Welcome to the idOS Airdrop (the “Airdrop”) Terms and Conditions (“Terms”), organised by the idOS Association (“idOS”, “we”, or “us”). These Terms govern your participation in the Airdrop and, where applicable, your eligibility to receive IDOS Tokens (the “Tokens”) of potentially eligible participants, including holders of FCL tokens, as further described herein.
If you do not wish to participate in the Airdrop, you may opt out by contacting us at legal@idos.network prior to the distribution of the Tokens, including your EVM wallet address that is currently holding FCL tokens. By not exercising the opt-out option, you acknowledge and agree to be considered for inclusion in the Airdrop and accept these Terms in full.
By choosing to participate in the Airdrop you confirm that you have fully read, understood, and accepted these Terms. Please be aware that participating in airdrops carries significant risks, including the potential loss of all your digital assets. You must not rely on us when deciding whether to participate. Participation is entirely voluntary and undertaken at your own risk. It is solely your responsibility to make an informed decision regarding your involvement in the Airdrop and any receipt of Tokens. Before proceeding, you should independently seek any legal, tax, financial, or other professional advice.
Holding the FCL tokens and/or participating in the Airdrop does not guarantee that you will receive any Tokens and does not grant you any right, entitlement, or claim to receive Tokens. We reserve full discretion over whether the Airdrop proceeds, the applicable eligibility criteria, the amount of Tokens (if any) to be distributed, and the timeline. We may modify, suspend, or cancel the Airdrop at any time without prior notice.
These Terms do not govern the use of the Tokens in the ecosystem. Any potential future use of Tokens in connection with the ecosystem may be governed by other applicable documents, terms, and conditions.
In its sole discretion, idOS will evaluate your eligibility for participation in the Airdrop based on your holdings of FCL tokens as of the snapshot date, as determined solely by idOS in its absolute discretion. Any transfer, sale, assignment, or other disposition of FCL tokens or any associated rights occurring after the snapshot date, or undertaken in anticipation of, or in connection with, the Airdrop, is strictly prohibited and will be disregarded for the purposes of Airdrop eligibility. Furthermore, you agree not to engage in any speculative trading, including but not limited to, short selling, hedging, or derivative transactions, involving FCL tokens, Tokens, or any rights (if any) you might have associated with the Airdrop. Such activities are considered a breach of these Terms and may result in disqualification from the Airdrop, forfeiture of any allocated Tokens (if any), and potential legal action. idOS reserves the right to monitor transactions and take appropriate measures to enforce this clause, including the denial of Token distribution.
The Airdrop is not available to residents, citizens, or those located in any jurisdiction the laws of which prohibit, restrict, curtail, hinder, impair, conflict, or otherwise adversely affect the allocation of the Tokens, or where participation in the Airdrop would be unlawful or require registration, including but not limited to the United States of America, United Kingdom and any other restricted territories. The Airdrop and these Terms shall only be accessed by those located in a jurisdiction where such access is not against the applicable laws. All those accessing these Terms do so on their own initiative and on an unsolicited basis. The Airdrop is also not available to you if you, or any of your subsidiaries, any of your directors or officers or any of your employees, agents or any other person acting on your behalf or any of its subsidiaries is an individual or entity that is, or is owned or controlled by an individual or entity that: (i) is listed as designated individuals or entities under the European Union Consolidated List of Sanctions; (ii) is currently the subject of any sanction administered by the United States Office of Foreign Assets Control of the United States Department of the Treasury ("OFAC") or any other United States government authority, is not designated as a "Specially Designated National" or "Blocked Person" by OFAC or subject to any similar sanctions or measures imposed or administered by the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom or similar sanctions administered or imposed by any other country; (iii) Is listed on any sanctions list maintained by the Swiss State Secretariat for Economic Affairs (SECO), including but not limited to sanctions adopted under the Federal Act on the Implementation of International Sanctions (Embargo Act), or is subject to asset freezes or other restrictive measures imposed by the Swiss Federal Council (collectively, the "Sanctions"); (iv) is located, organised, or resident in a country or territory that is the subject of such Sanctions; (v) or has engaged in and is not now engaged in any dealings or transactions with any government, person, entity, or project targeted by, or located in any country or territory, that is or was the subject of any Sanctions; (vi) is a senior political figure, or any Immediate family or close associate of a senior political figure. We reserve the right to verify your eligibility and to disqualify anyone at our sole discretion.
