TERMS & CONDITIONS

1 DEFINITIONS

The following terms shall be understood as follows:
1. Regulations – these Regulations, specify, in particular, the principles of this initial coin offering with or through the Website as well as the principles of performance of the initial coin offering, the rights and obligations of the Service Provider and the Investor, and the principles of complaint procedure;
2. Service Provider – Blue Horseshoe Foundation, Inc.– a company incorporated per the laws of the state of New York, bearing a state charities number 40-61-83 with a registered EI 51-0497256 located at 42 Broadway, 12th Floor, New York, NY 10004.
3. Cryptocurrency – a transferable property right that is considered in this document to be legal tender, electronic money, and a financial instrument.
4. Investor– an entity that contributes fiat currency for the purpose of conversion into the cryptocurrency utility token Cottin in anticipation of future capital gains.
5. Consumer – a natural person using the Website in a manner not directly related to its business or professional activity;
6. Service – providing Investors with an electronic platform for the exchange and/or conversion of the cryptocurrency Cottin, information about the cryptocurrency Cottin, and all concluding transactions of fiat currency and Cottin, as well as other actions of the Service Provider, enabling the operation and use of the Website;
7. Service Contract – the contract concluded between the Service Provider and the Investor, by acceptance of the Regulations by the Investor, which defines the principles of using the Services provided by the Service Provider by the Investor, the content of the Service includes: Regulations, table of fees and pricing posted on the Website in tab “fees”, KYC / CDD policy, privacy policy;
8. Website – the Service Provider’s webpage operating under the domain bluehorseshoe.org with all its subpages and tabs;
9. Transaction – the contract of conversion of the Cryptocurrency in exchange for fiat currency, concluded by Investors through the Website, as well as deposits and withdrawals made by the Investor;
10. Account – the Investor’s account created on its order based on its personal data provided by the Investor and constituting a collection of data stored in the Service Provider’s Website and IT system concerning a given Investor, services provided for him/her, as well as the ordered, executed Transactions and concluded contracts;
11. Login Details – data given or determined by the Investor (including password and OTAC) enabling it to access the Account;
12. Fiat Currency – traditional currencies, i.e. those commonly recognized by governments as legal tender.
13. AML / CTF risk assessment – evaluation as to whether transactions, behaviors, or an Investor create risks of laundering funds originating from illegal activities or financing of terrorism; performed by Service Provider, also with support from external service providers; as a fulfillment of the obligation set forth guidelines published by international organizations and binding provisions of law.
14. Delisting – removal of possibility to convert Fiat Currency or Cryptocurrencies on the Website. Delisting shall not constitute a change of the Service Contract.

2 DECLARATIONS AND BASIC INFORMATION

1. The Services are provided by the Service Provider a legal entity of state of New York. The Service Provider is not a registered, regulated financial institution subject to State supervision.
2. The Investor is obliged to establish legal regulations specifying his/her tax obligations and methods of payment to the right tax office authority. Service is not responsible if and how the transaction is taxed.
3. Safekeeping, safety, and using Investor’s cash funds which are deposited on the Account are the responsibility of the Service Provider except in circumstances of cyber data breach and cyber theft. Service Provider will utilize any and all security measures necessary to protect Investor’s conversion, but in the event of a breach or theft, Service Provider is not responsible for restitution to Investor.
4. The Investor acknowledges that Transactions are executed on the Website with Service Provider except where the description of the service offered on the Website explicitly states otherwise (for example as with OTC transactions).
5. The Investor should consult with an attorney, financial advisor, or other investment professional to determine what may be best for his or her individual needs. Service Provider does not make any guarantee or other promises as to any results that may be obtained from using its content.
6. Buying and selling cryptocurrencies involves inherent financial risk and no one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence.
7. To the maximum extent permitted by law, Service Provider disclaims any and all liability in the event any information, commentary, analysis, opinions, advice, and/or recommendations prove to be inaccurate, incomplete, or unreliable or result in any investment or other losses. The investor’s use of the information on the Website or materials linked from the Website is at his or her own risk.

