Terms & Conditions

Version 0.9
Last updated: 26.02.2019

These Terms and Conditions (hereinafter the "TC" or "Terms") apply to the buyer (hereinafter the "User") of our Stellar based utility token exoHash ("EXH"), provided by Thomas Albin & Henning Elbers Data Consulting GbR (hereinafter the "Firm", "Company", "Us" or "We"). We kindly ask you to read through the TC. The TC affect your legal rights and inform you about the obligations and the liability. By using our service and EXH token you fully agree with the TC and are legally allowed to use our Web 2.0 service. If you do not agree with the TC, or if you do not fulfil all legal requirements to use our token and service you are not authorized in using our EXH token as well as the Web 2.0 and Web 3.0 based service. Please note: visiting exohash.de results in using the Web 2.0 service, while the IPFS hosted content is referred to as Web 3.0.

We, Thomas Albin & Henning Elbers Data Consulting GbR are a company under German law, registered in Stuttgart, Baden-Wuerttemberg under the VAT identification number DE315330096. Our official address is Koboldweg 7, 70567 Stuttgart, Germany. We are exclusively the creators of EXH and the corresponding data-scientific Web 2.0 / 3.0 platform you are visiting.

We reserve the right to edit, modify, add or remove our Web 2.0 / 3.0 service, its products as well as this complete TC document to adapt to new legal rights and changes, or to introduce or extend our data-scientific service. Changed TC documents will result in a new version number and "last updated" time stamp. Additionally, We will communicate new changes on our official Twitter account @AEDataConsult. The User is responsible to inform himself and We suggest and recommend to follow our social media channel on Twitter as well as to check frequently this TC corresponding web page.

We retain all rights, titles and interests in all our intellectual property, including inventions, processes, methods, techniques, information and data, no matter if patentable, copyrightable or protectable in any way. You may use none of our intellectual property for any reason, except with our express, prior, written consent. This does not include the hosting of our Web 2.0 / 3.0 based content, holding and using EXH and other free available resources.

0. Purpose of EXH

EXH is a Stellar based utility token. EXH is exclusively used to trigger our data science products. So, to obtain data scientific results for a certain task, website, etc. a certain, product depending price in EXH needs to be send to our official Stellar Wallets. The EXH token was created essentially to control the number of purchases depending on our computational capacities and limitations. Additionally, sales of EXH set on specific dates simplify tax-relevant dues for Us and allow Us to set stable EXH depending prices. EXH shall help the User to keep its anonymity in our Web 2.0 / 3.0 system.

PLEASE NOTE: AN CRYPTO ASSET, LIKE EXH, CAN BE AFFECTED BY HIGH VOLATILITY AND MAY CAUSE A SEVERE FINANCIAL LOSS. TRADING WITH CRYPTO ASSETS IS A FINANCIAL RISK AND WE ARE NOT ACCOUNTABLE AND NOT LIABLE FOR ANY LOSS IN VALUE.

FURTHERMORE, TRADING, USING AND HANDLING CRYPTO ASSETS REQUIRES A CERTAIN LEVEL OF TECHNOLOGICAL UNDERSTANDING OF THE STELLAR SYSTEM (Consensus Protocol, decentralized market, TOML file and structure of the file), BLOCKCHAIN AND CRYPTO SYSTEMS IN GENERAL. WE ARE NOT ACCOUNTABLE NOR LIABLE FOR ANY LOSS OF CRYPTO ASSETS LIKE PURCHASED EXH.

EXH IS EXCLUSIVELY A UTILITY TOKEN TO TRIGGER AND USE OUR WEB 2.0 / 3.0 BASED DATA-SCIENCE PRODUCTS. WE RECOMMEND TO PURCHASE AND USE THIS TOKEN ONLY IF YOU WANT TO USE OUR WEB 2.0 / 3.0 SERVICE. WE DO NOT MAKE ANY FINANCIAL INVESTMENT RECOMMENDATIONS. WE DO NOT RECOMMEND TO KEEP EXH AS AN INVESTMENT, DUE TO ITS HIGH VOLATILITY AND SINCE IT IS NOT A SECURITY AND NOT A EQUITY TOKEN.

USERS HAVE TO KEEP NOTICE THAT BUYING EXH IS A FINAL AND NOT REFUNDABLE PURCHASE. POSSIBLE TECHNOLOGICAL RISKS OF USING A BLOCKCHAIN WALLET AND EXCHANGE, AND POSSIBLE RISKS THAT COULD LEAD TO A FAILURE OF OUR COMPANY AND CONSEQUENTLY A COMPLETE VALUE LOSS OF EXH IS LISTED AT THE VERY END OF THIS TC.

By purchasing EXH and using our Web 2.0 / 3.0 service, you acknowledge the following and fully understand the complete TC:

- EXH is a utility token, that is used to exclusively use our service. You accept and understand that holding EXH does not represent a crypto share of our service or Company. It is neither an equity nor security token.

