Terms and Conditions Terms and Conditions

Please review the terms of service contained herein carefully. By clicking “I agree” or accessing and/or using any of the Services provided by Pepper, you have read, understood, and accepted all of the following Terms, as well as all o f the terms which are incorporated herein by reference.Please review the terms of service contained herein carefully. By clicking “I agree” or accessing and/or using any of the Services provided by Pepper, you have read, understood, and accepted all of the following Terms, as well as all of the terms which are incorporated herein by reference.

  1. RIGHTS AND OBLIGATIONS

    1. The following terms of service (the “Terms”) constitute a binding agreement between you and Pepper Zone AG , a Corporation registered under the laws of Switzerland, with registered address Via Balestra 10, 6900 Lugano (“Pepper”), in connection with your use of the Service.

    2. These Terms also govern your interaction with any websites, platform or application (“Platform & Apps”) owned or operated by Pepper and more generally your use of any Pepper products or services (all together the “Services”).

    3. By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version. You further represent and warrant that: (i) you are of legal age to enter into a binding agreement; (ii) if you are not of legal age to enter into a binding agreement, you are above 16 (sixteen) years old and your parents or legal guardians have provided consent; and (iii) if you represent a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.

    4. Your access and/or use of the Services is contingent upon your acceptance of these Terms.

    5. By using our Services you may receive digital assets (game cards, NFT, voucher) or tokens such as the internal Platform & Apps token PEP (all “Digital Assets”) as a reward for your activity on the Platform. The kind of reward is calculated by PEP

    6. Pepper may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the App or Sites, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If you do not agree to such modified terms, you should discontinue your use of the Services.

  2. USERS ELIGIBLE TO PARTICIPATE

    1. If you want to use certain Services, you will have to create an account, and you will also need access to an Internet connection and an e-mail address.

    2. You agree that you will not disclose your account password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not known to you.

    3. You may terminate your account at any time. Upon termination of any Services or your account, the following provisions of these Terms will survive: Intellectual Property, Content & Content Rights, Limit of Use & Prohibited Conduct, Data Protection, Termination, Limitation of Liability, Indemnification, Miscellaneous.

    4. Only persons of legal age or persons above 16 (sixteen) years old whose parents or legal guardians have provided consent to the use of the Services are allowed participation. With your participation in a Service, you represent that you are of legal age and of legal capacity (or, if you are a minor, that you are above 16 (sixteen) years old and that a parent or legal guardian has provided consent). Pepper is entitled to request at any time a written proof of your age or the written consent of a parent or legal guardian. If you are a minor, as soon as you use the Service after you become of legal age, then all agreements in connection with you concluded before achieving legal age are deemed approved, provided that you do not revoke the approval toward Pepper within two weeks upon reaching legal age.

    5. To the extent permitted under applicable law, Pepper declines any responsibility regarding any activities conducted by a minor with or without the permission of a parent or legal guardian. If you are a parent or legal guardian and you give your permission for your child to register for one of the services, you thereby agree to the terms relating to use of the services by your child.

  3. INTELLECTUAL PROPERTY

    1. You acknowledge and agree that the Services are the property of Pepper or its licensors and that they are protected under national and international law and particularly by copyright, trademark, and other laws. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Pepper are punishable under both civil and criminal law.

    2. Subject to your compliance with these Terms, Pepper grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and use the Services and install a copy of the Software on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (i) copy, modify, or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) reverse engineer, decompile, or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. Pepper reserves all rights in and to the Services not expressly granted to you under these Terms.

    3. You acknowledge and agree that “Pepper” its trademark, service mark, logo and graphics are the registered trademarks or trademarks of Pepper.

  4. DIGITAL ASSETS

    1. The Services may allow you to collect Digital Assets. You may also earn Digital Assets for successful invites of other users. An invite is successful and potentially eligible for being rewarded with Digital Assets under the condition of these Terms or the relevant conditions set forth by the third party, particularly if the user follows the invite link or uses the invite code and subsequently performs.