3 TYPE AND SCOPE OF THE SERVICES

1. Services provided by the Service Provider through the Website consist in providing the Investors with an electronic platform for converting fiat currency into the Cryptocurrency utility token Cottin, for the purpose of future capital gain.
2. For proper use of the Website, it is necessary to have a device with Internet access supported by a web browser (e.g. Chrome, Mozilla) and access to JavaScript and Cookies files in the browser.
3. The Service Provider is entitled to introduce changes in technical and technological requirements necessary to use the Website by providing information about such a change to the Investor’s e-mail address provided during registration of the Account. A change in technical or technological requirements does not constitute a change of the Regulations.
4. Services are provided exclusively for the benefit of:
a) natural persons with full legal capacity, i.e. those over 18 years of age and who have not been entirely or partially incapacitated;
b) other legal entities with legal capacity on the basis of separate provisions.
5. Services are provided for no fee.

4 TERMS AND CONDITIONS OF THE SERVICE CONTRACT

1. One of the conditions enabling the use of the Services by the Investor is to set up an Account on the Website – for this purpose, the Investor is obliged, among others, to:
a) given e-mail address to which it has exclusive access;
b) a password of its choice (known only to the Investor) meeting the requirements of the Website;
c) read and accept the Regulations, if their acceptance is required by the Service Provider;
d) complete other technical activities and give additional data required by the Service Provider, including the configuration of apps provided by third parties (for example Google Authenticator)
2. In the case of Accounts created for entities other than natural persons, the Investor must be entitled to represent them. In that case, Investor provides its own data, the personal data of the management board of that entity, and its actual beneficiaries.
3. Specific technical requirements to set up an Account as well as required information and documentation may be subject to changes and be different for other Investors depending on AML / CMF risk assessment.
4. The Investor is obliged to provide real, current, and complete data required by the Service Provider. The Investor is responsible for the consequences of providing incorrect, outdated, or incomplete data.
5. The Service Provider shall refuse to register an Account for the User when:
a) Investor is a citizen, resident, or from a country where, according to the information published on the Website, due to actual legal regulations or AML / CMF risk assessment, Services are not provided by Service Provider;
b) registration is attempted or made using software preventing determination of a country from which it is made;
c) data given by the Investor has been used before for creating another Account;
d) it is recommended by AML / CTF risk assessment.
6. The Service Contract is concluded for an indefinite period of time.
7. The investor accesses their individual Account by logging into the Website using Login Details.
8. The investor is obliged to take appropriate measures to prevent third parties from accessing the Account and Login Details. Making the Account or Login Details available to third parties is prohibited and occurs at the sole risk of the investor. In such a case Service Provider will terminate the Service Contract.
9. The investor can open, have, and use only one Account on the Website.
10. In order to undertake the activities described above, the investor must verify the Account. Conditions and scope of the verification, as well as the scope of Services available for the investor (including deposits and withdrawal of funds), is published and updated on the Website and may be subject to changes. The change of the list mentioned above shall constitute a change of the Service Contract
11. During the verification process the investor may be obliged to complete the procedure of verification of the identity and authenticity of the data he provided, performed by a professional third party, in particular through video verification based on photographs or video materials in accordance with procedures implemented by such entity.
12. The Service Provider may demand to submit additional documentation, information, or explanation, as well as refuse to verify the investor due to the insufficient credibility, incompleteness of the data or documents provided by the investor, or due to the results AML/ CTF risk assessment.
13. The duration of the procedure for verification of the identity and authenticity of the data provided as well as the duration of the AML / CTF risk assessment depends on the current capabilities of the Service Provider and of third parties, therefore the Service Provider does not guarantee and is not responsible for the duration of such activities or positive result thereof.
14. After a failed verification attempt, the Service Provider may refuse to re-verify the same entity.