- EXH shall not be interpreted as any kind of financial instrument besides our web service. It does not allow you to purchase other services, goods, etc. from other companies but ours.

- EXH is sold, traded and used exclusively in the decentralized Stellar blockchain / consensus system. You acknowledge to understand the decentralized system provided by Stellar and understand that EXH can only be purchased officially in this system. Due to the technical implications of the anonymous and decentralized system We provide no assurance that other (anonymous) persons, entities, companies etc. will use, trade and provide EXH without our approval.

- Technological changes, redesigns, etc. are also listed on the Web 2.0 / 3.0 page and our official Twitter account @AEDataConsult. The User acknowledges that important sales and changes are communicated exclusively via these communication channels.

- A summary of relevant EXH specific information are provided in the Stellar TOML file that is linked with the Stellar issuer account and stored on the Web 2.0 site.

- The Web 3.0 service is still in a beta phase. Terms and Conditions and corresponding data policies from the Web 3.0 infrastructure We use apply to all Users. While the Web 2.0 service is more stable, the Web 3.0 service might be offline frequently.

1. General

These TC constitute a legal agreement between:

1.1 Thomas Albin & Henning Elbers Data Consulting GbR, a data scientific StartUp company located in Stuttgart, Germany.

1.2 The buyer / User. A person and citizen of Germany (Federal Republic of Germany). By purchasing EXH and using our service you fully approve that you are a legal person in Germany, where the participation, purchase, usage and trade of crypto assets, like utility coins / token is legal and allowed. You acknowledge that you are exclusively responsible for fulfilling any legal requirement.

In these TC you, the User and We, the Company are hereinafter individually referred as the "Party" and collectively referred as "Parties".

2. EXH Purchase / Sale

2.1 EXH is sold by Us and other EXH holding Users in the decentralized Stellar market, that can be accessed via miscellaneous Stellar wallets. Participating in the Stellar system requires a certain minimum amount of Stellar Lumen (XLM) that cannot be purchased on the Web 2.0 / 3.0 site, respectively it cannot be purchased at Us.

2.2 EXH is "pre-mined". So, our Stellar distributor wallet contains all available 10,000,000 (Ten Million) EXH token. These token cannot be mined, but purchased on the decentralized Stellar exchange.

2.3 EXH offers by Us will be set exclusively on the decentralized Stellar market that can be accessed via miscellaneous wallets. To list our token, the User needs to set a trustline with our official issuer account.

2.4 EXH will not be sold in a classical ICO event. There will be no start- and end-date of an ICO sale, respectively. We will not offer airdrops, bonus sales or similar free / reduced cost programs.

2.5 EXH will be instead released with a functioning product. However, We cannot assure, warrant or ensure that the released software will work flawlessly. To ensure no heavy use of computational capacities, We set a general daily quota for our data-scientific tools. The User acknowledges our limited capacities and informs himself frequently and periodically on our corresponding Web 2.0 / 3.0 pages about the current quota. Further the User acknowledges also that quota will be reseted once a day and that a User has to wait for his / her data-scientific product, depending on the quota levels and his / her rank in the queue.

2.6 EXH will be sold weekly, if not otherwise stated on our Web 2.0 / 3.0 site or on our social media channel. A sale lasts for a maximum of 24 hours. The amount of weekly held EXH sales will correspond to our computational capacities.

2.7 EXH offers by Us will exclusively be offered for a certain amount of XLM. The amount of XLM corresponds to the Fiat EURO (€). The EURO corresponding XLM price will be shortly announced before the sale and will not be changed during the weekly sale.

2.8 EXH is exclusively a utility token, that can exclusively be used for our data-scientific products, and also future products, provided by Us. EXH is not an investment. EXH is also not a security token and not an equity token. By purchasing, owning and holding EXH you do not have a share of our Company, nor any shares or rights of our property nor intellectual properties, like the developed software, website, and other goods.

2.9 To verify official offers and sales by Us, please consider the official Stellar Wallet addresses (public keys). Other (anonymous) users in the Stellar system or third parties can set offers and sales of purchased EXH token without our consent, due to the decentralized ecosystem that is provided by Stellar.

2.10 Purchased EXH token can be used to trigger our data-scientific tools and future data-scientific related products. The Web 2.0 / 3.0 site explains in detail the current technological implementation.

3. EXH Taxes

3.1 For sold EXH We have to pay miscellaneous taxes to the German tax and revenue office(s).

3.2 For all User relevant taxes, like e.g. trading taxes, taxes on price speculation, flat rate withholding taxes etc. the User is exclusively responsible and accountable for. It is the User's obligation to inform him- / herself to collect all tax relevant information and report these to the corresponding tax and revenue authorities and offices. We are under no circumstances and no conditions liable nor accountable for any User related taxes and will not provide you with tax or legal advice.

