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Aeterstate Technology Platform - Beta Program Terms and Conditions

Effective Date: April 12, 2025

IMPORTANT: READ THESE TERMS CAREFULLY BEFORE PARTICIPATING. Your participation in the Aeterstate technology platform beta testing program ("Beta Program") signifies your explicit agreement to these legally binding Beta Testing Terms and Conditions ("Terms"). These Terms govern your access to and use of the beta version of the Aeterstate platform, including websites, applications, software, smart contract interfaces (deployed exclusively on Testnet), documentation, and related materials provided during the Beta Program (collectively, the "Beta Platform" or "Platform").

By clicking "I Agree," accessing, or otherwise participating in the Beta Program, You ("Participant", "You", "Your") represent that You have read, fully understood, and unconditionally agree to be bound by these Terms and any documents referenced herein, including the Aeterstate general Terms of Service and Privacy Policy (to the extent applicable and not superseded by these specific Beta Terms). If You do not agree to ANY provision of these Terms, You MUST NOT participate in the Beta Program and must immediately cease any access or use of the Beta Platform.

CRITICAL WARNING: NON-FINANCIAL, TESTNET-ONLY ENVIRONMENT.The Beta Program operates EXCLUSIVELY on designated public blockchain TEST NETWORKS (e.g., Optimism Sepolia). ALL activities, transactions, tokens (including but not limited to simulated "AE" utility tokens, simulated "AECHF" stablecoins, simulated property tokens, or any other digital representation), features, simulations, data, or metrics within the Beta Platform environment have ABSOLUTELY ZERO REAL-WORLD MONETARY VALUE. They are purely for technology demonstration, testing, feedback collection, and user experience evaluation purposes. They ARE NOT investments, securities, financial instruments, commodities, or assets of any kind. They CANNOT be purchased, sold, traded, exchanged, or redeemed for fiat currency, valuable cryptocurrencies (like ETH, BTC), or any item of monetary value outside the isolated Beta Program test environment. Any numbers displayed suggesting value, price, yield, or returns are ENTIRELY SIMULATED for testing interface elements and user comprehension ONLY and bear no relation to any potential real-world performance or value. Participation is NOT an investment opportunity and confers NO rights to any future product, service, or financial return. Aeterstate is a technology development entity and IS NOT operating as a regulated financial institution, exchange, broker, or investment advisor during this Beta Program.

1. Extended Definitions for Beta Program Context

In addition to definitions in the general Terms of Service, the following specific definitions apply unequivocally to this Beta Program and these Terms:

  • "Beta Program" means the strictly limited period designated by Aeterstate during which the Beta Platform is made available to authorized Participants solely for testing, evaluation, and Feedback purposes, under the conditions specified herein.
  • "Beta Platform" means the specific pre-release version(s) of the Aeterstate technology platform, including all components (software, interfaces, smart contract templates, Testnet deployments), documentation, and materials provided exclusively for the purpose of this Beta Program.
  • "Participant" means an individual or entity expressly invited and authorized by Aeterstate, who has agreed to these Terms, to access and use the Beta Platform solely for testing purposes.
  • "Testnet" means public blockchain test networks (e.g., Optimism Sepolia, Goerli) which are separate from main operational blockchains ("Mainnet"). Testnet environments use tokens and assets that have no economic value and are used exclusively for development and testing. All Beta Program activities occur solely on designated Testnets.
  • "Demonstration Tokens" means ANY and ALL digital tokens created, used, displayed, or transacted within the Beta Platform environment, regardless of name (e.g., "AE", "AECHF", property-specific names). These tokens exist ONLY on Testnet, have ZERO monetary value, are non-transferable to Mainnet or valuable wallets, cannot be exchanged for value, and serve only to simulate potential blockchain functionalities for testing.
  • "Simulation" means any feature, data display, transaction, calculation, or process within the Beta Platform designed to mimic potential real-world functionality but operating entirely within the Testnet environment with Demonstration Tokens and having no real economic impact or consequence. This includes, but is not limited to, simulated investments, simulated trading, simulated yield calculations, simulated property valuations, and simulated fee applications.
  • "Zero Monetary Value" means having no value in any real-world currency (fiat or cryptocurrency), no exchangeability for goods or services, no investment potential, no status as property or asset, and existing solely as a testing artifact within the confines of the Testnet environment for the Beta Program. This applies absolutely to all Demonstration Tokens and simulated activities.
  • "Feedback" means any and all suggestions, comments, error reports, usability analysis, performance data, ideas, concepts, know-how, techniques, or other information provided by the Participant to Aeterstate concerning the Beta Platform, its performance, features, or documentation.
  • "Confidential Information" includes all non-public information related to the Beta Platform, its features (released or planned), performance, underlying technology, security aspects (including vulnerabilities discovered), Aeterstate's business plans related to the technology, the roadmap, the identities of other Participants (if applicable), the specific content of Feedback provided by others, and the very existence and operational details of non-public aspects of the Beta Program.
  • "KYC Simulation" means the process within the Beta Platform intended to test the user interface and workflow of a potential Know Your Customer/Anti-Money Laundering verification process. It uses simulated data or Participant-provided information solely for testing this workflow and DOES NOT constitute a legally valid or compliant KYC/AML check for regulatory purposes.
  • "Production Launch" means the potential future commercial release of a version of the Aeterstate platform operating on Mainnet with real assets or regulated financial instruments. Any such launch is ENTIRELY CONDITIONAL and subject to the prerequisites outlined in Section 15 of these Terms. The Beta Program does not guarantee a Production Launch will ever occur.
  • "Swiss Law" means the applicable laws and regulations of Switzerland, including but not limited to the Swiss Federal Act on Data Protection (FADP), the Swiss Code of Obligations (CO), the Financial Market Infrastructure Act (FMIA), the Financial Services Act (FinSA), the Anti-Money Laundering Act (AMLA), and relevant FINMA (Swiss Financial Market Supervisory Authority) ordinances and circulars, as they may apply to financial technology, digital assets, and potential future regulated activities.