5 TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

1. The investor acknowledges that the Service Provider does not guarantee the investor any profit in connection with the use of the Website.
2. The investor agrees not to perform any actions through the Website that violate: the provisions of these Regulations, guidelines published on the Website, the Website policy, legal provisions, or good morals.
3. The investor agrees to use the Website solely for its own personal use, in its own name, and on its own behalf.
4. The investor agrees to use the Website in a good faith, in particular, to immediately notify the Service Provider of any errors observed in the Website software and to refrain from using any errors observed in the Website software to the detriment of the Service Provider or other investors. Transactions executed in breach of this section shall be canceled or revoked and the investor shall not be entitled to any claims.
5. The Service Provider indicates that it can, at any time, at its sole discretion, perform an AML / CTF risk assessment of the user, his or her behaviors, or transactions.
6. The investor agrees to provide all information, materials, and documents that the Service Provider will require from it in connection with the AML / CTF risk assessment. In case of a breach of this obligation, the Service Provider shall be entitled to refuse to execute or to suspend the execution of the Transaction as well as to stop deposits and withdrawals of Fiat Funds and Cryptocurrencies.
7. The Service Provider has the right to refuse to process the investor’s transaction in response to a request of state authorities.
8. The Service Provider reserves the right to refuse to make or withdraw any purchase, sale, or exchange of the Cryptocurrency at its own discretion, even after the funds have been withdrawn from the investor’s account(s) in the following situations:
a) when the Provider suspects that the Transaction may (or may be likely to) involve money laundering, terrorist financing, fraud, or any other criminal offence;
b) in response to a subpoena or other order from State institutions or bodies;
c) if the Service Provider reasonably suspects that the transaction is the result of an error;
d) if the Service Provider suspects that the Transaction is made in breach of the Regulations or other terms and conditions regulating the use of the Services, published on the Website;
e) when the Transaction is made by a resident of a country from a current list of countries with exclusive access to the Services published on the Website.
In such cases, the Service Provider shall not be obliged to reinstate the Transaction at the same price or under the same terms and conditions as the canceled Transaction.
9. The Service Provider reserves the right to monitor, review, retain or disclose to authorized entities any information necessary to comply with applicable legal provisions, including in particular the prevention of money laundering and terrorist financing.
10. Change of investor’s e-mail address, due to security matters and due diligence for know your customer (AML) principles may only be submitted in writing. The document with the investor’s e-mail change request needs to have a handwritten signature and it needs to be sent from a post office in your residential area, that will match the address given on the Website, to the address of the service provider headquarters.
11. The investor is obliged to inform the Service Provider about any changes of data he or she provided to the Service Provider within 3 days since the change has occurred.
12. The Service Provider has the right to perform periodical investor’s data verification, in particular by requesting him or her to submit documentation, explanation, and information. If the investor will not satisfy the Service Provider’s request, Service Provider shall be entitled to refuse to execute or freeze the transaction as well as to stop deposits and withdrawals of Fiat Funds and Cryptocurrencies.
13. Investor has the access to the information he provided and can change them at any time.
14. The investor acknowledges and consents to the fact that Cryptocurrencies and Fiat Funds he or she converts are placed in escrow.

