General Terms and Conditions for the Sale of AVT Tokens

The General Terms and Conditions (the "T&Cs" or "Terms") apply to the purchaser of the Apivibes AVT token (hereinafter referred to as "AVT Token") and future user of the platforms apivibes.io and apivibes.com, and constitute an agreement between Apivibes and the customer.

ARTICLE 1 – Issuer

Company name: APIVIBES.COM
SIREN: 934 5576 20
Headquarters: 1330, Av. Guilibert de la Lauzière – 13592 Aix-En-Provence
Email: contact@apivibes.io

ARTICLE 2 – Offer

Token name: AVT
Technical format: ERC-20 – Polygon blockchain
Unit value: €0.01
Launch date: 10/12/2024

Accepted settlement currencies: Euros (EUR)
Payment methods: Credit card; Bank transfer; Open Banking.

ARTICLE 3 – Nature of the AVT Token

The AVT token is an intangible asset (linked to a smart contract and distributed on the decentralized Polygon blockchain), representing, in digital form, one or more rights that can be issued, recorded, stored, or transferred using an electronic recording system that allows the identification, directly or indirectly, of the owner of said asset. This type of token is referred to as a "utility token."

ARTICLE 4 – Buyers

This offer is intended for individuals of legal age (over 18 years old) and legal entities whose country of tax residence is authorized (see Annex 1) and whose nationality is not excluded (see Annex 2). In particular, this offer is not intended for use by residents or citizens of the United States of America or "U.S. Persons," as defined by "Regulation S" of the U.S. Securities and Exchange Commission under the U.S. Securities Act of 1933. Each subscriber must ensure that they are authorized to subscribe to this product. By subscribing, the investor attests to being subject to no restrictions. They declare not to be a consumer within the meaning of European Directive 2011/83/EU of October 25, 2011, on consumer rights.

APIVIBES disclaims all liability and reminds subscribers that this operation should be conducted based on their financial situation, capacity to bear partial or total capital losses, risk appetite, knowledge, and experience in crypto-assets. The buyer is prohibited from pooling third-party purchases into their account and declares to be the sole beneficiary of the purchases made during this primary sale. All subscribers are subject to a "Know Your Customer" (KYC) process to meet European legal and regulatory obligations, including anti-money laundering and counter-terrorism financing regulations, and to validate their account on the Apivibes platform when purchasing utility tokens associated with an electronic wallet.

ARTICLE 5 – Legal Framework for the Sale of AVT by APIVIBES

The AVT token is subject to a definitive commercial transfer agreement between the issuer APIVIBES and the buyer. Following the purchase, the buyer is free to transfer their AVTs and associated rights. APIVIBES reserves the right to reimburse participants at any time in the event of non-use of AVTs on the apivibes.com platform. Reimbursement is contingent on the buyer not having transferred or used their tokens and that the AVTs are present in their wallet, with all KYC processes validated beforehand (to comply with anti-money laundering regulations).

ARTICLE 6 – Payment

Payments in legal tender are processed by Brainwavezzz LTD, an English-registered company with registration number 15030967 and headquarters at 124-128 City Road, London, England, EC1V 2NX.

If the buyer opts for payment in legal tender (EUR), they accept that BRAINWAVEZZZ LTD collaborates with regulated partners providing payment card systems (acquirers) to deliver this service.

ARTICLE 7 – Personal Data

Data collected during the KYC procedure is intended to confirm the purchase and comply with European legal and regulatory obligations, including anti-money laundering and counter-terrorism financing. Notwithstanding the transmission of such data to partners for these operations, APIVIBES commits to keeping subscriber data strictly confidential. Subscribers may request confirmation from APIVIBES of the existence of a contractual relationship with any identified service provider or subcontractor. In the event of accidental data loss or theft, APIVIBES will inform subscribers directly. Under the French Data Protection Act and the General Data Protection Regulation (GDPR), subscribers have the right to access, rectify, delete, and restrict the processing of their data. Subscribers also have a portability right, which they can exercise by emailing contact@apivibes.io. Additionally, they may lodge a complaint with the relevant supervisory authority, the Commission Nationale Informatique et Libertés (CNIL) in France.

ARTICLE 8 – Risks Associated with Purchasing AVT Tokens

1. Risk of Capital Loss

The success of the APIVIBES project depends on the company's business plan and services. APIVIBES was established in 2024, and its market has yet to be confirmed. A total loss of the buyer's invested capital is possible, and the buyer fully understands this risk when investing.

2. Risk of Losing Access to AVTs Due to Loss of Credentials

The buyer's AVTs may be associated with a platform account until they are distributed to the buyer. Accessing the platform account requires the credentials provided to the buyer. Loss of these credentials will result in the loss of the AVTs. Buyers are strongly advised to securely store their credentials in one or more geographically separated backup locations.

3. Risks Associated with the Polygon Protocol

The AVTs are based on the Polygon blockchain. Any malfunction, unforeseen feature, or unexpected behavior may cause the AVTs to malfunction or behave unpredictably.

4. Risks Related to Buyer Credentials

Any third party gaining access to the buyer's credentials or private keys may be able to access the buyer's AVTs. To minimize this risk, buyers must protect against unauthorized access to their electronic devices.

5. Legal Risks

The sale is organized under the applicable European laws at the time of the offer. The use of AVTs may be affected by restrictive laws, negative opinions, regulatory actions, or investigations, including but not limited to restrictions on the use or possession of digital tokens like AVTs. Given the lack of legal classification of crypto-assets in many countries, buyers are strongly encouraged to conduct legal and tax analyses related to acquiring and holding AVTs based on their nationality and residence.

6. Risk of Alternative, Unofficial IBXE Network

Alternative networks may emerge, utilizing AVTs on their services via the decentralized Polygon protocol. APIVIBES cannot restrict the use of AVTs on other websites and will not be held liable for how buyers use them. However, APIVIBES will only use AVTs on its platform.

ARTICLE 9 – Applicable Law

This contract is governed by French law. Any disputes may be submitted to the competent courts or relevant international arbitration bodies.

ANNEX 1 – LIST OF AUTHORIZED RESIDENCE COUNTRIES

• Germany
• Andorra
• Austria
• Belgium
• Bulgaria
• Cyprus
• Croatia
• Denmark
• Spain
• Estonia
• Finland
• France
• Gibraltar
• Greece
• Hungary
• Ireland
• Iceland
• Italy
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Norway
• Netherlands
• Poland
• Portugal
• Czech Republic
• Romania
• United Kingdom
• Saint Martin
• Slovakia
• Slovenia
• Sweden
• Switzerland
• Vatican

ANNEX 2 – LIST OF EXCLUDED NATIONALITIES

• Afghanistan
• Albania
• Bahamas
• Barbados
• Belarus
• Cambodia
• Canada
• North Korea
• Cuba
• United States
• Ethiopia
• Fiji
• Ghana
• Guyana
• Haiti
• Mauritius
• Cayman Islands
• U.S. Virgin Islands
• Iraq
• Iran
• Jamaica
• Jordan
• Laos
• Libya
• Mali
• Monaco
• Mongolia
• Nicaragua
• Oman
• Uganda
• Pakistan
• Palau
• Philippines
• Puerto Rico
• Russia