2. Purpose and Strict Limitations of the Beta Program

  • Primary Goal: Technology Testing & Feedback: The sole and exclusive purpose of this Beta Program is for Aeterstate to gather technical Feedback from Participants regarding the functionality, performance, security, usability, and user interface of the Beta Platform. This involves identifying bugs, glitches, errors, inconsistencies, potential improvements, and assessing the user experience within a controlled Testnet environment.
  • NOT Financial Activity: The Beta Program is explicitly NOT designed for, and does not involve, any form of real investment, securities trading, financial transactions, speculation, capital raising, lending, borrowing, or any activity involving assets or instruments with monetary value. All such activities are simulated using valueless Demonstration Tokens on Testnet.
  • NO Investment Advice or Solicitation: Aeterstate provides NO financial, investment, legal, or tax advice through the Beta Program or Beta Platform. Any information or simulation presented is purely for technological demonstration and testing. Nothing herein or on the Beta Platform constitutes a recommendation, offer, or solicitation to buy, sell, or hold any real asset, security, financial instrument, or Demonstration Token (which has no value anyway).
  • NO Guarantee of Future Product: Participation grants access ONLY to the current Beta Platform for testing. It does NOT guarantee access to any future version, Production Launch, or related service. Aeterstate is under NO obligation to release a commercial product, and the final product, if any, may differ substantially from the Beta Platform.
  • NO Entitlement to Compensation or Rewards (Unless Explicitly Stated Otherwise): Unless separately and explicitly agreed upon in writing by Aeterstate (e.g., through a formal bug bounty program document), participation in the Beta Program is voluntary and unpaid. Participants are not entitled to any compensation, payment, equity, tokens with value, or other remuneration for their participation or Feedback, other than the opportunity to test the Beta Platform.

3. Eligibility and Access Authorization

  • Invitation Only: Access is strictly limited to Participants expressly invited and authorized by Aeterstate. Unauthorized access or sharing of access credentials is a material breach of these Terms.
  • Eligibility Criteria: Participants must meet any criteria specified by Aeterstate (e.g., technical expertise, geographic location restrictions, agreement to these Terms). You represent and warrant that You meet all such criteria.
  • Legal Capacity: You represent You have the legal age and capacity to enter into this binding agreement.
  • Accurate Information: You agree to provide accurate and complete information if requested for participation or during KYC Simulation, understanding its use is solely for testing purposes within the Beta Program.
  • Revocation of Access: Aeterstate reserves the absolute right to revoke Your access authorization and terminate Your participation at any time, for any reason or no reason, without notice or liability.

