TERMS AND CONDITIONS OF THE LOAN SERVICE


  1. Definitions

User or Lender: natural or legal person who donate or loans virtual currencies via the EthicHub platform.

Representative of the Community or Borrower: natural person who represents the farming communities for the signing of the collaborative loan generated via the EthicHub platform.

Collaborative loan or loan : credit integrated by different contributions in virtual currencies of the lenders, selected in the local Node or Selector, and whose purpose is the financing of farming communities, which are represented by the Borrower.

Local Node or Selector: Natural person in charge of selecting the communities of farmers to be financed, supporting these communities through the logistic and organizational services necessary to request a loan on the EthicHub platform, and representing the lenders in the signature of the collaborative loan with farmer communities. DAI or Multi-Collateral Dai (MCD): virtual currency used by the EthicHub Platform for loans. It is the advanced version of the DAI cryptocurrency, which offers a stable exchange rate as it is linked to the US dollar (USD).

  1. Scope

These Terms and Conditions (T&C) and any other terms published in the web of LENDINGDEV Ltd., https://ethichub.com, shall be applicable and binding on any person with the legal capacity to accept them who contracts the services of the EthicHub platform in its “beta” version for the contracting of collaborative loans.

  1. Restriction:

The services of the platform may not be contracted by citizens, residents and / or tax residents and persons located in Canada, China or the United States of America (USA), as well as in Puerto Rico and the Virgin Islands as well as any other USA possession or from any other jurisdiction where the contracting of services through virtual currencies is illegal. It is forbidden to contract services to representatives and natural persons acting on behalf of legal persons registered in the jurisdictions and territories indicated above or registered in any other jurisdiction from which the purchase of Tokens is prohibited.

  1. Risks

You recognize and accept that the contracting of the services of collaborative loans by way of the Blockchain technology introduced by the Ethereum platform used by EthicHub involves major financial, regulatory and reputational risks, including, but not limited to, those set out in the SINGLE ANNEX of these T&C.

By the contracting of the service included in the EthicHub Platform and accepting these Terms and Conditions, you expressly recognize, accept and assume these risks, as well as the terms of the loan.

  1. Object and acceptance of the general conditions.

The object of these Terms and Conditions is the contracting of a collaborative loan service via which users will be able to contribute resources, through virtual currencies to Farming Projects in unbanked areas by way of blockchain technology and by means of smart contracts included in the EthicHub platform.

Acquisition of the status of user or lender permits the use of the collaborative loan services, for which prior identification and contracting of the service by way of the EthicHub platform will be necessary.

The status of User may be acquired by persons of legal age with full capacity to enter into these Terms and Conditions of Use.

Acquisition of the status of User involves the reading and express unreserved acceptance both of the terms making up the present Terms and Conditions and of the Legal Notice and Privacy Policy of the EthicHub platform, which he states to have learnt prior to his acceptance, while the foregoing may be stored and reproduced by the latter. Registration as a User of the Website is an essential prerequisite for the contracting of the services of EthicHub platform.

The User may gain access to the Service via the EthicHub platform by using the username and password that will be generated during the registration process when he accepts the present Terms and Conditions of Use.

The username and password generated which will allow the User to be identified and to use the service are of a strictly personal and confidential nature. The User shall be responsible for maintaining the confidentiality of same. Accordingly, the User expressly accepts that EthicHub may presume that the uses of the service made by utilizing his identification codes are made by the registered user, unless he has given prior notice of their loss or theft, in which case he should proceed to change them immediately. The password may be changed at will by the User by way of the procedures that the EthicHub platform has laid down for this purpose. The password replaced will be cancelled as a means of identification at the same time as the new one is generated.

EthicHub may block access and use of the service when it so considers necessary for security reasons. The Service will be blocked automatically in the event of three errors taking place in the consignment of the User codes for access or use.

EthicHub will take the organizational and technical measures in its data processing equipment with a view to achieving proper use of the Service by the Users and prevent unauthorized accesses to its platform.

  1. Content of the Services

The services offered by the EthicHub platform consist of the creation of collaborative loans by way of smart contracts using the blockchain technology of the Ethereum platform. To this end, via its Local Nodes, EthicHub will select a Borrower who has a solvent farming project, capable of returning the loan contracted at the EthicHub platform, with payment of the interest stipulated.

The borrower will publish on the EthicHub Platform detailed information on the development of his project, the amount necessary for the development of the project, the interest rate offered, as well as the information indicated in section 8 of these terms and conditions.

When the project and the amount required for its development have been selected, it will be programmed and entered into the EthicHub platform so as to be passed on to persons interested or users of the Platform.