Nothing in this document, the Airdrop, or any related communications constitutes a prospectus, investment advice, or an offer or solicitation to buy or sell any securities, tokens, or other financial instruments in any jurisdiction. Participation in the Airdrop does not create any fiduciary, advisory, or agency relationship between you and idOS. idOS does not provide investment, financial, legal, tax, or any other advice, and any conclusions drawn from statements in this document or related communications or otherwise made by idOS shall not be deemed to constitute advice in any jurisdiction.
You are solely responsible for evaluating and understanding the risks associated with the Airdrop and any Tokens you may receive, and you assume all risks related to any Tokens you may receive under the Airdrop. For example, there is a risk that idOS is unable to successfully deploy the idOS ecosystem and create the Tokens. There is a risk that in some jurisdictions the Tokens may be considered illegal or regulated by special legislation, or that in the future the Tokens may be considered illegal or subject to the regulation of special legislation. idOS does not guarantee that the Tokens are legal in all jurisdictions. New restrictions on the use or ownership of digital tokens, such as the Tokens, which may impede or restrict the existence, acceptability, or value of such tokens, may become applicable in the future. You are solely responsible for determining and complying with any tax obligations or legal requirements arising from your participation in the Airdrop, holding, receiving, or transferring any Tokens.
There is a risk that any smart contract used for the allocation of the Tokens contains security gaps, errors, or dysfunctionalities that may adversely affect the allocation and use of the Tokens. You are solely responsible for the secure storage and administration of the private keys of the wallet in which the Tokens are held. Loss of the private keys can lead to irretrievable loss of the Tokens. The Tokens will be based on a certain protocol. Thus, a malfunction, unintended function, or unforeseen operation of such protocol may cause the Tokens to become defective or function unexpectedly or unintentionally. Hackers or other groups or organizations may attempt to interfere with the your wallets, the idOS ecosystem or the Tokens in variety of ways, including but not limited to denial of service attacks, sybil attacks, spoofing, smurfing, malicious attacks or consensus-based attacks, which may result, among other things, in Tokens being stolen or inaccessible without change of recovery. Blockchains are exposed to mining attacks, which may put the smart contract at risk. There is a risk that the Tokens may unintentionally contain flaws or bugs in their source code that affect the use of Tokens or cause the loss of a Token.
You are hereby explicitly informed about the early state of development of the idOS ecosystem and of the risks and uncertainties entailed in the allocation of the Tokens. In particular, idOS makes no representations or warranties regarding the Airdrop, any value, utility, or legality of any Tokens distributed through the Airdrop. You shall be aware that there is the risk of project failure at any stage of development of the idOS ecosystem and the creation of the Tokens, and of risk factors that may have significant adverse effects on the deployment of the idOS ecosystem and the creation of the Tokens.
The idOS ecosystem has not been fully developed, and the Tokens have not yet been created. There is a risk that the development of the idOS ecosystem and/or the creation of the Tokens may fail or be significantly hampered at any stage. The Tokens may be released under a vesting schedule as communicated by idOS now or later in time, at its sole and absolute discretion. Any description of the Tokens or the idOS ecosystem, for example, in a whitepaper, is not binding and may be adapted at idOS’s sole discretion. idOS will not necessarily maintain the idOS ecosystem, and idOS will not be responsible or liable for the idOS ecosystem or any third-party uses of the idOS ecosystem. The Tokens may be initially created under any technical standard on any protocol. idOS reserves the right to migrate the Tokens to any other protocol and to generate replacement Tokens on the new protocol in the future, or not to issue the Tokens at all, should idOS determine, in idOS’s sole discretion, that doing so is necessary or useful to the operation of the idOS ecosystem.