4. Participant Obligations and Conduct

  • Active and Diligent Testing: You agree to use reasonable efforts to actively test the features and functions of the Beta Platform as directed or suggested by Aeterstate, and to explore its capabilities thoroughly.
  • Timely and Constructive Feedback: You agree to provide honest, detailed, and timely Feedback to Aeterstate through the designated channels. This includes promptly reporting bugs, errors, usability issues, security concerns, and suggestions for improvement, with sufficient detail to allow Aeterstate to understand and potentially reproduce the issue.
  • Compliance with Instructions: You agree to follow any specific testing protocols, guidelines, or instructions provided by Aeterstate.
  • Testnet Environment Understanding: You explicitly acknowledge all activities are on Testnet using valueless Demonstration Tokens and agree not to attempt any interaction with Mainnet assets or real financial systems through the Beta Platform.
  • Prohibited Use - Absolute Restriction on Financial Misrepresentation: You agree NOT to use the Beta Platform, its interfaces, screenshots, or any related materials to imply, suggest, or represent to any third party that You are engaging in real financial transactions, investments, or possess assets of monetary value through Aeterstate. You shall not misuse simulations to mislead others. Any such misrepresentation is a severe breach of these Terms and may lead to immediate termination and legal action.
  • No Malicious Acts: You agree not to perform any Malicious Acts (as defined), including attempting to exploit vulnerabilities for purposes other than reporting them directly and confidentially to Aeterstate, disrupting the service, attempting to assign false value to Demonstration Tokens, or interfering with other Participants.
  • Resource Usage: You agree to use the Beta Platform reasonably and not engage in activities designed to excessively consume Testnet resources (e.g., mass automated simulated transactions unrelated to meaningful testing).

5. Confidentiality

  • Strict Confidentiality: You agree to treat all Confidential Information received or accessed during the Beta Program with the strictest confidence.
  • Non-Disclosure: You shall not disclose any Confidential Information to any third party (including via social media, blogs, forums, or public discussion) without Aeterstate's express prior written consent. This includes screenshots, descriptions of features (especially unreleased ones), performance metrics, discovered bugs/vulnerabilities, and even the specific details of non-public beta activities.
  • Limited Use: You shall use Confidential Information solely for the purpose of testing the Beta Platform and providing Feedback to Aeterstate.
  • Protection Standard: You shall use at least the same degree of care to protect Confidential Information as You use for Your own most sensitive confidential information, but no less than a reasonable standard of care.
  • Survival: The confidentiality obligations shall survive the termination of Your participation and these Terms indefinitely for trade secrets and for at least five (5) years for other Confidential Information.
  • Return/Destruction: Upon termination or Aeterstate's request, You agree to promptly return or securely destroy all Confidential Information in Your possession or control.

6. Feedback Ownership

  • Assignment to Aeterstate: You agree that all right, title, and interest in and to any Feedback You provide automatically becomes the sole and exclusive property of Aeterstate upon its creation. You hereby irrevocably assign, and agree to assign, all such rights, including all Intellectual Property Rights, to Aeterstate globally and in perpetuity.
  • Unrestricted Use: Aeterstate shall have the unrestricted right to use, copy, modify, incorporate, distribute, display, perform, create derivative works from, and otherwise exploit the Feedback for any purpose (including product development, marketing, and support) without any obligation, attribution, or compensation to You.
  • Waiver: You waive any moral rights You may have in the Feedback. You warrant that Your Feedback is Your original work or You have the right to provide it, and that it does not infringe any third-party rights.

7. Intellectual Property Rights

  • Aeterstate Ownership: The Beta Platform, including all software, code, algorithms, designs, user interfaces, graphics, text, data, documentation, smart contract templates, Aeterstate trademarks (e.g., AETERSTATE®), logos, and all underlying technology and Intellectual Property Rights, are and remain the exclusive property of Aeterstate and/or its licensors.
  • Limited License for Testing Only: Subject to Your strict compliance with these Terms, Aeterstate grants You a temporary, limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely to access and use the Beta Platform during the Beta Program period, exclusively on designated Testnets, for the sole purpose of testing, evaluation, and providing Feedback as contemplated herein. This license does not grant any rights to use the Platform for production, commercial, or any other purpose.
  • No Other Rights: No other rights or licenses are granted, expressly or by implication. You acquire no ownership interest in the Beta Platform or any associated Intellectual Property Rights.
  • Protection of IP: You agree not to copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, or create derivative works of the Beta Platform or its components, except as strictly necessary for authorized testing and feedback activities under these Terms. You agree to protect Aeterstate's Intellectual Property Rights with the same diligence You use for Your own valuable intellectual property. Unauthorized use or disclosure is a material breach.