The lenders or those users interested in the project may contract the collaborative loan service by contributing to the selected smart contract the amount of resources in virtual currency DAI that they deem appropriate, without there being a greater limit for the contribution than the amount expressly established in the loan. Notwithstanding the foregoing, contributions made by credit or debit card do have a maximum limit of one thousand euros (€ 1,000).The operation of the platform is restricted to the use of Multi-Collateral DAI, so lenders must previously have DAI in their wallet or purse previously linked to the user account of the EthicHub platform, or use the available DAI buying and selling services from the EthicHub platform. Similarly, users who have ETHERS in their wallet or purse previously linked to the EthicHub Platform must exchange them for DAI in order to participate in new projects.

In order to facilitate the change to DAI, from the EthicHub platform you can make changes from ETHER to DAI for those users who wish. For this, an integration has been made with the exchange service offered by the Paraswap decentralized aggregator https://paraswap.io/, the relationship between the user and Paraswap being governed in this area by the terms and conditions of the latter.

The realization of transactions in the distributed network of Ethereum requires the payment of small amounts of Ethers (called “gas”) that allow to finance the operation of the blockchain. To facilitate user accessibility, EthicHub will be responsible for the cost of gas for transactions made with DAI from its own platform. To this end, a contract has been signed with the Gas Station Network, which allows EthicHub to maintain a balance from which to make such contributions safely. EthicHub only undertakes to defray the cost of the “gas” of the operations in cases where a reasonable use of the service is made.

The Lenders accept that their contribution of virtual currencies to any of the available projects implies the acceptance of the terms and conditions on which the same will be developed, as well as the terms and conditions of each loan.

When the smart contract has reached the total economic amount of virtual currencies needed for the development of the project, it will be closed automatically, which should be validated by the Local Node or Selector, and communicated to the lender by sending an email to the user's email address.

The Local Node or Selector, on behalf of all the lenders or users, will verify the terms and conditions in which the project and the collaborative loan will be developed, validating the period of time established, the amount of virtual currencies and their equivalent economic amount in both euros as in the currency of the country of origin of the project, and will release the economic resources to the Lender.

The Lender acknowledges that the acceptance of the contributions of the borrowers constitutes an obligation to pay them principal and interest under the terms and conditions published on the EthicHub Platform and in accordance with the information indicated in section 8, which will always be available to the Borrower.

At the end of the period laid down in the Farming Project, the Legal Representative or Borrower will proceed to repay the amount of the Collaborative Loan plus the interest, the outcome of which will be equal to the number of virtual currencies needed to reach the economic amount set in the local currency of the Farming Project.

  1. Requirements to obtain User status.

Users should have a device connected to the Internet connection with a Firefox or Chrome browser.

They should have an Electronic Purse or Wallet compatible with DAI associated with ETHICHUB Platform, which will be the virtual currency used to make loans to the Farming Project. If the user doesn’t have one, EthicHub makes it easy for you to generate a Wallet in your browser.

They should have the status of user of the EthicHub platform and have accepted the Privacy Policy and the present T&C.

They should have passed the Know Your Customer (“KYC”) and Formal Identification process in the sphere of Money Laundering. Otherwise, you can continue making contributions in DAI to projects within the platform and whenever it is in DAI, but you cannot withdraw the corresponding amounts. Nor can you make contributions via credit card.

  1. How to contribute virtual currencies to the Project

For the contracting of the service, it is necessary to hold User status, for which it will be necessary to have previously registered and identified by providing the requested data on the platform, a photograph of a valid identification document and a photograph of the user holding said document, as well as Have your own wallet created on ETHICHUB Platform.

The Project in which you will be able to make the contribution of the virtual currencies will have the following information included:

  1. Features of the Farming Project: location, kind of business and other details and characteristics of the Project or Projects that it comprises.

  2. Total economic amount expressed in euros and in local currency required by the Project.

  3. The due date of the loan.

  4. Expenses and interest that will be generated by the service.

  5. Validity conditions of the Project, when applicable.

  6. Deadline or time limit for obtaining the loan.

  7. The percentage expressed in the annual Interest corresponding to the contribution.

Once the Project has been selected, the system will generate a page that will recapitulate the terms of the operation: the features of the Project, the number of virtual currencies to be paid, the financing process, the scheduled date of repayment, the interest, the local hub sponsoring it, the data of the community to which it is addressed and the Ethereum address of the smart contract to which it refers.

There are two ways to contribute DAI to the Projects:

I. Contribution with own Wallet

The user must have previously contributed or charged to his account or wallet the sufficient balance that allows him to make the contribution. To do this, you must link an existing compatible Wallet (by entering the 12 seed words in the Import Wallet section) or use Metamask or, failing that, generate a wallet from the platform and upload or send DAI to the latter, using the services of sale of DAI that makes available to you EthicHub or any other service of sale of DAI performed by third parties.

