Risk Statement

NOTICE

THIS DOCUMENT IS IMPORTANT. IF YOU ARE IN ANY DOUBT ABOUT THE CONTENTS OF THIS DOCUMENT YOU SHOULD CONSULT WITH YOUR ACCOUNTANT, LEGAL ADVISER OR OTHER INDEPENDENT PROFESSIONAL ADVISER.

THIS DOCUMENT IS NOT A PUBLIC OFFER FOR INVESTMENT. IT IS DIRECTED ONLY TO KNOWLEDGEABLE INVESTORS WITHIN THE ETHEREUM NETWORK. THE TRADING OF CRYPTOCURRENCIES HAS POTENTIAL REWARDS, AND IT ALSO HAS POTENTIAL RISKS INVOLVED. TRADING MAY NOT BE SUITABLE FOR ALL PEOPLE. ANYONE WISHING TO INVEST SHOULD SEEK THEIR OWN INDEPENDENT FINANCIAL OR PROFESSIONAL ADVICE.

USER WARRANTIES

You warrant that you undertake to ensure to the best of your knowledge and belief and after due diligence; that no money laundering or other unlawful act is committed in connection with the using of https://www.gemera.io and, further, that no proceeds of any money laundering activities are used to invest in the token distribution’s period published on https://www.gemera.io.You further ensure that you are and shall always be compliant with all applicable anti-money laundering regulations at all times. In addition, you warrant that you will not, in connection with using https://www.gemera.io, transfer anything of value, directly or indirectly, to any government official, employee of a government-controlled company, political party, or other private (non-government) persons or entities working on behalf of any government in order to obtain any improper benefit or advantage. You further warrant that no money paid to you as compensation or otherwise has been or will be used to pay any bribe or kickback in violation of all applicable laws.

TECHNOLOGY

You have enough knowledge and experience in financial matters, as well as in blockchain technology and crypto token transactions. You acknowledge, understand and assume the following risks related with the acquisition of Gemeras, as well as all the other risks not included herein:

  1. Gemeras are supported by Ethereum blockchain, and use a standard ERC 20 smart contract. User must be aware of the functioning of this technology and the associated risks.

  2. Because Gemeras are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on Gemeras. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to Gemeras, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.

  3. As with other decentralized cryptographic tokens based on the Ethereum protocol, Gemeras are susceptible to attacks by miners in the course of validating Gemeras transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to Gemeras, including, but not limited to, accurate execution and recording of transactions involving Gemeras.

  4. Hacking attack. Hacking or any other malicious activities may affect Gemera distribution or may cause the loss of User’s Gemeras. In such event, Gemeras may not be recovered. Company shall not be liable in any case for any losses caused by an attack. Company would however do its best effort to find a possible solution. Hackers may attempt to interfere with Gemeras in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the project is based on open-source software, there is a risk that a third party may intentionally or unintentionally introduce weaknesses into the core infrastructure of the project, which could negatively affect the project and Gemeras.

  5. Market associated risks. Company will not facilitate any secondary trading or external valuation of Gemeras. This could therefore create illiquidity risk with respect to Gemeras User holds. Even if secondary trading of Gemeras is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to market-related risks. Furthermore, to the extent that third-parties do ascribe an external exchange value to Gemeras (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and diminish to zero.

  6. Private Keys. Gemeras will be allocated in the user’s compatible digital wallet, for which a private key is required. The protection of the private key is sole responsibility of the User; the loss of the private key will cause the User not to be capable of having access to the Gemeras or make any transactions with them. Company does not have the capacity to recover the private keys, as so it does not have access to them.

  7. Loss of private keys. In case the User loses the private keys to access the digital wallet, Company will not have the capacity to recover them; therefore it will not be possible for User to use the Gemeras in any case, including transaction or redemption.

  8. Wallet compatibility. There are many incompatible wallets for the acquisition of Gemeras. User is aware of the compatible and incompatible wallets. Whether user uses incompatible wallets, the Gemeras obtained may disappear (for more information about wallet compatibility, please read the Company’s FAQs).

  9. Compatible wallets. Company is not responsible whether the compatible wallets for the acquisition of Gemeras suffer any vulnerability.

