This Site (as defined in the Website Terms of Use) relates to EQIFI Tokens (the ”Tokens”) issued by EQIFi Tokens Limited, which is incorporated in the British Virgin Islands as a BVI Business Company with registered number 2057286 and has its registered address at Trinity Chambers, Ora et Labora Building, Wickhams Cay II, Road Town, P.O. Box 4301, Tortola, British Virgin Islands (the “Token Generator”) and the intended development and use of the Tokens within the ecosystem developed by those affiliated to the EQIFI group and their associates.
Unless indicated otherwise, references herein to EQIFI are to the community operating the Platform and other words and phrases herein shall have the same meaning as in the Website Terms of Use.
Neither this website nor its content is endorsed by any regulatory or government authority. The content of the pages of this Site are only available on the EQIFI website at www.EQIFI.com and may not be redistributed, reproduced or passed on to any other person or published, in part or in whole, for any purpose, without the prior written consent of the Token Generator. This website and its content, in full or part, must not be accessed in, taken or transmitted to, any country where distribution or dissemination thereof is prohibited or restricted and by accessing this website, you agree to be bound by this requirement and the Website Terms of Use.

No offer of regulated products

This Site does not constitute an offer or solicitation of securities, investments or any other regulated product, nor a promotion, invitation or solicitation for investment purposes. The Tokens involve and relate to the development and use of experimental platforms (software) and technologies that may not come to fruition or achieve the objectives specified in this website. The Tokens do not represent equity, shares, units, royalties or rights to capital, profit, returns or income in the platform or software or in the Token Generator, any Affiliate or other company or intellectual property associated with the platform or any other public or private enterprise, corporation, foundation or other entity in any jurisdiction. The Tokens are not intended to represent a security or similar legal interest and are non-redeemable.

No advice

This Site does not constitute advice to purchase any Tokens, nor should it be relied upon in connection with any contract or purchasing decision.

Risk warning

The purchase of Tokens carries with it significant risks. Prior to purchasing Tokens, you should carefully assess and consider the risks, including, but not limited to, those listed on this Site.

Obtain all necessary professional advice

You are advised to consult a lawyer, accountant and/or tax professional as needed prior to determining whether to purchase Tokens to ascertain if this fits your risk profile. This website describes a future and/or developing project, contains forward-looking statements based on the beliefs of EQIFI, as well as certain assumptions made by and information available to EQIFI. The project as envisaged in this website is under development and is being constantly updated, including but not limited to key governance and technical features. Accordingly, if and when the project is completed, it may differ significantly from the project set out in this website. No representation or warranty is given as to the achievement or reasonableness of any plans, future projections or prospects and nothing in this website is or should be relied upon as a promise or representation as to the future. In particular, neither EQIFI nor the Token Generator in particular makes any representation or warranty whatsoever with respect to the Tokens, including, without limitation, any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party; whether arising by law, course of dealing, course of performance, usage of trade, or otherwise. Except as expressly set forth in any Token Generation Agreement or in the Website Terms of Use, the purchaser of Tokens acknowledges that it has not relied upon any representation or warranty made by the Token Generator, or any other person on the Token Generator’s behalf.

Licenses and approvals are not assured in all jurisdictions

EQIFI and its individual group members intend to operate in full compliance with applicable laws and regulations and obtain the necessary licenses and approvals in key markets. This means that the development and rollout of all the features of the ecosystem described in this website are not guaranteed. Regulatory licenses and/or approvals have been and/or will be applied for, by EQIFI and/or its shareholders and/or its assigns and/or its heirs and/or its affiliates, in all relevant jurisdictions in which relevant activities may take place. EQIFI may move its license applications and business to any other jurisdiction. It is not possible to guarantee, and no person makes any assurances, that any such licenses or approvals will be obtained within a particular timeframe or at all or that EQIFI will secure or maintain correspondent bank facilities or commercially viable insurance. This means that banking and other features of the proposed ecosystem may not be available in certain markets, at certain times, or at all. This could require restructuring of that ecosystem and/or its unavailability in all or certain respects.

