions associated with, the Wallet. Furthermore, you participate in the Airdrop and receive Tokens entirely in your own name and for your own account.
- If you are eligible to participate in the Airdrop, you may receive Tokens for free (except applicable taxes, if any) without transferring any assets or value to the Association orany other kind of consideration or service to the Association, and you have taken no previous particular action of or in reliance on receiving Tokens or participating in the Airdrop.
- The Tokens you receive (if any) may be subject to a lockup mechanism (including a cliff, unlocking schedule,and similar), to be defined and amended in the sole and absolute discretion ofthe Association at any time prior to or after concluding the Airdrop. While such lockup mechanism (if any) is active, you may not (i) transfer the Tokens (which may be enforced on a technical level), and (ii) sell or promise to sell the Tokens to a third party or otherwise dispose of the Tokens in a similar manner without the Association's written consent.
- The Tokens are cryptographic tokens to be implemented in a smart contract (ERC-20) on the Ethereum blockchain (and potentially other networks). The Tokens may provide certain utility and functionality in connection with the MYSO Protocol, under technical, economical, legal and other limitations as may apply. The Association retains the right to (if technically possible and under the limitation that theAssociation does not control the MYSO Protocol), in its sole and absolute discretion, add, change or modify the utility and functionality attributed to the Tokens at any time. Any potential description of the Token in any sort of whitepaper, documentation, on social media or else is purely indicative, entirely subject to change and does not grant you any sort of right or claim towards the Association.
- The Tokens (i) do not conferor represent any right of any form, including but not limited to any equity orownership, voting, distribution, redemption, liquidation, intellectual property, participation, or any sort of right to receive future revenues,profit shares, or similar, (ii) do not create or confer any enforceable contractual or other legal obligations against any person or entity (including, but not limited to, the Association, any of the directors, team members, founders, developers, employees, auditors, other contractors, and similar persons associated with the MYSO Protocol, MYSO project or the Association),(iii) are not any kind of loan, investment, or other form of participation in the Association or the MYSO Protocol or the MYSO project; and (iv) are not intended to be used as a means of payment or similar.
- Neither these Terms nor the Token grant any sort of claim or right to a refund (and no assets potentiallytransferred to the Association at any point are protected by a depositorinsurance scheme or similar of any sort), and the Association is not subject to oversight by the Swiss Financial Market Supervisory Authority (FINMA) or any other (foreign) regulatory authority and no regulatory approval has been or will be obtained relating to the actions contemplated under these Terms.
- Neither these Terms nor any other document published by the Association constitutes a prospectus or offer document of any sort and/or is intended to constitute an offer of securities or any other form of investment, or a solicitation for any form of investment, either under the Swiss Financial Services Act nor under the laws and regulations of any other jurisdiction, including but not limited to, the United States of America. The Tokens have not and will not be registered under the U.S. Securities Act of 1933 (as amended), and Tokens are not offered, sold, transferred in the United States of America or to U.S. Persons, except pursuant to a valid registration statement or exemption.
- You have had the opportunity to be advised by legal, tax and other professional regarding all aspects of theseTerms, the Airdrop and any associated action contemplated. You have sole responsibility to determine if your receipt of the Tokens, the potential appreciation or depreciation in the price of Tokens over time, the sale and purchase of Tokens, and/or any other action or transaction related to theTokens has tax implications for you. You are solely responsible for reporting and paying any applicable taxes arising from the Airdrop and all related transactions.
- Participation in the Airdrop, as any interaction with blockchain technology, is inherently risky, and due totechnical errors, bugs, hacks, lack of user experience and knowledge, general risk of fraud and other malicious activity in the space by third parties, legal, regulatory and tax uncertainty, there is a high risk that participation in the Airdrop may have negative consequences for you, including but not limited to,the loss of assets. You participate in the Airdrop entirely at your own risk,and you are aware of, acknowledge and accept any and all risks with your participation in the Airdrop.