If the user is satisfied, he will indicate the amount of virtual currency (DAI) to contribute and press the button enabled to start the operation.

Next, the User will be asked to validate the service by accepting, in this case, each and every one of the contracting conditions and to make the contribution to the public address of the smart contract that the platform shows him.

As soon as the User has definitively validated the contribution to be made to the project, a transfer will be generated that must be signed by the private key of the ERC20 portfolio of the user, producing the transfer of virtual currency transfer to the smart contract or Blockchain.

II. Contribution with Credit Card

Contributions may also be made via credit or debit card. Contributions made in this way are limited to a maximum amount of one thousand euros (€ 1000). In relation to this medium, it is recalled that EthicHub is not a service for the sale or exchange of virtual currencies. What allows this feature of the platform is to make a transfer to a checking account of which EthicHub is the owner; Once payment is received, it will acquire DAI in an amount equivalent to that transferred in fiat money at the price of the moment of receipt of this and will deposit them in the Smart Contract in the name and on behalf of the user using their own wallet. Therefore, EthicHub will act as a mere intermediary.

To recover the virtual currencies (both at the end of the Project and in case of cancellation), the User must also have, in this case, an own Wallet created on ETHICHUB Platform, since EthicHub needs its address to register it as a beneficiary in the Smart Contract. Recall, in this sense, that owning a wallet created on ETHICHUB Platform, is an indispensable condition for acquiring user status in any case.

Once the contribution has been made successfully in both cases, an email will be sent to the user confirming the expiration date. In it you will also find a link to the project page, which will contain all the relevant data of the same.

If the project fails to raise its goal in the established period, the user who has contributed will be notified that he can withdraw his contribution on the project page. The user must press the corresponding button, which will generate the transfer of withdrawal of the contribution that must be signed by the private key of the ERC20 wallet of the user, producing the transfer of virtual currency transfer to the User's Portfolio.

If the project receives sufficient contributions, the smart contract will deposit the virtual currencies in the borrower's electronic wallet, at which time a confirmation will be received by email.

  1. Repayment of the Loan

By way of the smart contract created for the Project or Loan contracted by the users, the Representative of the Farming Community or Borrower will repay the economic amount of the Collaborative Loan at the due date of the loan equivalent to the number of virtual currencies needed to reach the overall economic amount of the loan plus interest.

For projects in which Ethers would have participated (before the change to DAI on the EthicHub platform was carried out), the return will take place in this same currency, in the same way as those that have been made in Multi-Collateral DAI will be returned in DAI Multi-Collateral.

Finally, in order to withdraw the corresponding amounts as a result of the loans, you must have carried out the identification procedure for money laundering (KYC). If you are not identified, EthicHub cannot proceed to your return.

In order to withdraw funds from the Smart Contract, the user must access the corresponding project page, click on the withdrawal button, sign with his wallet and generate the transaction that orders the Smart Contract to withdraw funds to the user's wallet .

The user will receive an email with the receipt of the transaction generated, or a warning if there was any problem with it.

  1. Interest Generated

The collaborative loan service will generate interest on the virtual currencies provided by the users that will be returned by the Borrower to the Smart Contract in compliance with the conditions requested and registered in the smart contract.

  1. Obligations

The User is under the obligation to:

  1. Inform the EthicHub platform of all the data needed for access and use of the services requiring prior identification, which should be accurate, up to date, and conforming to reality.

  2. Take the security measures, both personal and material, necessary to maintain the confidentiality of his username and password, as well as notify EthicHub immediately of the loss, mislaying, theft, robbery of his username, or illegitimate access thereto, as well as of its becoming known by third parties.

  3. Make proper use of the Services included in the EthicHub platform, always in accordance with current legislation.

  4. Not to carry on any activity that will impair or interfere with the working of the Services included in the EthicHub platform.

  5. Review in detail all the information published on the EthicHub Platform on available collaborative loans.

  6. Provide the virtual currencies that you have decided to contribute to the collaborative loan through the EthicHub Platform.

  7. Comply with your tax obligations in your home country for the increases in equity generated by the loan.

  8. Comply with its obligations in the matter of Prevention of Money Laundering and, in particular, not to provide false information or little faithful to reality during the KYC process.

The User shall be liable for the damages that he may have caused to third parties through the data supplied, of an illustrative and non-restrictive nature, as a result of the following actions:

  1. Use of data not updated, false or not corresponding to reality.

  2. Use by third parties of the User’s personal codes.

  3. From the inclusion in the EthicHub platform of comments or contents that might be injurious, obscene, xenophobic, that represent an apology for violence, or which are an offence against morality, law and order, constitutional rights or prove contrary to current legislation.