Views of EQIFI

Unless otherwise indicated, the views and opinions expressed in this Site are those of EQIFI and its group members, including the Token Generator, and do not necessarily reflect the official policy or position of any government, quasi-government, authority or public body (including but not limited to any regulatory body of any jurisdiction). Blog articles on this website represent the views of the author and not necessarily those of EQIFI or the Token Generator. Information contained in this website is based on sources considered reliable by the Token Generator but there is no assurance as to their accuracy or completeness.

Third Party Hypertext Links

Where we provide hypertext links from the Site to other locations on the Internet (including websites and webpages operated by others), we do so for information purposes only. We are not responsible for the content of any other websites or pages linked to or linking to this Site. We have not verified the content of any such websites or pages. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for any damages or in any other way in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. When you access or link to any other website or page, please read the terms and privacy notice issued by such other website or page to determine the policies that apply to information or data maintained by that website. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this website.

Authorized language of this website

This website and related materials are issued in English only. Any translation is for reference purposes only and is not certified or approved by any member of EQIFI, the Token Generator or any other person. No assurance can be made as to the accuracy and completeness of any translations. If there is any inconsistency between a translation and the English version of this website, the English version prevails.

No third-party affiliation or endorsements

References in this website to specific companies and platforms, unless specifically stated otherwise, are for illustrative purposes.

Third-party introductions

We may elect to introduce Products and/or hold any fiat or crypto currencies via a third party, including Affiliates and/or Wallet Providers (as defined in the Website Terms of Use). If any such third party makes a loss, becomes insolvent or otherwise goes out of business, there is no specific legal protection that covers you for losses arising from having held Digital Assets with or via them.

No solicitation of investment business

This Site is operated by the Token Generator and issued specifically in respect of the proposed issuance of the Tokens by the Token Generator. It is not intended as a solicitation of investment business or other financial services business by the Token Generator and the Token Generator will not itself perform any separate or investment business or other financial services activity, nor will it operate, manage, take fees from or make arrangements in respect of the Platform, ecosystem or products described in this website. Nothing in this Site should be taken as a promotion, solicitation or endorsement for, or on behalf of, or with respect to banking services or products whether offered by EQIBank Limited or otherwise. Any banking, introduction or arranging services referenced herein are or will be conducted by EQIBank Limited (which is licensed and regulated as a Bank by the Financial Services Unit of the Commonwealth of Dominica) and/or its nominee/affiliate, Digital custody services will not be provided by the Token Generator but by a third party Wallet Provider indicated in the Website Terms of Use.

Restricted Territories

This Site is not available for use in, and should not be accessed from, certain jurisdictions (or by their citizens/residents) listed as “Restricted Territories” in the Website Terms of Use from time to time, including: the United States of America (America), Bolivia, British Virgin Islands, Canada, Cayman Islands, Central African Republic, the Commonwealth of Dominica, Cote d’Ivorie, Cuba, the Democratic Republic of Congo, the Democratic Republic of Korea (North Korea). Eritrea, Ethiopia, Fiji, Guinea-Bissau, Guam, Haiti, Iran, Iraq, Liberia, Singapore , Libya, Mali, Morocco, Myanmar, Palau, Panama, Rwanda, Samoa, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Thailand, Trinidad & Tobago, Ukraine (Crimea/Sevastopol), US Virgin Islands, Vanuatu, Venezuela, Yemen, Zimbabwe, the People’s Republic of China (which for the purposes hereof does not include Hong Kong, Macau and/or Taiwan).

Residents of the United Kingdom

This Site is not directed at persons in the United Kingdom. In the United Kingdom parts of this Site are available only to (and to the extent that those parts are deemed to be directed at anyone they directed only at, and any investment activity to which it relates will be engaged only with): (i) investment professionals (within the meaning of article 19(5) of The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 as amended (the ‘‘FPO’’)); (ii) persons or entities of a kind described in article 49 of the FPO; (iii) certified sophisticated investors (within the meaning of article 50(1) of the FPO); and (iv) other persons to whom it may otherwise lawfully be communicated (all such persons together being referred to as ‘‘Relevant Persons’’). The information on this Site has not been approved by an authorised person. Any investment to which this Site relates is available only to (and any investment activity to which it relates will be engaged only with) Relevant Persons. If this Site is deemed to be directed at persons, it is directed only at Relevant Persons and persons who are not Relevant Persons should not take any action based upon this Site and should not rely on it. It is a condition of you accessing this Site that you warrant to the Indemnified Parties that you are a Relevant Person.