    2. Digital Assets are provided on a “as is” and “as available” basis, without any warranty, except where prohibited under applicable law.

    3. The Services may further allow you to purchase PEP, the internal token of the Platform & Apps. All sales by Pepper to you of PEP are final and Pepper will not permit exchanges or refunds for any unused PEP once the transaction has been made.

    4. PEP can be used to unlock additional features and functionalities of the Services, take parts in Events provided by Pepper or to receive discounts in relation with the offered Services from time to time (the “Offerings”). Pepper is entitled to change the terms of such Offerings at any time, and to reduce and/or increase the Digital Assets required for such Offerings.

    5. Any PEP balance does not reflect any stored value and you agree that the PEP has no monetary value. Digital Assets may have a monetary value which is in any way correlated to Pepper and Pepper does not guarantee any monetary value of this Digital Assets.

    6. Generally, Pepper has the right to offer, modify, eliminate, and/or terminate any Offering or the Services, or any portion thereof, at any time, without notice or liability to you.

  5. CUSTODIAN AND NON CUSTODIAN SERVICES

    1. The Services allows you to put in custody certain supported Digital Assets that are not considered as securities or payment tokens and that lets you store, send, lend, borrow, request and receive such supported Digital Assets.

    2. The custodian service is only for use with Digital Assets that Pepper may explicitly decide to support now or in the future at its sole discretion. Pepper has no obligation to support any other Digital Assets. Pepper takes no responsibility or liability in connection with any attempt to use its custodian service for Digital Assets other than the supported digital assets.

    3. By accessing and/or using the custodian service, you acknowledge and agree that Pepper cannot guarantee the confirmation of any transaction on any blockchain network. Neither Pepper has control over any blockchain network.

    4. By accessing and/or using the custodian service, you represent and warrant that (i) you fully understand and have significant experience of digital assets, blockchain systems and services, and (ii) you fully understand the mechanics related to the use of Digital Assets (including with respect to their storage).

    5. The PEP used within the Platform & Apps are a data base token and cannot be used outside the Pepper Network. Users can extract the PEP by transferring it to an external digital wallet compatible with the blockchain used by Pepper for the issuance of the PEP token.

    6. Any transfer of PEP token outside the Platform & Apps requires compliance with KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations. Any transfer for a value above EUR 1’000 would require the execution of KYC and AML procedures. In such a case, Pepper may require you to provide documentation to verify the information you have submitted including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving Your identity issued by a governmental body.

  6. PAYMENT SERVICES

    1. The Plattform & Apps enables you to generate an income from Your computing power or Your Digital Assets such as NFTs or by using the Digital Assets, such as NFTs, of other users. Such proceeds are stored by Pepper and can be immediately transferred in fiat to Your banking account or stored in the Platform & Apps through the data based PEP Token with the right to transfer a blockchain based PEP token in an external wallet indicated by You. In case Pepper is not able to execute the transfer within 50 days because of lack of information about the account or wallet or be accredited, You accept and authorize Pepper to transfer the proceeds of Your computing power to a nonprofit organization.

    2. By accessing Pepper Services, you acknowledge and agree that Pepper cannot guarantee the confirmation of any transaction on any blockchain network, therefore you acknowledge that Pepper does not have control over any blockchain network and is not liable for any failed transaction on the blockchain network.

  7. LIMITS OF USE & PROHIBITED CONDUCT

    1. Pepper provides the services solely for use in accordance with these Terms. Automated use is prohibited. Only the official App and Sites provided by Pepper may be used to connect to the Services. You may not create, support, host, link or provide any other options, which can be used by another person to use the services.

    2. You are not entitled to use any means, mechanisms or software in connection with any service provided by Pepper which can disturb the function and the Services’ process. You may not undertake any action, which can result in an unreasonable or excess load of the technical capacities of Pepper. In particular, you may not block, overwrite or modify the contents generated by Pepper without the prior written consent of Pepper.