4. Refund / Cancellation

4.1 Accepting an offer from one of our official accounts is a final and legally binding transaction that is recorded and stored publicly available, not deletable and decentralized in the Stellar blockchain.

4.2 All offers, transactions, payments are done exclusively in the decentralized Stellar exchange system. By participating in this ecosystem, and by purchasing, handling, using the EXH token you acknowledge and agree that We are not bound to provide a refund for any reason. Consequently, You will not receive any refund in Fiat, XLM or other assets.

5. Usage of Web 3.0

The following paragraph applies only (!) to the Web 3.0 data hosting on IPFS.

5.1 This website You visit is uploaded, stored and hosted completely on IPFS. IPFS is a Web 3.0 infrastructure that is developed, maintained and extended by "Protocol Labs". We use this decentralized hosting system and are not accountable, not responsible nor liable for any IPFS specification like security, availability, performance.

5.2 You, the User have 2 (two) technical options to reach Our Web 3.0 website. Data policy implications are listed in this paragraph as well as below in the section "Personal information / data policy":

5.2.1: Primary / Native IPFS connection In this case the User has a current version of IPFS installed. He / She acknowledges that We are not responsible nor accountable for technical or data policy issues. The User understands and knows that miscellaneous meta data like time stamp, IP address, requested data blocks, etc. can be seen, fetched, stored and analyzed by any connected and anonymous peer. We also provide peers to ensure an upload and availability of our content.

5.2.2: Secondary / Gateway connection In this case the User does not use the native IPFS software to connect with the IPFS peers. In this case, the User accesses the IPFS content via a so called Gateway that allows You to explore the IPFS network e.g. in a web browser. Gateways are provided by anyone (legal person, community, company / firm). Accessing the IPFS via a Gateway leads to a connection way via a third party that is not related in any way with Us. We are not accountable nor liable for any data and access handling third parties provide. We do not provide a Gateway.

If You partly, or fully disagree with the Web 3.0 policy, its still developed and partly unknown technological implications and the insecurity of meta data sending to third parties that are anonymous and completely unknown to Us, you shall not use this Web 3.0 service. By using our service you agree to use our IPFS based site via a native IPFS client and / or a third party Gateway. You further understand and agree to the possible insecurities and you also fully agree that We are not accountable, not liable nor responsible for third party peers and / or Gateways.

6. Acknowledgment of risks

6.1 You, the User and Buyer of EXH, understand that crypto assets are affected by severe volatility. Although We are interested in a less volatile currency to keep a stable EXH price for our products We are not accountable nor liable for any volatility. We will set announced prices during official sales. However, We are not responsible for any EXH holder that sells respectively offers his / her EXH in any exchange.

6.2 We work to the best of one's knowledge and belief on our data-science software, payment system etc. We cannot guarantee a complete flawlessly working product and service, respectively. If Our data-science product or products do not work partly, or completely, due changed policies, access etc. of third party companies, libraries, solutions or others, We will communicate these problems via our social media channels. If We cannot find a solution for emerging problems, We will reserve the right to edit, modify or remove partly or completely our data-science product and / or products.

6.3 You understand and acknowledge furthermore the risks of using crypto assets and blockchain technologies in general. You are exclusively responsible to handle Your assets safely. You understand that transactions are final and not refundable and that We are not accountable nor liable for any asset losses. You are fully responsible to store your assets and wallet corresponding keys and passwords safely.

6.4 You understand and acknowledge furthermore the risks and uncertainties of using the IPFS decentralized structure, either via an installed IPFS client or via the Gateway. You understand and acknowledge that We are not accountable nor liable for any security risks of the IPFS system.

6.5 You, the User are responsible for consulting corresponding information regarding security risks and problems using the Stellar blockchain and using and browsing the Web 2.0 and Web 3.0 IPFS system. You acknowledge that both systems are not maintained by Us. We use these systems for anonymous payments and transactions as well as for a decentralized storage for our website and data-science product results.

7. Personal information / data policy

Details about our data policy can be found here: Data Policy.

8. Limitation of Liability

8.1 As fully permitted by the applicable German law, We are not accountable, not liable nor responsible for the following:

- Damages of any kind: Whether personal nor a User's property like soft- and hardware, by using our service.

- Losses: Financial losses due to high volatility, third party frauds, third party manipulations, high speculation or trades between a User and a third party. And losses due to wrong or faulty use of IPFS and / or the Stellar blockchain system and wallets.

- Security: Security breaches, hacking, system manipulation of the IPFS system (including third party Peers and Gateways) and / or Stellar blockchain system (including third party wallets as well as our token within the network).

- Third party: Actions, technical implementations / realizations that do not comply with the applicable law in any regard (data security, policy, etc.).