6 TRANSACTIONS

1. Transaction execution is possible for an investor who:
a) has registered and verified the Account on the Website, and Transaction is within the limits of completed verification;
b) logged into his or her Account;
c) made a deposit of Cryptocurrencies or Fiat Funds in accordance with the instructions available on the Website;
d) submitted an instruction to execute a Transaction with no doubt;
e) performed an assessment of the risk of AML / CTF does not indicate any contraindications to the implementation of the Transaction.
2. The instruction to execute a Transaction shall be submitted by specifying all required parameters of the Transaction, such as, in particular, the price and quantity of the Cryptocurrency to be acquired or sold.
3. Submitting an instruction to execute a Transaction blocks the investor’s funds in an appropriate amount.
4. The Service Provider may limit the possibility of executing a Transaction by introducing or modifying the minimum or maximum amounts of Transactions for particular Fiat Funds or Cryptocurrency. The minimum value of a single Transaction is determined and published on the Website.
5. Under no circumstances shall a Transaction (including the fee) be executed in excess of the value of funds held.
6. Execution of a Transaction is final. Investors cannot demand returning or exchanging of Cryptocurrency or Fiat Funds, which were bought or purchased using the Website until after the initial coin offering is complete.

7 DEPOSITS AND WITHDRAWALS OF CASH FUNDS AND CRYPTOCURRENCIES

1. The minimum and maximum value of deposits, payments, and withdrawals of Fiat Funds and Cryptocurrencies are specified in the marketing of the initial coin offering and published on the Website in the “phases” section, as well as different tiers of Investor’s verification.
2. The Service Provider shall implement the withdrawal of the Fiat Funds or Cryptocurrencies to the accounts belonging to and indicated by the Investor upon completion of the initial coin offering. Information about the owner of the bank account used for withdrawals of Fiat Funds has to be identical to those provided to the Service Provider as personal data of the Investor.
3. Service Provider shall not be liable for damages or any loss incurred by the Investor in connection with the Delisting of Cryptocurrency or Fiat Fund (and deposits made in accordance with § 7 point 8 above) or delisting of trading pairs.

8 THE SERVICE PROVIDER’S RIGHTS RELATED TO THE IMPLEMENTATION OF A TRANSACTION AND RELATED TO THE OPERATION OF THE WEBSITE

1. The Service Provider is entitled to additional rights in case it suspects that the Transaction ordered by the Investor or any other activity of the Investor within the Website may be related to committing a crime, money laundering, terrorist financing, violation of the provisions of the Regulations, legal provisions or good morals:
a) the right to terminate the Investor Account;
b) the right to refuse or stop the execution of the Transaction;
c) the right to withdraw the Transaction executed;
d) the right to perform additional verification of the Investor by requesting the presentation of relevant documents or information.
2. The Service Provider is entitled to block the right to execute Transactions and deposit or withdraw of Investor Cryptocurrencies and Fiat Funds if:
a) legal regulations obliged Service Provider to do so;
b) it is justified with AML / CTF risk assessment;
c) Investor has not respected his duty to present additional, unambiguous documentation or information on the demand of Service Provider due to the Regulations;
d) Investor country of stay, country of citizenship, or country of residence, is on the list of countries excluded from providing Services in accordance with the information published on the Website.
3. Due to the necessity of ensuring safety and the highest quality of the Services provided, the Service Provider is entitled to the following rights:
a) the right to suspend the activity of the Website for the time of updating the software or for the time needed to repair the technical failure – if this is possible in a given case, the Service Provider will notify the Investor via email about the planned technical interruption, sufficiently in advance;
b) the right to discontinue the provision of the Services within a specified geographical area or within all geographical areas;
c) the right to exclude certain types of Transactions from;
d) the right to withhold the possibility of registering new Investors.
4. The Service Provider may exercise several of the rights specified in this paragraph 8 simultaneously.