8. Data Privacy and Testnet Data

  • Application of Privacy Policy: Collection and use of any Personal Data during the Beta Program are governed by Aeterstate's general Privacy Policy, supplemented by these Terms. Please review the Privacy Policy carefully.
  • Beta Context: Data collected (Usage Data, Feedback, Technical Data, KYC Simulation Data) is used primarily for Beta Program purposes: operating the test environment, analyzing performance, identifying bugs, understanding usability, incorporating Feedback, and ensuring security.
  • KYC Simulation Data Handling: Information provided during KYC Simulation is explicitly understood to be for testing the workflow ONLY. It will be treated as confidential test data, protected according to our security standards, and typically deleted after its testing purpose is fulfilled, subject to any specific analytical needs for platform improvement (where it will be anonymized if possible). It is NOT used for real-world identity verification.
  • Testnet Data is Public/Pseudonymous: You acknowledge that interactions with Testnet blockchains generate public, permanent records associated with Your pseudonymous Testnet Wallet address. Aeterstate does not control this public data but may analyze publicly available Testnet data related to Beta Platform interactions.
  • No Sensitive Production Data: You agree NOT to input any real, sensitive personal or financial data into the Beta Platform, other than potentially Your contact information for communication or specifically requested (and clearly marked) simulated data for KYC testing. Use only test data.

9. Disclaimers of Warranty

  • PROVIDED "AS IS" AND "AS AVAILABLE": THE BETA PLATFORM IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. IT IS EXPERIMENTAL, UNDER DEVELOPMENT, AND PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
  • DISCLAIMER OF ALL WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AETERSTATE EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, OR THAT THE BETA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
  • NO GUARANTEE OF FUNCTIONALITY: Aeterstate does not guarantee that the Beta Platform will function as intended, be free of bugs, viruses, or other harmful components, meet Your requirements, operate without interruption, or that any errors will be corrected. Features may be incomplete, contain errors, or be changed or removed at any time.
  • NO RELIANCE FOR DECISIONS: You explicitly agree not to rely on the Beta Platform, its simulations, or any data presented therein for any real-world financial, investment, legal, or other decisions. It is solely a testing environment.
  • TESTNET RISKS: Aeterstate is not responsible for any issues arising from the underlying Testnet blockchain infrastructure itself (e.g., network outages, bugs in the Testnet protocol).

10. Extreme Limitation of Liability - Beta Context

  • ACKNOWLEDGEMENT OF RISK: YOU ACKNOWLEDGE THAT PARTICIPATING IN A BETA PROGRAM AND USING PRE-RELEASE SOFTWARE INVOLVES INHERENT RISKS, INCLUDING POTENTIAL DATA INCONSISTENCIES (WITHIN THE TEST ENVIRONMENT), FUNCTIONALITY FAILURES, AND UNEXPECTED BEHAVIOR.
  • NO LIABILITY FOR ANY DAMAGES: TO THE ABSOLUTE MAXIMUM EXTENT PERMITTED BY APPLICABLE SWISS LAW, IN NO EVENT SHALL AETERSTATE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; DAMAGES FOR LOSS OF SIMULATED DATA, LOSS OF ACCESS, BUSINESS INTERRUPTION [IN RELATED ACTIVITIES], COST OF SUBSTITUTE TECHNOLOGY, OR ANY OTHER LOSSES), ARISING OUT OF OR IN CONNECTION WITH:
    1. YOUR PARTICIPATION IN THE BETA PROGRAM;
    2. YOUR USE OF, OR INABILITY TO USE, THE BETA PLATFORM;
    3. ANY ERRORS, BUGS, INACCURACIES, OR FAILURES OF THE BETA PLATFORM;
    4. ANY RELIANCE PLACED ON SIMULATED DATA OR FUNCTIONALITY;
    5. ANY INTERRUPTION OR CESSATION OF THE BETA PROGRAM OR PLATFORM AVAILABILITY;
    6. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR TEST SYSTEMS;
    7. ANY MALICIOUS ACTS BY THIRD PARTIES (SUBJECT TO OUR SECURITY EFFORTS);
    8. THESE TERMS.
  • ZERO VALUE ACKNOWLEDGEMENT: THIS LIMITATION APPLIES REGARDLESS OF LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, ETC.), EVEN IF AETERSTATE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SPECIFICALLY ACKNOWLEDGES THAT NO MONETARY LOSS IS POSSIBLE GIVEN THE ZERO-VALUE NATURE OF THE TESTNET ENVIRONMENT AND DEMONSTRATION TOKENS.
  • MAXIMUM AGGREGATE LIABILITY: IF, NOTWITHSTANDING THE FOREGOING, AETERSTATE IS FOUND LIABLE BY A COURT OF COMPETENT JURISDICTION, ITS TOTAL AGGREGATE LIABILITY SHALL BE STRICTLY LIMITED TO A NOMINAL AMOUNT OF TEN SWISS FRANCS (CHF 10.00), REFLECTING THE NON-COMMERCIAL, TESTING NATURE OF THE BETA PROGRAM.
  • Exclusion: Nothing herein limits liability for death or personal injury caused by gross negligence or willful misconduct attributable directly to Aeterstate, as mandated by Swiss law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Aeterstate, its Affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) Your breach of these Terms, particularly obligations regarding confidentiality, prohibited use (including financial misrepresentation), and intellectual property; (b) Your Feedback (e.g., claims it infringes third-party rights); (c) Your grossly negligent or willful misuse of the Beta Platform; or (d) Your violation of any Applicable Law in connection with Your participation (though acknowledging the Beta itself is non-financial).

