Terms and Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions: Application means the software program provided by the Company downloaded by You on any electronic device, named Aimedis means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Account means a unique account created for You to access our Service or parts of our Service. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. Country refers to: Netherlands. Device means any device that can access the Services such as a computer, a cellphone or a digital tablet. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service. Goods refer to the items offered for sale on the Service. Orders mean a request by You to purchase Goods from Us. In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions. Promotions Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You. Free Trial refers to a limited period of time that may be free when purchasing a Subscription. Terms and Conditions (also referred as 'Terms') mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to Aimedis, accessible from https://www.aimedis.com You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Placing Orders for Goods By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. Your Information If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Order Cancellation We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability Errors in the description or prices for Goods Errors in Your Order Your Order Cancellation Rights Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. You will not have any right to cancel an Order for the supply of any of the following Goods: The supply of Goods made to Your specifications or clearly personalized. The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over. The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items. The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Token Trading

Using bots to trade the Aimedis token (AIMX) is strictly forbidden and leads to immediate blacklisting of the connected wallet(s). In case the token is traded in an abusive way (dump) Aimedis has the right to tax the connected wallets with 25% for each operation. In case of repeated dumping, the wallet may be blacklisted for 7 days. This can and will be repeated in case of ongoing abusive trading operations. The Aimedis token is an important utility for the healthcare ecosystem and has not been published as a pump and dump trading asset. All buyers must assure that they are not a citizen or resident of a country whose legislation prohibits the receipt or distribution of cryptographic tokens such as the Aimedis tokens. The ownership of Aimedis tokens does not include any rights other than the use as a means of utility & payment (based on the current exchange rate, as it is traded on third-party exchanges) for utility tokens from Aimedis as a voucher for the purchase of electronic services from Aimedis, as soon as these are offered to the public. The buyer understands and confirms that Aimedis tokens do not have any property right or participation, share, uncertified security or similar rights in Aimedis, nor a right to future income, shares or any other form of participation or management rights in representation reference to Aimedis. The buyer guarantees to have extensive experience and understanding of the use and complexity of cryptographic tokens such as Bitcoin, Ether and blockchain-based software systems as well as smart contract systems. The buyer is aware that buying Aimedis tokens can be associated with considerable risks. The buyer confirms that he assumes the risks associated with the purchase of Aimedis tokens (including the risk of a complete loss of the purchased amount). The buyer assures that he is not a citizen or resident of a country whose legislation prohibits the receipt or distribution of cryptographic tokens such as the Aimedis tokens.

Please trade responsibly.

Aimedis Avalon

(hereafter referred to as "the Platform") allows users to buy, use, collect, transfer, and trade unique digital game assets that contain exclusive content licensed from third-party IP partners (each asset referred to as an "Avalon NFT" and each third-party partner referred to as an "IP Partner"). Aimedis LLC, a limited liability company based in Delaware, USA, is providing the Platform to you. Before you can purchase or use any Avalon NFT on the Platform, you must agree to these Avalon NFT Terms of Use and any terms and conditions incorporated by reference (collectively referred to as "these Terms").

Obtaining Avalon NFTs

(a) Obtaining Avalon NFTs. You can acquire Avalon NFTs by purchasing them from us on the Platform or from other users on the Marketplace. We reserve the right to modify the types, prices, and numbers of Avalon NFTs available at our discretion.

(b) Earning Avalon NFTs. You may have the opportunity to earn Avalon NFTs for free through participation in certain challenges or marketing campaigns on the Platform, or by completing specific tasks that we may offer on the Platform from time to time.

(c) Characteristics of Avalon NFTs. Avalon NFTs contain content licensed from one of our IP Partners, and each has a set of attributes, including rarity, which influence its value.

(d) Subjectivity of Avalon NFTs. The value of each Avalon NFT is subjective, like other collectibles, and has no inherent or intrinsic value. Any purchase or sale you make, accept, or facilitate outside of the Platform for Avalon NFTs is entirely at your own risk. We do not endorse or control purchases or sales of Avalon NFTs outside of the Platform and explicitly deny any obligation to indemnify you or hold you harmless for any losses you may incur from engaging in or facilitating transactions of Avalon NFTs outside of the Platform.

Financial Transactions

Purchases made on or through the Platform, including Avalon NFTs or other items, are not eligible for refunds. All payments and financial transactions on the Platform will be processed through the Binance Smart Chain Network. We do not have any control or influence over these payments or transactions and cannot reverse them. We are not responsible for any claims or damages that may arise from any payments or transactions made on the Platform or any other payment or transactions conducted through the Binance Smart Chain Network.

Ownership, Licensing, and restrictions

(a) Ownership and use of Avalon NFTs. We recognize your ownership of Avalon NFTs only if you have legitimately obtained them from a legitimate source and not through any prohibited activities. In this section, "Art" refers to any art, design, and drawings that may be associated with an Avalon NFT that you own. "Own" refers to an Avalon NFT that you have legitimately obtained from a legitimate source (and not through any prohibited activities) where proof of such purchase is recorded on the Ethereum Network. "Purchased Avalon NFT" means an Avalon NFT that you own. "Third Party IP" refers to any third party patent rights (including, but not limited to, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how, or any other intellectual property rights recognized in any country or jurisdiction in the world.

(b) We own the Platform. You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, titles, and interests in and to all other elements of the Platform, and all intellectual property rights therein (including, but not limited to, all Art, designs, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of content, code, data, and all other elements of the Platform (collectively, the "Platform Materials")). You acknowledge that the Platform Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Platform Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Platform or otherwise contained in the Platform Materials are proprietary to us or our licensors.