Volatility

Most digital assets, including the Tokens (collectively referred to below as “Digital Assets”) are more volatile when compared to most fiat currencies (and many other assets) and this wide variation in their price may result in significant loss over a short period of time. We are not responsible for the market in Digital Assets generally or in the Tokens in particular, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by us in respect thereof. You must therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition and circumstances.

Liquidity and listing

Even in the event that they are listed on an exchange, there can be no assurance that an active market will develop in respect of the Tokens, nor that you will be able to find a buyer for your Digital Assets in a timely manner or at all. Tokens and other Digital Assets that are listed on an exchange may be de-listed with little or no notice, making them more difficult to price and/or sell. The Tokens are not transferrable or assignable otherwise than on an exchange recognized by the Token Generator a such.

Classification

Digital Assets (including the Tokens) are not money or legal tender, nor are they debt or equity, they are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream or other source of value.

Regulatory Status

The regulatory status of Digital Assets (including the Tokens) is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or to blockchain technology at a state, national or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of Digital Assets, as well as the provision of the EQIFi Wallet Services. The value of a Digital Asset may be derived from the continued willingness of market participants to exchange fiat currencies for it, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear. Markets in Digital Assets are unregulated. The Platform and Protocol are operated by the Community and not by the Token Generator or any of its Affiliates. Neither the Tokens, Platform, Apps nor Protocols are regulated or governed by “on-shore” regulation (whether in the UK, EU, USA or otherwise) and consequently the protections you might have in those jurisdictions (such as any Financial Services Compensation Scheme or Financial Ombudsman) are not available.

Public Register

Some Digital Asset transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. The ownership of Digital Assets is often determined by a decentralized public ledger and usually cannot be cancelled or reversed, even where there has been a mistake.

Fraud

The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.

Theft

Depending on the security of your Account, Vault and/or Wallet, some may be vulnerable to hacks, resulting in the theft or loss of Digital Assets for which neither EQIFI. The Token Generator nor any of its Affiliates shall be held liable.

Mistake

When transferring Digital Assets (including the Tokens) you alone are responsible for ensuring that the correct delivery wallet address is given. It is likely to be difficult if not impossible to reverse a transaction once the Digital Asset has been transferred, and doing so is entirely out of our control – for which we accept no responsibility or liability.

No Advice of Price Discovery

Keep in mind that we do not provide investment advice and the information coming from us shall not be used as a basis for making decisions about acquiring, holding or selling a particular Digital Asset (including the Tokens).

Responsibility

YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.

Other Risks

You understand and agree that you use this website, the Platform, the Protocols, Apps, your Account, Vaults and/or Wallet, is at your own risk. This Risk Disclosure is not exhaustive and does not disclose all the risks associated with Digital Assets and the use of the services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

Forks

It is important that you understand that the underlying protocols of Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset’s network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset (including the Tokens) and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support. Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.

Blockchain

Since blockchain is an independent public peer-to-peer network and is not controlled in any way by EQIFI, the Token Generator or its Affiliates; neither EQIFI, the Token Generator nor any of its Affiliates shall be responsible for any failure, mistake, error and/or breach that may or does occur in the blockchain or any other network. You will be bound by any changes/amendments to the blockchain system and subject to the laws applicable to it. Neither EQIFI, the Token Generator nor any of its Affiliates make any representation or warranty (express or implied) in respect of the blockchain or its fitness for purpose.

Protocol

Neither EQIFI, the Token Generator nor its corporate Affiliates own or control the underlying software protocols which govern the operation of the Protocols available on/via the platform. In general, the underlying protocols are open source and anyone can use, copy, modify and distribute them. Neither EQIFI, the Token Generator nor its Affiliates are responsible for the operation of any underlying protocol and accordingly make no guarantee or representation as to functionality, security, or availability. The underlying protocols are subject to sudden changes in operating rules (“Forks”), and such Forks may materially affect the value, function, and/or other characteristics of Digital Assets. In the event of a Fork, we may temporarily suspend operations (with or without notice), configure or reconfigure systems, and/or decide not to support (or cease supporting) the Forked protocol entirely. We may also, in our absolute discretion, decide to adjust your Account in respect of a Fork, depending on the circumstances.