EthicHub is under the obligation to:

  1. Supply the access codes to the service, as well as to assure its confidentiality and integrity.

  2. Attend with all due diligence to all the consultations that may be made by the User stemming from the utilisation of the services included in the EthicHub platform.

  3. Manage the data of your investors with absolute confidentiality, committing not to disclose the data of your investors or share them without your consent.

  1. Loan terms

By accepting these T&C, the lender and the borrower expressly accept and acknowledge the following:

i. That the contribution and acceptance (respectively) of virtual currencies through the EthicHub Platform, constitutes for both parties their voluntary acceptance of the terms and conditions on which the collaborative loan will be developed and that it is formalized through the offer and Acceptance and offer through the platform.

ii. The borrower agrees to give the use described in the project published on the EthicHub platform to the amount received in virtual currency, unconditionally refraining from allocating funds from it for any other purpose.

iii. The borrower undertakes to pay the capital and interest in accordance with the terms and conditions published on the EthicHub Platform derived from the loan agreements they subscribe, through the means provided in the Platform.

iv. Failure by the borrower will result in the lender to judicially or extrajudicially demand the payment of the obligation, without prejudice to the compensation for damages and credit that may proceed, responding to the borrower with all his present and future assets, except that said breach or delay originates due to fortuitous or force majeure.

v. Unless otherwise agreed, in case of default, the user will delegate his powers of action to the local node, who will be responsible for carrying out the necessary steps to achieve compliance with the obligations assumed by the borrower.

  1. Limitation of responsibility

EthicHub, our employees, directors, contractors, consultants, or consultants do not assume any responsibility, present or future, arising from the risks established in the SINGLE ANNEX and do not offer any guarantee with respect to this T&C. This limitation will not exclude liability for malicious or criminal behavior, in which case, the user may take appropriate legal action.

If you do not have the necessary knowledge for the use of Blockchain services and systems, being fully aware of the risks established in the SINGLE ANNEX, associated with the contracting of collaborative loan services and the use of Blockchain, it is recommended not Participate in the service contracting process.

If a provision of these T&C is found to be void, voidable, illegal, not invoked or unenforceable in whole or in part, the validity, legality or application of the other provisions of the terms will not be affected or altered in any way. The other provisions of the T&C remain in force and retain their full effect.

EthicHub is not responsible for tax charges that may arise from the use of the Services for any of the Users.

EthicHub is not responsible for any risks to which users who interact with Smart Contracts directly, from outside the Platform, are exposed; EthicHub has been designed to offer the highest possible security guarantees, but cannot respond for events occurring outside its Platform.

  1. Integration with PARASWAP

In order to facilitate the exchange of other tokens to DAI, from its EthicHub platform it makes available to users who wish it an integration with the exchange service offered by a third party, the external token exchange provider.

Paraswap https://paraswap.io/#/ is a decentralized aggregator (DEX) that publishes purchase and sale orders for private exchange purposes between token holders, the relationship between the user and Paraswap being governed by the terms themselves and conditions Paraswap. EthicHub will not be responsible for the risks or losses associated with the exchange of virtual currencies made through decentralized aggregators or by any other means outside its Platform, even when it has been referred to it from or on the page, since its use It is left to the user's entire choice, in any case. The user must know the terms and conditions of the exchange or aggregator he chooses, since they will be the ones that regulate his specific relationship with him and, specifically, the regime of responsibilities.

  1. PRIVACY POLICY

For further information on our data protection and privacy policy, consult our Privacy Policy.

  1. Applicable law and competent jurisdiction

These T&C and any relations stemming from them are governed by Spanish legislation.

The parties should attempt to settle any dispute or claim that may arise from or in relation to these T&C in good faith by means of negotiations between them, through an agreed alternative dispute settlement procedure or else, failing agreement, the dispute should be submitted solely to the jurisdiction of the courts and tribunals of Madrid (Spain).

SINGLE ANNEX

RISK FACTORS

THE MOST EVIDENT RISK FOR THE ETHICHUB COLLABORATIVE LOANS PLATFORM IS THE IMPAYMENT OF THEMSELVES, THEY CANNOT BE RESPONSIBLE FOR SUCH IMPAYMENT ETHICHUB OR ANYONE LINKED WITH ETHICHUB AS THE COST OF ASSUMING THIS INVOLVES THIS RISK. MEMBERS OF THE ETHICHUB TEAM HAVE EXPERIENCE IN THE GRANTING OF CREDITS OF SIMILAR CHARACTERISTICS, BUT IT IS NOT POSSIBLE TO COMPLETELY DELETE THE RISK OF PAYMENT THAT MAY HAVE ORIGIN IN MULTIPLE CAUSES THAT CONTINUOUSLY DISCLAIM WITH ANY FACTS OF ETHICHUB.