(c) Further user ownership acknowledgements. You understand and agree: (1) that your purchase of an Avalon NFT, whether through the Platform or otherwise, does not give you any rights or licenses in or to the Platform Materials (including, but not limited to, our copyright in and to the associated Art) other than those expressly provided in these terms; (2) that you do not have the right, except as otherwise set forth in these terms, to reproduce, distribute, or otherwise commercialize any elements of the Platform Materials (including, but not limited to, any Art) without our prior written consent in each case, which we may withhold in our sole and absolute discretion; and (3) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which we may withhold at our sole and absolute discretion.

We grant you a license to use the art for your purchased Avalon NFTs for personal, non-commercial purposes, as long as you follow these terms. You can use the art on a marketplace that verifies each owner's rights to display the art for their purchased Avalon NFT, or on a third-party website or application that allows the inclusion of your purchased Avalon NFT and verifies the owner's rights to display the art. You may not alter the art in any way, use it to advertise or sell third-party products or services, or use it with media that depict hateful or harmful content. You also may not sell or commercialize merchandise with the art, try to trademark or copyright it, or use it for commercial benefit.

If your purchased Avalon NFT contains third-party intellectual property, you may only use it as it is incorporated in the art and in accordance with the terms and restrictions set forth in these NFT terms. Depending on the license granted by the owner of the third-party intellectual property, we may need to pass along additional restrictions on your use of the art. If we inform you of such restrictions in writing, you are responsible for complying with them from the date you receive the notice. Failure to do so will be considered a breach of the license in this section.

Your license to use the art for your purchased Avalon NFT will end if you sell, exchange, donate, give away, transfer, or dispose of the NFT for any reason. The restrictions in sections 3(e) and 3(f) will remain in effect even after these terms end.

Conditions of use and prohibited activities

As a user of the Platform, you are responsible for your own behavior and any consequences that may result from it. You agree to use the Platform only for lawful purposes and in accordance with these terms and all applicable laws and regulations. You warrant and promise that you will not use the Platform, or allow any third party to use the Platform, in a way that:

• Sends, uploads, distributes, or disseminates unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise offensive content.
• Distributes viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other destructive or deceptive items.
• Uploads, posts, transmits, or otherwise makes available content that infringes on the intellectual property rights of any party.
• Violates the legal rights (such as privacy and publicity rights) of others.
• Promotes or encourages illegal activity (including money laundering).
• Interferes with the enjoyment of the Platform by other users.
• Exploits the Platform for any unauthorized commercial purpose.
• Modifies, adapts, translates, or reverse engineers any part of the Platform.
• Removes any copyright, trademark, or other proprietary rights notices contained on or within the Platform.
• You agree to use the Platform in a way that follows all laws and regulations and does not engage in any of the prohibited activities, including:
• Sending, uploading, distributing, or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise offensive content
• Distributing any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or other destructive or deceptive items
• Uploading, posting, transmitting, or making available any content that infringes on the intellectual property rights of any party
• Using the Platform to violate the legal rights of others (such as rights of privacy and publicity)
• Engaging in, promoting, or encouraging illegal activity (including money laundering)
• Interfering with other users' enjoyment of the Platform
• Exploiting the Platform for any unauthorized commercial purpose
• Modifying, adapting, translating, or reverse engineering any part of the Platform
• Removing any copyright, trademark, or other proprietary rights notices contained in or on the Platform or any part of it
• Reformatting or framing any portion of the Platform
• Displaying any content on the Platform that contains hate-related or violent content or any material, products, or services that violate or encourage conduct that would violate any criminal laws or other applicable laws or third party rights
• Using any spider, site search/retrieval application, or other device to retrieve or index any part of the Platform or the content posted on it, or to collect information about its users for any unauthorized purpose
• Accessing or using the Platform to create a product or service that is competitive with any of our products or services
• Abusing, harassing, or threatening another user of the Platform or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, but not limited to, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by a our employees or otherwise)
• Using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually

The following terms and conditions outline the acceptable use and prohibited activities on our platform. As a user, you are responsible for your own conduct while using the platform and must only use it for legal and appropriate purposes, in accordance with these terms and any applicable laws or regulations. You warrant and agree that your use of the platform will not involve any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content, or any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or other destructive or deceptive items. You also agree not to infringe upon the intellectual property rights of any party or violate the legal rights of others, or engage in or promote illegal activity. You must not interfere with the enjoyment of other users on the platform, exploit it for unauthorized commercial purposes, modify, adapt, translate, or reverse engineer any part of it, remove any copyright, trademark, or other proprietary rights notices, reformat or frame any part of it, or display any content that contains hate-related or violent material or violates any laws or third party rights. You must not create user accounts through automated means or under false or fraudulent pretenses, impersonate another person, use or operate a computer program to simulate the behavior of a user, or use automation to engage in any activity or transaction on the platform. You must also not acquire digital assets through inappropriate or illegal means, or facilitate the purchase or sale of user accounts for cash or cryptocurrency outside of the platform. If you engage in any prohibited activities, the platform may suspend or terminate your user account and delete your digital asset images and descriptions from the platform without notice or liability. In some cases, the platform may also deem any transactions that took place as a result of such activities to be void and confiscate any digital assets that were acquired as a result of such activities.

You are explicitly not allowed to spread false information related to any but especially healthcare, science, research or medical guidelines.

If you are not a medical professional you are explicitely not allowed to give advise or consultation regarding any healthcare related topics including treatments, diagnoses, medications, allergies, prescriptions or any other health related topic.