Investments

The value of investments (and any income received from them) can fall as well as rise and you may not get back the amount you invested. For some investments, this can also happen as a result of exchange rate fluctuations because they may have an exposure to overseas markets. Nationals or residents of certain countries or territories may be subject to exchange controls and should seek independent advice before acquiring Tokens.

Crypto, digital currency and digital assets

The risk of loss in trading or holding Crypto-Assets, Digital Assets and/or digital currency can be substantial, you should therefore carefully consider whether trading or holding them is suitable for you in light of your financial condition and circumstances. It is possible to lose the entire value of your holding of Crypto-Assets and/or other Digital Assets. In the event that the Token Generator and/or its Affiliates become aware of a legitimate dispute as to the beneficial ownership of any Digital Asset we may restrict activity in respect thereof until the dispute has been settled to our satisfaction.

Tax

Tax rules differ from country to country. If you are unsure about your personal tax obligations (whether in acquiring, holding or selling Tokens or otherwise) you should seek professional tax advice. It is your responsibility to disclose your income to tax authorities.
Your tax situation will depend on your personal circumstances, and we recommend you obtain independent tax advice. Any tax information in this Site is based on our understanding of current and proposed legislation and practice and is not intended as legal or tax advice (nor should it be relied upon as such). Legislation and practice may be subject to change.
You alone are responsible for any filing/reporting and payment of tax due to any applicable and competent tax authority, as required by the laws of your local jurisdiction or otherwise. The uncertainty in tax legislation relating to digital assets (including the Tokens) may expose you to currently unknown and/or future tax consequences for which neither EQIFI, the Token Generator nor its Affiliates shall be held liable.

Product Disclaimers

Suitability: Trading, acquiring and holding Crypto-Assets, including the lending and borrowing of them, is not suitable for everyone, carries high risk and can lead to the total loss of the capital used. We strongly recommend that you do not acquire more than you can afford to completely lose.

Understanding: Before you start using Crypto-Asset Products, the Platform and/or the Protocol you should make sure that you fully understand the risks involved and instruct the help and advice of a suitably regulated independent third-party adviser if you are in any doubt.

Past performance: Any personal successful trading of Crypto-Assets in the past or present, is no indication of success in the future.

No promotion: This Site does not constitute an offer or solicitation of securities, investments or any other regulated product, nor a promotion, invitation or solicitation for investment purposes.

Tokens: EQIFI Tokens (the “Tokens”) do not represent equity, shares, units, royalties or rights to capital, profit, returns or income in the platform or software or in the Token Generator, any Affiliate or other company or intellectual property associated with the Platform or any other public or private enterprise, corporation, foundation or other entity in any jurisdiction and are non-redeemable. The Tokens involve and relate to the development and use of experimental platforms (software) and technologies that may not come to fruition or achieve the objectives specified. The Tokens (and their use) are not available in certain jurisdictions and are not intended to be purchased or used in or from jurisdictions in which arrangements for such purchase or use are prohibited. The value of an acquisition of Tokens (and any income from using them) can fall as well as rise and you might not get back the amount you used to purchase the Tokens. Like any internet-provided service, there is a risk of communications failure including that arising from software, hardware or internet faults or malicious attack. You are directed towards https://www.eqifi.com/contact/ for further marketing and risk disclaimers.

Crypto-Assets: The market for Crypto-Assets is novel, dynamic and evolving with the result that prices are often highly unpredictable and volatile. Crypto-Asset pricing is usually not transparent, highly speculative and susceptible to market manipulation. In some circumstances Crypto-Assets could become worthless. Accordingly, Crypto Assets are regarded as high-risk and should not be purchased unless you can afford to lose their entire value.

De-listing: Crypto-Assets that have benefited from the relative (although possibly not reliable) price-transparency of being listed, may be de-listed with little or no notice and become illiquid and would consequently no longer be supported by the Platform and/or Protocol.

Notifications: It is your sole responsibility to regularly check the Site for notices and other information relating to your Account, failing to do so could result in unrecoverable losses.

