USER TERMS CROWNY’S WEBSITE AND APP

By using the website https://crowny.io/ (the “Website”) and/or Crowny’s mobile (smartphone) application (the “App”) for the use of Crowny’s applications and/or services, you hereby agree (i) to become a party to this agreement (the/this “Agreement”) and (ii) that your counter-party is QMS B.V., a private company incorporated under the laws of the Netherlands (besloten vennootschap met beperkte aansprakelijkheid), having its statutory seat in the municipality of Haarlemmermeer, the Netherlands, and registered offices in (2153 PL) Nieuw-Vennep, the Netherlands, at the address of Schillingweg 50, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 81100736 (“Crowny”).

WHAT THESE USER TERMS COVER

This Agreement applies to all visits to and use(s) of the Website and the App, and to all information, recommendations and services that Crowny provides to you via the Website and/or the App (the “Content”). The Content is made (technically) available and accessible to you, by Crowny via its blockchain network and adjacent platform which is accessible via the Website and the App (the “Platform”).

THE CONTENT AND OBLIGATIONS

By using the Website and/or the App, Crowny will provide the Content and the use of the Platform to you via the Website and/or the App. This will be done for your own use, in an orderly manner and according to the standards of reasonableness and fairness.

You realise that using the Content and/or the Platform via the Website and/or the App and (therefore) entering into this Agreement does not give you any rights and/or does not oblige Crowny to (do) anything, except for the rights and obligations expressed in this Agreement. More specifically and for the avoidance of doubt: using the Website and/or the App and (therefore) entering into this Agreement does not give you the right and/or does not oblige Crowny to enter into any further agreement whatsoever and/or to obtain any (ownership) rights with respect to Crowny in any form whatsoever.

TERMS OF USE

By entering into this Agreement, you hereby confirm and warrant to Crowny that you will use and interact with the Content and the Platform via the Website and/or the App:

  • only if you are over 16 (sixteen) years old;

  • at your own risk and expense or, if you are acting for and/or on behalf of a corporate user (legal entity), at the risk and expense of said corporate user;

  • exclusively for yourself and not (also) for and/or on behalf of anybody else or, if you are acting for and/or on behalf of a corporate user (legal entity), for and/or on behalf of said corporate user;

  • exclusively via your personal account on the Website and/or the App. You are only allowed to have 1 (one) personal account, the contents of which are strictly personal and (therefore) not to be shared and/or used by anyone else;

  • in an orderly manner and according to the standards of reasonableness and fairness as well as in a legal and non-fraudulent manner. More specifically: you will only use and/or interact with the Content and the Platform via your personal account on the Website and/or the App. You will not circumvent your personal account, the Website and/or the App and also not use the Content and/or the Platform via screen-scraping and/or via any other irregular and/or fraudulent way;

  • only if you are legally permitted thereto under the laws and regulations applicable to you and applicable to this Agreement to do so; and

  • in a manner that is not in breach of any third party’s rights and/or other obligations, however named, does not conflict with the applicable standards of reasonableness and fairness, nor in a way that is contrary to public order or morality.

In the event that you breach any of the aforementioned confirmations and/or warranties, Crowny is legally entitled, without giving you prior notice thereof, to close down your personal account permanently and (thus) exclude you from using and interacting with the Website, the App, the Content and the Platform.

It is envisaged that Crowny will implement a KYC (know your customer) and/or AML (anti money laundering) procedure and accompanying checks applied by Crowny and/or a third party designated thereto by Crowny in the future. By entering into this Agreement, you hereby agree in advance to the applicability of any such procedure and accompanying checks. This will result in Crowny formally requesting you to complete said KYC and/or AML procedure(s) in order to be allowed to create a personal account and use and interact with the Content and the Platform. Crowny will inform you thereof in due time and grant you ample opportunity to complete said procedure(s). However, should you, upon the creation of your personal account or at any other point in time fail to successfully complete said procedure(s) - which is to be determined at the sole discretion of Crowny and/or a third party designated by Crowny - Crowny is legally entitled to close down your personal account permanently and (thus) exclude you from using and interacting with the Website, the App, the Content and the Platform.

