Terms of Use | GiveOnChain

1. Definitions

In these Terms, the following terms have the meanings set out below:

"Platform" or "GiveOnChain": the website, application and all online services provided under the "GiveOnChain" name, enabling the creation and management of crowdfunding campaigns in cryptocurrency, and providing access to the Web3 interface and related smart contracts.
"Publisher" / "Operator": the legal or natural person operating the GiveOnChain Platform, as identified in the Legal Notice / Imprint.
"User": any person who accesses the Platform, whether or not they have an Account.
"Account": the personal space created by a User on the Platform, enabling access to certain features (campaign creation, contributions, tracking, etc.).
"Project Owner" or "Creator": any User who creates and publishes a fundraising Campaign on the Platform.
"Contributor" or "Donor": any User who makes a Contribution in cryptocurrency to a Campaign via the Platform.
"Beneficiary": the individual or legal entity who, according to the Campaign description, is intended to benefit from the funds raised. The Beneficiary may or may not be the same as the Project Owner.
"Campaign" or "Project": a crowdfunding operation published on the Platform by a Project Owner, describing a purpose, needs, a target amount, an end date and, where applicable, non-financial rewards or perks.
"Contribution": a donation or participation in cryptocurrency made by a Contributor in favor of a Campaign, via the smart contracts associated with the Platform.
"Milestone": a predefined stage of a Campaign, to which a percentage of the total funds raised is allocated. Validation of a Milestone triggers the release of the corresponding portion of funds to the Project Owner / Beneficiary.
"Smart Contract": a computer program deployed on a public blockchain (for example Ethereum or similar networks) which automatically and transparently manages the reception, holding and release of Contributions.
"Tokens" or "Cryptocurrencies": digital assets supported by the Platform, including but not limited to ETH, USDC, USDT, or any other asset added or removed by the Operator.
"KYC" ("Know Your Customer"): identity verification procedures implemented by the Platform or its service providers, particularly for Project Owners and, where appropriate, certain Contributors.
"Wallet Screening": automated checks to verify whether a crypto wallet address is associated with high-risk activities (sanctions, fraud, hacks, etc.), based on third-party specialized services.

2. Purpose of the Terms

These Terms are intended to define:

the conditions of access to and use of the GiveOnChain Platform;
the respective roles and responsibilities of the Operator, Project Owners and Contributors;
the rules applicable to Campaigns, Contributions, Milestones and the refund mechanism;
the conditions under which certain Projects or activities are prohibited.

By using the Platform, the User acknowledges having read, understood and accepted these Terms without reservation.

3. Nature of the Service and Non-Banking Status

3.1. Intermediation platform

GiveOnChain is a technical intermediation platform and a provider of Web3 tools that enables:

the creation, presentation and promotion of crowdfunding Campaigns;
the collection of Contributions in cryptocurrency via smart contracts;
the management of a Milestone system and, where applicable, a refund mechanism.

GiveOnChain connects Project Owners and Contributors but is not a party to any contract or agreement between them relating to the execution of the Projects.

3.2. No investment advice

GiveOnChain:

does not provide any investment, financial, tax or legal advice;
does not recommend any specific Project or Contribution;
does not assess the suitability or appropriateness of any Project for any Contributor.

Any decision to contribute to a Campaign is made solely by the Contributor, under their own responsibility.

3.3. No status as bank, payment institution or VASP

Unless expressly stated otherwise in the Legal Notice or documentation of the Platform, GiveOnChain:

is not a bank;
is not a payment institution;
is not, at this stage, a registered or licensed Virtual Asset Service Provider (VASP) or equivalent regulated entity;

and does not engage in any activity of receiving funds from the public or operating bank accounts in fiat currency.

4. Acceptance of the Terms

Use of the Platform implies full and unconditional acceptance of these Terms.

If the User does not accept these Terms or any part of them, they must immediately stop using the Platform.
The Operator reserves the right to amend these Terms at any time.
In the event of material changes, the User will be informed by any appropriate means (notification on the site, email, etc.).
Continued use of the Platform after such notice constitutes acceptance of the updated Terms.

5. Access to the Platform and Account Creation

5.1. General access conditions

The Platform is accessible online, subject to:

an internet connection,
a compatible browser, and
for certain features, a compatible wallet or a supported Web3 / email-based login method.

5.2. Account creation

To create an Account, the User must:

provide accurate, complete and up-to-date information;
accept these Terms;
where applicable, complete any required KYC procedures.

5.3. Restricted countries / regions

The Operator reserves the right to restrict access to the Platform for certain persons or jurisdictions, including individuals or entities listed on international sanctions lists.

6. User Types and Roles

6.1. Project Owners

The Project Owner is fully responsible for:

the accuracy and completeness of the information provided;
the proper execution of the Project;
the use of the funds received.

6.2. Contributors

The Contributor understands and accepts that, unless otherwise expressly stated, their Contribution is a donation or contribution with no guaranteed financial return.

6.3. GiveOnChain – limited role

GiveOnChain does not guarantee:

the accuracy of information provided by Project Owners;
the successful completion or outcome of Projects;
the absence of fraud or mismanagement, despite reasonable controls implemented.