9 COMPLAINTS

1. The Investor has the right to submit a complaint in connection with improper operation of the Website, including improper implementation of Transactions.
2. A complaint may be reported by sending an e-mail to the address provided by the Service Provider on the Website, via the Website or in writing to the address of the Service Provider’s registered office.
3. A complaint shall include:
a) data enabling identification and contact with the Investor;
b) a description of the action or omission in question;
c) the manner in which the Investor would like the Service Provider to consider the complaint;
d) any other information the Investor considers relevant.
4. Within 1 working day (which includes any day other than a Saturday, Sunday, or public holiday in the United States), acceptance of the complaint for consideration will be confirmed by the Service Provider.
5. Complaints will be considered on the basis of information provided by the Investor.
6. Complaints shall be considered immediately, but not later than within 15 working days (which includes any day other than a Saturday, Sunday, or public holiday in the United States) from the date of delivery of the complaint to the Service Provider. Within this period, the Service Provider will propose via e-mail or the Website:
(i) to accept the complaint in the manner requested by the Investor;
(ii) to reject the complaint together with the reasons for such a decision; or
(iii) alternative handling of the complaint.
7.If the complaint is more complex and cannot be solved within 15 working days from receipt of the complaint, the Service Provider will inform the Investor about the causes of the delay and provide information about the projected time necessary to respond to a compliant.
8. After receiving the proposal specified above, the Investor has 20 working days (which include any day other than a Saturday, Sunday or public holiday in the United States) to accept or reject the Service Provider’s proposal. Failure to reply within the above deadline shall be deemed a withdrawal of the complaint and it shall be assumed that the Service Provider does not bear any responsibility towards the Investor in relation to the subject matter of the complaint. Acceptance or rejection of the Service Provider’s proposal by the Investor after the deadline may be treated by the Service Provider as submitted on time.
9. If the Investor rejects the Service Provider’s proposal within 20 working days (which includes any day other than a Saturday, Sunday, or public holiday in the United States), the Investor is entitled to submit a justification for rejection – in such a case the procedure described in sec. 2-6 shall be applied accordingly. Failure to state reasons for such rejection within the aforementioned period shall be deemed to constitute withdrawal of the complaint and it shall be assumed that the Service Provider does not bear any responsibility towards the User in relation to the subject matter of the complaint.
10. An offer of the alternative handling of the complaint described in sec. 6 point (iii) above, shall be binding for the Investor only if it accepts its content by following the instructions provided by the Service Provider within the time limit set. No offer under paragraph 9 shall constitute an acknowledgment by the Service Provider of any misconduct or responsibility related to the subject matter of the complaint. Each acceptance by the Investor of the offer of alternative handling of a complaint shall constitute an acceptance that the complaint will be resolved in a specified manner and an obligation that the Investor waives all claims resulting from it.

10 INTELLECTUAL PROPERTY

1. Cottin, Ilycoin, and Blue Horseshoe Foundation are registered trademarks.
2. All graphics, animations, texts, and other content, including functionality, distribution, and location of specific elements used on the Website are law-protected copyright works.
3. The Investor is entitled to use the works within the scope of permitted private use provided by legal provisions.
4. Use beyond the permitted private use requires the prior consent of the Service Provider.