Crypto-Conversions: Because Crypto-Asset markets are decentralized and not regulated, the conversion of one Crypto-Asset to another is not a regulated activity governed by on-shore regulation or otherwise. Users will therefore not benefit from statutory investor compensation schemes, arbitration in their home jurisdiction, best execution rules, or legislation prohibiting market manipulation. There is a possibility of market movement between placing your order and its delivery, consequently the rate of conversion that you receive may differ (either in your favour or against) from that which you requested. Volatility is increased to the extent that a spread (fee) is taken from the conversion transaction. You may be able to get a better rate of conversion elsewhere but, in doing so, you would likely not as quickly deposit the converted Crypto-Asset into your Account, Wallet or Vault. The volatility of Crypto-Assets also means that where the Platform, App and/or Protocol provides information to you that includes a USD figure to represent the relative value of your Crypto-Assets this can only be an estimation of their realizable worth and not a certain fixed figure on which you can or should rely, such USD figures do not represent the amount you will necessarily receive on realization of the Crypto-Asset in question, not least because, in addition to volatility, conversion charges/spreads may apply.

Interest Rate Swaps: The interest rate swap Product (“IRS”) is not available or suitable for all Users. The IRS is not available to citizens or residents of the Restricted Territories, and in the UK it is only available to Relevant Persons. You are directed to the risks set out in the Description in the IRS Supplemental Agreement. The IRS is not suited to long-term investment, you may not be able to roll-over one IRS at its End Date to another IRS. The IRS is not listed on any exchange, nor is any secondary market expected to develop in or in respect of it, consequently the IRS is an illiquid investment which you may not be able to realise quickly, within a reasonable period, or at all. The IRS is a form of contract for difference (“CfD”), which means that you are not purchasing the underlying interest rate contract (whether fixed or variable) but rather purchasing a contract to settle the difference in the initial and ending price of that underlying contract. When trading CfDs, the purchaser generally provides margin, which means depositing only a small percentage of the overall value of your total position in a CfD. This is a form of “leverage” and consequently even a small market movement in the value of the underlying asset may have a great impact on profit or loss – and losses can be significant, total or unlimited. Your capital and other Crypto-Assets are therefore at risk.

Borrowing: At all times when you have Crypto-Credit (borrowed Crypto-Assets) you must ensure that your Account, Wallet and Vault meets margin requirements, which may change from time to time. You may need, at short notice, to provide the Protocol with additional Crypto-Assets as collateral in order to maintain the borrowing. If you do not do this the Protocol will liquidate collateral and you will be responsible and liable for the losses incurred as a result. Your collateral and other Crypto-Assets are therefore at risk. Early repayment may incur penalty charges and need not reduce the overall Interest charged.

Lending: Although the Protocol on the Platform includes a Loan Protection Protocol, the principal Staked in a Vault, Lending Pool and/or Liquidity Pool is never-the-less at risk in the event of the default of third-party borrowers. The Protocol allocates your risk across as many borrowers as it determines suitable (although this cannot exclude the possibility of counterparty, market sector or other concentration risk). The Crypto-Assets that you Stake will not be available to you until the End Date, at which time you will not receive the same Crypto-Assets back but will be entitled to receive Interest (if any) plus (in one transfer) the same amount of equivalent Crypto-Assets of the same type that you Staked, provided that borrowers have not defaulted. You may Instruct the Protocol to consider renewal at the End Date but such renewal is not automatic and might not be immediate or happen at all, depending on the parameters considered by the Protocol. If a variable interest rate Product is selected, you should note that Interest may be negative in some circumstances and not always positive. Your Staked capital is therefore at risk.

Deposits: Nothing in the term “deposit” used on the Platform, Protocol or App, in respect of Crypto-Assets or otherwise, shall mean, or be deemed to mean or infer, a guarantee or any banking or fiduciary relationship or the holding of money or other assets on deposit or in custody. Where the term is used on the Platform, Protocol or App “Deposit” shall mean Crypto-Assets placed in a Vault, Wallet or Lending Pool, as the context requires. Neither the Community, the Platform, the Protocol, the App, the Token Generator nor EQIFI Management Limited conduct banking activities.

Last Updated December 8, 2021