You acknowledge that the allocation of the Tokens is also subject to the successful deployment of the idOS ecosystem and creation of the Tokens. In case the idOS ecosystem is not successfully deployed and, hence, the Tokens cannot be allocated, you are not entitled to any replacement or compensation.
Blockchain technology, cryptographic tokens like the Tokens, represent a novel and largely untested technology. In addition to the risks already mentioned, your participation in the Airdrop and any receipt, claim, holding, or use of the Tokens may expose you to further risks, including ones we cannot reasonably foresee. These risks may arise in unexpected ways or as combinations of the risks described in these Terms. You acknowledge and accept that such unforeseen risks may result in adverse consequences, including the complete loss of Tokens or their functionality, resulting, among other things, in the loss of your digital assets.
You shall comply with all applicable laws regarding the allocation or transfer of the Tokens. You shall not violate any applicable laws of your jurisdiction or the laws of any proposed transferee’s jurisdiction in connection with any offer, sale, pledge, or transfer of the Tokens. You have satisfied and are in full observance of the laws of your jurisdiction in connection with the allocation and use of the Tokens. You conferred with your legal and tax advisors to understand any and all eligibility requirements and transfer limitations of the Tokens under applicable laws. You bear the costs and expenses of complying with any laws applicable to it or its actions.
The Tokens do not constitute securities of any form, units in a business trust, units in a collective investment scheme, or any other form of investment in any jurisdiction, or e-money. The Tokens do not represent a debt or equity interest in idOS, and an allocation of Tokens is not akin to making an investment in or with idOS. You understand and agree that your participation is not subject to any form of interests or guarantee any form of returns or (full or partial) redemption. You acknowledge and agree that holding the FCL token does give you a right or claim to receive the Tokens. In addition, you understand and agree that Tokens have no physical underlying and that no digital representation will be allocated to you. You acknowledge and agree that the Tokens do not represent or constitute any ownership right or stake, debt instrument, share, or security or equivalent right in or relating to idOS, the idOS ecosystem, the idOS Association, and/or any software or intellectual property rights thereto. The Airdrop is provided solely for the purpose of your participation in the idOS ecosystem and supporting the development, testing, deployment, and operation of the idOS ecosystem, and your participation is not for any other purposes, including, but not limited to, any investment, speculative, or financial purpose.
You acknowledge and agree that your participation in the Airdrop and any receipt or use of Tokens is at your sole risk. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the Airdrop, the Tokens, the Airdrop webpage, or any part of the idOS ecosystem. All aspects of the Airdrop and Tokens are provided to you on an “as is”, “as available”, “under development”, and “with all faults” basis, without any guarantees as to their performance, availability, reliability, or fitness for any particular purpose. To the fullest extent permitted by applicable law, we expressly disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free use, and those arising from course of dealing or trade usage. You understand and accept that the Tokens and the underlying technology are experimental, and that we provide no assurance of their functionality, stability, or future value. To the fullest extent permitted by law, idOS and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your participation in the Airdrop or the allocation or use of any Tokens.
If you have any doubts regarding the above, you must not participate in the Airdrop. Please contact us at legal@idos.network if you require any further information.
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, including any potential right to receive Tokens as described in these Terms, in whole or in part, without the prior written consent of idOS. Any attempted assignment or transfer in violation of this provision shall be null and void. idOS may assign or transfer these Terms, in whole or in part, to any third party without your prior consent.
These Terms and all claims relating to or arising out of these Terms, or the breach thereof, whether in contract, tort, or otherwise, shall be governed by Swiss Law, excluding Swiss choice-of-law principles. Any dispute, controversy or claim arising out of or in connection with these Terms or the breach, termination, existence, legal competence or invalidity thereof shall be exclusively settled by the courts of Zug, Switzerland.