YOUR PERSONAL ACCOUNT

As stated before, you are only allowed to have 1 (one) personal account on the Website and/or App or, if you are acting for and/or on behalf of a corporate user (legal entity), said corporate user is only allowed to have 1 (one) account in its name on the Website and/or App. This account is strictly personal and may only be used by you - not (also) on behalf of anybody else, with the exception of when you are acting for and/or on behalf of a corporate user, in which case you may use the account for and/or on behalf of said corporate user.

You are yourself responsible for any and all information that you have entered and/or included into your personal account. It is your own responsibility to keep all information in your personal account up to date. You realise that this is of essential importance in order for you to use and access your personal account but also, and more importantly, to enable Crowny to contact you in case of an emergency, changes to the Website, the App, the Content, and/or the Platform, this Agreement, et cetera.

IMPORTANT: when you create your personal account, you will only once receive information regarding your personal wallet address that is linked to your personal account. Said information is only provided to you once and stored in your mobile device on which you install the App. Said information is essential for your access to your personal wallet address. If you lose this information, you will also lose access to your personal wallet address and any $CRWNY Tokens (as defined hereinafter) and/or loyalty points held therein. That access is not recoverable by Crowny or any other party, but only by yourself based on the wallet data provided. You should therefore keep said information safe and not share it with any third party. Crowny strongly recommends that you save the data not only on your mobile device, but also externally so that you can access it if you lose (access to) your mobile device or if it no longer functions.

If you wish to close down your personal account, you can request Crowny to do so by sending an e-mail message with an instruction thereto to the following e-mail address: [email protected].

In the event that your personal account on the Website and/or the App is inactive for a consecutive period of 3 (three) months, Crowny will give you a formal notice that your personal account will be closed down. Following said notice, if you do not interact with your personal account within the following 1 (one) month, Crowny is legally entitled to close down your personal account permanently and (thus) exclude you from using and interacting with the Website, the App, the Content and the Platform.

$CRWNY TOKENS AND LOYALTY POINTS

Through the Platform and by using the Content via the Website and/or the App, you may be entitled to (receive) a certain amount of cryptographic tokens, called “$CRWNY tokens” (“$CRWNY Tokens”) as well as loyalty points from specific partners. Only Crowny, or a third party designated by it, determines how many $CRWNY Tokens and/or loyalty points you can obtain through the Platform for specific (inter)actions with the Content.

Crowny does not manage $CRWNY Tokens or loyalty points for and/or on your behalf, you do this yourself through your personal account and the associated personal wallet. Also, Crowny does not buy, sell and/or trade $CRWNY Tokens or loyalty points directly to you or to other users of the Platform such as you. $CRWNY Tokens and loyalty points can only be obtained by you through specific (inter)actions with the Content through the Platform via the Website and/or the App. In addition, $CRWNY Tokens may be obtained separately through third parties who purchase and sell $CRWNY Tokens, which is done expressly outside Crowny's control and sphere of influence.

Only via the Platform and by using the Content, you can spend your $CRWNY Tokens and loyalty points through the Website and/or the App to specific (discount) promotions of companies that are active on the Platform. The company that offers the (discount) promotion(s) solely determines whether, and if so, against payment of what amount of $CRWNY Tokens and/or loyalty points, you can participate in the relevant (discount) promotion(s) and what you will receive in return.

$CRWNY Tokens and loyalty points are stored and managed by you and only at your own expense and risk through your personal wallet linked to your personal account. Your personal account and the associated wallet address are registered in your own name and may only be managed and used by yourself.

STAKING

Crowny envisions implementing a future ‘staking’ functionality in the form of on-chain staking. Via that functionality, you can ‘lock’ (vastzetten) your $CRWNY Tokens. In order to do so, you must transfer the $CRWNY Tokens you wish to use for staking to a designated staking wallet. Said $CRWNY Tokens will temporarily be outside of your personal wallet and therefore not usable or transferrable. In exchange for staking your $CRWNY Tokens, you will receive compensation in $CRWNY Tokens. The conditions that you must meet in order to obtain the compensation, the amount of the compensation you will receive and the frequency with which the compensation is received, are exclusively determined by Crowny and/or a third party designated thereto by Crowny. Crowny will communicate the terms and conditions for obtaining the staking compensation as well as the amount and frequency of the compensation via the Platform, which you can consult through the Website and/or the App. Crowny can only pay the compensation to you if Crowny has also received the compensation itself.