    3. You may not add elements to the Services or to change, delete or modify in any other manner any service elements without the prior written consent of Pepper. In particular, you may not copy, remove or otherwise utilize any graphic elements or to try to decompile the source code of services.

    4. You may not utilize any ancillary means, which maliciously modify the service score or the service process (specifically so-called “bots”, “hacks”, “change VPN” or “cheats”) nor promote their use toward third parties. You may not intentionally use third party software or other applications nor program errors for your own benefit.

    5. Further, you agree that in conjunction with your use of the Services you will not make finance any unlawful or inappropriate Content.

    6. You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with any third party, if any, and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. If you have a dispute with any third party relating to your use of Services, you release Pepper (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    7. Although Pepper is not obligated to monitor access to or use of the Services or to review the payment executed to third parties, it may have the right or the duty to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. Pepper reserves the right to remove or disable access to any Content, at any time and without notice. Pepper may block any transaction it considers to be objectionable or in violation of these Terms. Pepper has the right to investigate violations of these Terms or conduct that affects the Services. Pepper may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

    8. Any attempt by you to disrupt or interfere with the Services, including without limitation undermining or manipulating the legitimate operation of any Site or App, is a breach of these Terms and may be a breach or violation of criminal and civil laws.

    9. Pepper is entitled to take reasonable measures to prevent or curtail violations against this Section 5. In addition, in case of such violations, Pepper is entitled to block your account.

  8. SERVICE LIMITATIONS AND MODIFICATIONS

    1. Pepper will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Pepper reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to you, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

  9. DATA PROTECTION

    1. In order to provide you with the Services, you acknowledge and agree that Pepper may collect, store and process your personal data and/or information. By accessing and/or using the Services, you have read, understood, and accepted the terms of Pepper’s Privacy Policy, and you acknowledge and agree that Pepper may use such data and/or information in accordance with the terms of its privacy policy.

  10. TERMINATION

    1. The agreements between user and Pepper (e.g. these Terms) are concluded for an unspecified time unless otherwise agreed in writing.

    2. Pepper may terminate these Terms or suspend your access to the Services or account at any time, including, without limitation, in the event of your alleged or actual misuse of the Services or breach of these Terms.

  11. LIMITATION OF LIABILITY

    1. In no event will Pepper, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Pepper was advised of the possibility of such damages.

    2. Without limiting the generality of the foregoing, Pepper takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) technical failure, malfunction or shutdown; (ii) server failure, hacks or unavailability; (iii) data loss; (iv) stolen, lost, or unauthorized use of your means of authentication; (v) errors calculating network fees; (vi) corrupted data on Pepper’s servers; (vii) failure to update or provide correct information; (viii) “phishing” or other websites masquerading as Pepper; (ix) delays, interruption or loss of services; (x) loss of business or goodwill.

    3. The Services support or are integrated with third party services, including third party pooling and payment services. Pepper takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.

    4. The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Pepper disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. You understand that Pepper does not screen or inquire into the background of any users of the services.

  12. INDEMNIFICATION

    1. To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify Pepper, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of: (i) your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) your alleged or actual use or misuse of the Services; and (ii) your alleged or actual infringement or violation of any laws or of the rights of a third party.

  13. MISCELLANEOUS

    1. ENTIRE AGREEMENT


      These Terms constitute all the terms and conditions agreed upon between you and Pepper and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

    2. SEVERABILITY AND WAIVER


      Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of Pepper to exercise or enforce any of the rights or provisions of these Terms shall not be considered as a waiver of Pepper’s rights to do so.

    3. ASSIGNMENT


      Pepper may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any third party.

    4. NO PARTNERSHIP


      Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between you and Pepper.

    5. FORCE MAJEURE


      Pepper will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Pepper’s reasonable control.

    6. GOVERNING LAW AND JURISDICTION


      These Terms are subject to and governed by Swiss law to the exclusion of Swiss international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland,.