12. Termination of Participation

  • Termination by Aeterstate: Aeterstate reserves the unequivocal right to terminate or suspend Your participation and access to the Beta Platform at any time, immediately and without notice, for any reason, including but not limited to Your breach of these Terms, inactivity, security concerns, or the conclusion or modification of the Beta Program itself.
  • Termination by Participant: You may cease participation at any time by stopping use of the Beta Platform and notifying Aeterstate if required.
  • Consequences: Upon termination, Your license to use the Beta Platform ceases immediately. You must cease all use and destroy/return Confidential Information. Obligations regarding Confidentiality, Feedback, IP Ownership, Disclaimers, Liability Limitations, Indemnification, and Governing Law shall survive termination indefinitely.

13. Modifications to Beta Program or Terms

Aeterstate reserves the right to modify, suspend, or discontinue the Beta Program or the Beta Platform (or any part thereof) at any time without notice. Aeterstate may also revise these Beta Terms at any time. We will provide notice of material changes (e.g., by posting on the Platform or via email). Your continued participation after notice constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Beta Terms shall be exclusively governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law rules. Any dispute arising from or related to these Terms or the Beta Program shall be subject to the exclusive jurisdiction of the competent courts of the Canton of Geneva, Switzerland. The parties agree to attempt amicable resolution for 30 days before initiating formal proceedings.

15. Conditionality of Any Future Production Launch

  • Beta is Not Production: You explicitly acknowledge that the Beta Platform is a test environment distinct and separate from any potential future Production Launch.
  • No Guarantee of Launch: Aeterstate makes NO representation, warranty, or guarantee that a Production Launch of the Aeterstate platform will ever occur. The decision to proceed towards a Production Launch is solely at Aeterstate's discretion and depends on numerous factors, including technological feasibility, market conditions, funding, strategic decisions, and, crucially, regulatory considerations.
  • Regulatory Compliance Prerequisite: You understand and agree that Aeterstate WILL NOT proceed with any Production Launch involving real financial transactions, securities, or regulated activities unless and until:
    1. Aeterstate has established the necessary corporate structure(s) appropriate for the intended activities.
    2. Aeterstate, or its designated partners/SPVs, has obtained all required licenses, authorizations, registrations, or approvals from FINMA and any other relevant Swiss or international regulatory bodies for the specific activities to be conducted (e.g., potential licenses for operating a trading facility, acting as a financial intermediary, issuing securities, etc., depending on the final business model).
    3. The platform architecture and operational procedures fully comply with all applicable Swiss laws and regulations, including FMIA, FinSA, AMLA, FADP, and relevant FINMA circulars.
    4. Appropriate legal documentation, including compliant prospectuses for any potential security token offerings by third-party SPVs, are in place and approved as necessary.
    5. Robust security, risk management, and compliance frameworks meeting regulatory standards are implemented and operational.
  • Separation of Concerns: The technology demonstrated in the Beta Program may or may not be part of a future regulated offering. The existence of a feature in beta does not imply it will be offered in a regulated context later. Any future regulated offering would be governed by separate, specific terms, conditions, prospectuses, and eligibility requirements mandated by Swiss law.
  • No Acquired Rights: Your participation in the Beta Program grants you NO acquired rights, preferential treatment, or entitlement whatsoever regarding any potential future Production Launch or any associated tokens or securities with real value.

16. Miscellaneous

  • Entire Agreement: These Terms, along with the general Terms of Service and Privacy Policy (as applicable and not conflicting), constitute the entire agreement regarding Your participation in the Beta Program.
  • Severability: If any provision is found invalid, the remaining provisions remain in effect.
  • No Waiver: Failure to enforce any right does not constitute a waiver.
  • Assignment: You cannot assign these Terms; Aeterstate may assign them freely.
  • Contact: For questions regarding these Beta Terms, contact [Provide Beta Program Contact Email - e.g., beta-compliance@aeterstate.ch].

Last Updated: April 12, 2025