LIABILITY

Crowny, its directors, employees and/or any other (third) party involved with the creation of the Content and the Platform as well as with the execution of this Agreement, are not liable for any damage, however named, resulting from the incorrect, wrongful, reckless and/or unlawful use of your personal account, the Website, the App, the Content, the Platform, $CRWNY Tokens and/or loyalty points. Crowny, its directors, employees and/or any other (third) party involved with the creation of the Content and the Platform as well as with the execution of this Agreement, are also not liable for any for any damage, however named, resulting from hacks, soft- and/or hardware malfunctioning, (hardware) system down times, blockchain down times and/or any other soft- and/or hardware related malfunctioning that affects (the functioning of) the Website, the App, the Content and/or the Platform.

Crowny, its directors, employees and/or any other (third) party involved with the creation of the Content and the Platform as well as with the execution of this Agreement, are not liable for any damage, however named, resulting from the non-existence or loss of the value of the $CRWNY Tokens and/or loyalty points due to, amongst other things but not limited thereto; the loss or theft of (access to) your personal account or wallet (login-)credentials, exchange rate changes, (changed) market conditions, (amended) legislation, and/or (changed) points of view on the part of the regulators.

LINKED SITES AND PRIVACY

The Website and the App provide links to external internet sites, such as social media internet sites. Crowny is not liable for the use or content of external sites that link to or from the Website and/or the App. Crowny’s privacy policy, which is available on the Website and the App, does not apply to the collection and processing of your personal data on or via those external sites - said privacy policy is only applicable to the information that is directly provided by you to Crowny.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, Crowny is the exclusive owner of all rights related to the Website, the App, the Content and the Platform, including copyrights and other intellectual property rights.

Nothing in (the execution of) this Agreement shall be construed as granting any rights under any patent, copyright and/or other intellectual property right of Crowny.

INVALIDITY

If terms in this Agreement are or become partially invalid, you and Crowny will continue to be bound to the remaining terms. The invalid terms shall be considered as being replaced by terms that are valid and achieve so far as possible the intended effect of the invalid terms, taking into account the content and purpose of this Agreement.

FINAL PROVISIONS

Notwithstanding the provisions in this Agreement, you hereby waive your rights to annul and/or dissolve this Agreement, or cause it to be annulled or dissolved, on any grounds whatsoever, including, but not limited to, pursuant to section 6:265 to section 6:272, and section 6:228 of the Dutch Civil Code (Burgerlijk Wetboek) that relate to the annulment or dissolving of this Agreement on account of an error or to apply to a court of law to annul or dissolve this Agreement. Furthermore, you waive your right to demand this Agreement to be amended on any grounds whatsoever including, but not limited to, pursuant to section 6:230(2) or section 6:258 of the Dutch Civil Code.

By using the Website and/or the App, and thus entering into this Agreement, you give Crowny permission in advance for the transfer of its rights and obligations under this Agreement and all related (legal) acts to third parties, either by contract transfer (section 6:159 of the Dutch Civil Code), or separately (section 6:155 of the Dutch Civil Code). If Crowny makes a transfer, it will remain responsible to you for the fulfilment of its obligations under this Agreement until Crowny has notified you of the transfer and the (legal) person to whom Crowny has transferred its obligations under this Agreement.

This Agreement, the execution thereof, and any non-contractual obligations arising out of or in connection with this Agreement are exclusively governed by and shall be construed in accordance with the laws of the Netherlands.

Any disputes arising out of or in connection with this Agreement, including regarding the existence or validity of this Agreement, the execution thereof, and any non-contractual obligations arising out of or in connection with this Agreement, are subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

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