11 EXCLUSION OF THE SERVICE PROVIDER’S LIABILITY

1. In particular, the Service Provider shall not be liable for:
a) losses incurred by the Investor resulting from external third-party Transactions;
b) consequences related to the loss or making available of the Login Details by the Investor to third parties;
c) incorrect entering of data by the Investor into deposit or withdrawal of the Fiat Funds or Cryptocurrencies;
d) effects of events beyond the Service Provider’s control, i.e. software errors, interruptions in the Internet access, power cuts, hacking attacks (despite maintaining adequate measures described on the Website), etc.;
e) deletion of data entered by the Investors into the Service Provider’s IT system from IT systems beyond the Service Provider’s control.
2. In the event of a dispute between the Investor and another Investor, the Investor shall indemnify the Service Provider and the Service Provider’s service providers against all claims and claims for damage (actual or lost benefits) of any kind resulting from or in any way related to such disputes.
3. The Investor undertakes to indemnify the Service Provider and the Service Provider’s service providers from all claims and to repair any damage (including the costs of legal assistance, any fines, fees, or penalties imposed by any state authorities) resulting from or related to the Investor’s violation of these Regulations or infringement of legal provisions or rights of third parties.
4. Neither the Service Provider nor its service providers shall be liable towards the Investor for amounts exceeding the amounts operated at the time of their deposit in the Account by the Investor or execution of the Transaction by the User.
5. The liability of the Service Provider and its service providers towards the Investor is limited to the value of a given Transaction expressed in a given currency or Cryptocurrency. Liability for lost profits is excluded, and liability for any other damage (actual, direct, indirect, intangible, etc.), regardless of whether it results from the contract, tort, negligence, etc., resulting from or related to the authorized or unauthorized use of the Website is limited to the value of funds provided by the Investor for the execution of a given Transaction subject to the preceding section.
6. Specifying the preceding section, by way of example (and without limiting the scope of the previous section): If the Investor claims that the Service Provider has not properly executed a purchase or sale transaction, the total of the Investor’s damage is limited to the value of the funds provided by the Investor, and that the Investor cannot recover lost profits, lost business opportunities, etc. Where the applicable legal jurisdiction does not allow for exclusion or limitation of lost profits, the above limitations may not apply.
7. The Service Provider makes no declarations or assurances that access to the Website or Services in any part of it or any materials contained therein will be uninterrupted, timely, or error-free. To the maximum extent permitted by applicable law, the Service Provider, in particular, excludes all implied guarantees regarding the availability of the Service, its fitness for a particular purpose, and its integrity.
8. The Service Provider will endeavor to process the requests for a Transaction with bank accounts or credit cards without undue delay, but the Service Provider does not provide any assurances or guarantees regarding the time needed to complete the processing of such Transactions, which is dependent on many factors beyond the Service Provider’s control.
9. The Service Provider shall not be liable for any actions or consequences of force majeure, i.e. for events beyond the Service Provider’s reasonable control that occurred without fault of the Service Provider, including, in particular: embargoes, governmental restrictions, riots, insurrection, wars or other acts of war, acts of terror, social unrest, rebellion, hacking attacks (including DDoS attacks, data theft or destruction), fires, floods, vandalism or sabotage.
10. The Service Provider shall exercise the utmost care in order to protect the Website and Investor’s funds against undesirable interference by third parties. The security measures taken are described in this document, the content of which the Investor has read and accepts – considering the security measures taken by the Service Provider are sufficient.

13 PERSONAL DATA AND PRIVACY POLICY

The principles of personal data processing by the Service Provider and regulations concerning the Privacy Policy and Cookies are contained in the Privacy Policy published on the Website.

14 CHANGES OF THE REGULATIONS AND OTHER PROVISIONS BINDING THE USERS

1. The Regulations and other provisions binding the Investor, including tables of fees and pricing, may be subject to change. The change of provisions set forth in the preceding sentence shall come into force 7 days after the date of making available on the Website changed provisions or informing the Investors in the form of an e-mail about the change unless the Service Provider indicates a longer period.
2. The Investor is entitled to submit a declaration of refusal to accept the new provisions within 14 days from the date of publishing changes, and no later than 7 days from when the new provisions enter into force. Submitting the aforementioned declaration is tantamount to the Investor’s termination of the Service Contract.
3. Failure to submit a declaration of refusal to accept the new provisions shall be construed as consent to being bound by the changed provisions.
4. Transactions ordered prior to the effective date of the changes shall be implemented in accordance with the wording binding on the day of the order for the Transaction.

15 FINAL PROVISIONS

1. Services provided in accordance with the Regulations shall be provided in the United States and shall be subject to the law applicable therein.
2. In case of any disputes between the Service Provider and an Investor who is not a resident of the United States or an Investor who is not a Consumer, the court having jurisdiction over the registered office of the Service Provider shall be competent to settle such disputes.
3. Recognition of any provision of these Regulations as being unlawful shall not affect the effectiveness and validity of the remaining provisions of the Regulations.
4. Translations of the Regulations were commissioned by the Service Provider for the Investors, with the reservation that in case of any discrepancies in language versions, the English written version remains valid.