7. General Operation of Campaigns

7.1. Nature of Contributions

Unless expressly stated otherwise, Contributions made via GiveOnChain are donations or contributions without any guarantee of financial return and do not grant any ownership rights, dividend rights, voting rights or similar rights in the Project.

7.2. Creation and content of Campaigns

The Project Owner must describe the Project in an honest, clear and understandable manner, specifying the funding objective, Campaign duration, Milestones, and, where applicable, non-financial rewards.

8. Smart Contracts, Non-Custodial Model and Crypto Risks

8.1. Fund management via smart contracts

Contributions are received, held and managed via smart contracts deployed on public blockchains. Unless otherwise specified, GiveOnChain does not hold the private keys that control the funds in these smart contracts.

8.2. No fiduciary duty

Given the non-custodial design, GiveOnChain has no fiduciary duty towards Users and is not responsible for losses arising from poor management of the User's wallet or loss of private keys.

8.3. Risks associated with cryptocurrencies

Users acknowledge that:

cryptocurrencies are volatile assets and may lose some or all of their value;
blockchain transactions may be irreversible;
there are technical risks (bugs, vulnerabilities, network congestion, high gas fees, forks, etc.).

9. Milestone System and Fund Release

9.1. Definition of Milestones

Each Campaign may be structured into Milestones, defined by the Project Owner. Each Milestone represents a percentage of the total amount raised, and the sum of all Milestone percentages must equal 100%.

9.2. Milestone validation

Validation may require supporting evidence (reports, photos, videos, invoices, etc.) and be subject to review and approval by a GiveOnChain moderator or administrator.

9.3. Progressive fund release

When a Milestone is validated, the corresponding portion of the funds is made available to the Project Owner / Beneficiary. Once funds have been released, they are generally no longer refundable via GiveOnChain.

10. Refund Mechanism

10.1. Activation of refund mode

In certain situations (cancellation, manifest failure, proven fraud), GiveOnChain may activate a refund modefor a Campaign. Activation is at the discretion of GiveOnChain.

10.2. Scope of refunds

Refund mode generally allows Contributors to claim their share of the portion of funds that has not yet been released for unvalidated Milestones. Funds already released, network fees, and Platform fees are typically not refundable.

11. Prohibited Projects, Activities and Content

The User agrees not to use the Platform to finance, promote or participate in activities that:

are illegal under applicable law;
relate to terrorism, money laundering, fraud, drug or arms trafficking, human trafficking;
involve hate, violence or discrimination;
involve child pornography or sexual exploitation of minors.

GiveOnChain reserves the right to refuse, suspend or delete any Project or Account in case of breach.

12. KYC, Checks and Anti-Fraud Measures

12.1. KYC for Project Owners

GiveOnChain may require Project Owners to complete a KYC process. Refusal or provision of falsified documents may result in refusal or suspension of the Campaign.

12.2. Wallet screening

GiveOnChain may use wallet screening services to check whether addresses are associated with high-risk activities and may restrict or block certain addresses.

13. Fees and Financial Terms

13.1. Platform fees

GiveOnChain may charge Platform fees (for example a percentage such as 5%) on the amounts raised or released. Applicable fees are indicated on the Platform.

13.2. Network fees (gas)

Each on-chain transaction may require network fees (gas) which are independent of GiveOnChain and may fluctuate significantly. GiveOnChain does not refund network fees.

14. General User Obligations

Project Owners must provide truthful information and use funds in line with the Campaign's stated purpose. Contributors must only contribute funds they legally own and accept the risks associated with cryptocurrencies and Projects.

15. User-Generated Content

Users grant GiveOnChain a non-exclusive, worldwide, royalty-free license to reproduce, display, adapt and distribute content as needed for platform operation and promotion.

16. Personal Data

Use of the Platform involves the collection and processing of personal data. Details are set out in the Privacy Policy.

17. Suspension and Termination

GiveOnChain reserves the right to suspend or terminate any Account or Campaign in case of breach of these Terms, suspicion of fraud, or request from a competent authority.

18. Liability and Disclaimers

18.1. Project-related liability

GiveOnChain is not liable for the content of Campaigns, the execution or non-execution of Projects, or the use of funds by Project Owners.

18.2. Technical and blockchain risks

GiveOnChain shall not be liable for blockchain malfunctions, wallet security failures, or losses arising from cryptocurrency volatility.

18.3. Limitation of liability

To the fullest extent permitted by applicable law, GiveOnChain's total aggregate liability shall be strictly limited to the amount of Platform fees actually received in relation to the relevant Campaign.

19. Changes to the Platform

GiveOnChain reserves the right to modify platform features, add or remove supported Tokens (currently including ETH, USDC, USDT), and modify rules for future Campaigns.

20. Governing Law and Jurisdiction

Unless mandatory law provides otherwise, these Terms are governed by French law and any dispute shall be submitted to the courts having jurisdiction over the location of the Operator's registered office.

21. Contact

For any questions relating to these Terms or the use of the Platform:

Email: [email protected]

Terms of Use of the GiveOnChain Platform