- Any losses and / or damages caused by events beyond our reasonable control, like e.g. power failures, software malfunctions or / and catastrophes beyond.

8.2 We make no assurances, warranties and / or representations about the availability, reliability, accuracy and performance of our Web 2.0 / 3.0 presence and data-science service, as well as including our payment system and the utility token EXH.

8.3 As fully permitted by the applicable German law, the data-science service, website, utility token EXH and other products and solutions We develop, maintain and extend are provided "as is" without any warranty.

8.4 Any dispute arising out of or related to these TC is personal to you and Us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual tries to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

9. Amendments and changes

We may change these TC partly or completely sporadically, to fulfill and comply with German law and regulations. Changed TC will be announced on our social media channel and on this website, leading to an updated time stamp and changing version number.

Appendix 1. Details about EXH

A 1.1 Total amount of 10,000,000 (Ten Million) in the public Stellar network.

A 1.2 All token are fixed and the issuer account GD7S2JWO3SSA2YR2WZSKTIUIBGKBUAWKKGNBBLWJNECIZR2I7TUSC3M4 is locked and cannot generate more token on the behalf of anyone, including Us.

A 1.3 There will be no airdrop, no bonus and no large, initial ICO.

A 1.4 Sales are performed weekly.

A 1.5 The number of weekly sales depends on the maximum computational capacities. The maximum amount of sold token will be set below the maximum capacities.

A 1.6 The price will be coupled to the Fiat EURO (EUR), the official currency of the European union. The link between EURO and EXH is performed via XLM.

A 1.7 A purchase is final and cannot be refunded.

Appendix 2. Risks of purchasing EXH

Before reading the list of possible risks please note that We do not guarantee and are not liable nor accountable for the completeness of all possible risks, that are involved by purchasing EXH. You should consider the risks by informing yourself, consulting a lawyer, accountant and / or professional in financial businesses and / or affairs. As already stated you read, understand and acknowledge the TC including the following list of risks. Consider that We are not accountable, not liable nor responsible for any stated risk.

A 2.1: Volatility Crypto assets, blockchain assets and digital assets in general are affected by high volatility. If you consider purchasing EXH for investing and / or speculation purposes, you acknowledge that the price and volatility in general in the decentralized Stellar exchange cannot be predicted and / or guaranteed by Us, the authorities, companies or other individuals. The volatility can cause a severe financial loss. Thus, We recommend purchasing and using EXH exclusively for our data science platform.

A 2.2: IT Security Please consider that any IT infrastructure, including ours as well as Yours and the one of third parties, can be affected by unauthorized access (hacking), resulting in asset losses and other financial risks.

A 2.3: Stellar network / Transactions & Payments We are no developers of the Stellar network and protocol. Any errors, mistakes, bugs, backdoors etc. in the system, can cause manipulation of the network and Stellar based assets like EXH. Transactions and payments You perform with XLM, EXH and crypto assets in general may cause a loss of Your assets by e.g. wrongly set transactions and / or other accidental operation / misuse by You.

A 2.4: Private key Private keys of Your wallet are the exclusive access key to Your wallet and digital asset. Losing this key can cause unauthorized access of third parties and / or the risk to lock yourself out of your assets.

A 2.5: Regulation under German law We are a German based startup, located in Stuttgart, Germany. Consequently, all our actions, commercial operations, etc. are compliant with the law and regulations. EXH is a Utility Token and can only be used for our service and does not include any rights of Security and / or Equity Token. Regulations, laws etc. may change and affect also EXH in the future. This could result in EXH modifications, new implementations, or even a removal and / or prohibition of EXH and corresponding sales lead by Us.

A 2.6: Taxes Purchasing EXH and / or gaining financial profit by selling EXH may result in miscellaneous taxes. By not properly recording your purchases you may (unwillingly / unknowingly) commit a fiscal evasion.

A 2.7: Development The future development of our company and data science service and products is linked with several factors. Due to the lack of interest in the community, due to competition and / or due to changed algorithms and / or no data access, We may have to perform changes in our policy and / or development cycle. In the worst case, this can result to a shutdown of our service that leads to a financial loss of EXH token. A complete loss may be possible due to the stated reasons. Also, development and / or decisions made by Us, may lead to negative price results.

A 2.8: Sales by third parties We do not corporate with any third party regarding EXH sales. Please inform yourself, which public keys correspond to Us and which sales are performed by Us. Third parties in the Stellar exchange may manipulate or affect the price of EXH negatively.

A 2.9: Closing remarks / words Blockchain, the consensus protocol, Stellar (including our Utility Token EXH), the Web 3.0 and IPFS and many other recent technologies are still in a beta phase, need further developments and considerations. These technologies are new and the technological, social and financial impact cannot be anticipated. Please be aware that new technologies include a high risk and possible risks, that are not known yet or not stated in this list.



This is the end of the TC.