  10. In the Ethereum Main Network there may be ERC20 tokens or others with the same symbol as Gemera (GEMA), but do not represent the Company neither its tokens. The official Gemera token address is 0xe9a2090557e9666676168cde58c8e18c5a03b2b7 and the Gemera smart contract address for distribution is 0x3159d7777a38d092b1cb1ef74cce63fd0dd67b97 User secures that the Gemeras acquired are linked to these contracts.

  11. The Ethers (ETH) to acquire Gemeras cannot be sent through exchanges or multisignature wallets.

  12. To acquire Gemeras, User cannot send any crypto-token different from Ether (ETH) to the token distribution ETH address specified in www.gemera.io. This will cause the loss of those crypto tokens.

  13. Risks Associated with Uncertain Regulations and Enforcement Actions. The regulatory status of Gemeras and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including Gemeras. Regulatory actions could negatively impact Gemeras in various ways, including, for purposes of illustration only, through a determination that Gemeras are a regulated financial instrument that require registration or licensing. Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval (s) to operate in such jurisdiction.

  14. Risks Associated with the Development and Maintenance. The project is still under development and may undergo significant changes over time. Although Company will take commercially reasonable steps toward those ends, Company may have to make changes to the specifications of Gemeras for any number of legitimate reasons. This could create the risk that Gemeras, as further developed and maintained, may not meet User`s expectations at the time of purchasing Gemeras. Furthermore, despite Company`s good faith efforts to develop and maintain the project, it is still possible that the project will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the potential utility of Gemeras.

  15. Risk of an Unfavorable Fluctuation of Ether. Company intends to use the proceeds from selling Gemeras to fund the maintenance and development of the project. The proceeds of the distribution of Gemeras will be denominated in Ether, and may, at Company’s discretion, be converted into other cryptographic and fiat currencies. If the value of Ether or other currencies fluctuates unfavorably during or after the token distribution, Company may not be able to fund development, or may not be able to develop or maintain the project in the manner that it intended.

  16. Unanticipated Risks. Cryptographic tokens such as Gemeras are a new and untested technology. In addition to the risks above, there are other risks associated with the acquisition, holding, and use of Gemeras, including those that Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks mentioned above.

RISK OF DIFFERENT JURISDICTIONS

Different countries set their own rules for this kind of activity. You must understand that such provisions may affect the activities of our service in the various States.

RISK OF INSUFFICIENT ACTIVITIES

You must understand that there is a possibility of insignificant using of our service, or a period of time when www.gemera.io is being used or can be insignificantly used, what may affect the development and evolution of www.gemera.io

SOLE RISK

Use of the website and the content available on the website is at your sole risk. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses. The website, its content and any services or items obtained through the website are provided on «AS IS» and «AS AVAILABLE» basis.

FORCE MAJEURE

GEMERA shall not be liable for any failure of or delay in the performance for the period that such failure or delay is

  1. beyond the reasonable control of Gemera Project (embargoes, government and military acts, lack of energy),

  2. materially affects the performance of any of its obligations under this agreement, and

  3. could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.lk

EMERALDS CONTINGENCIES

Although the physical emeralds are stored in a security vault of a safe deposit box company in Hong Kong and are insured, GEMERA Project is not responsible of any extraordinary event that might cause loss, damage or destruction of the emeralds. However, Gemera Project has a special fund to cover certain contingencies.

FORWARD LOOKING STATEMENTS

This document or Terms and Conditions may include forward-looking statements. Often, but not always, forward-looking statements can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,”, “eta”, “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved.

Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of GEMERA Project to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements.

Although GEMERA Project believes it has a reasonable basis for making these forward-looking statements, readers are cautioned not to place undue reliance on such forward-looking information. By its nature, forward-looking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, which contribute to the possibility that the predictions, forecasts and other forward-looking statements will not occur.

FINAL RISK DISCLAIMER

Use of Gemeras and acquiring Gemeras may carry financial risk, and is to be used as an experimental software only. You acknowledge that purchasing Gemeras (or any other digital tokens offered by the Company) involves risk and in no event shall the Company, the legally incorporated entity in BVI, be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, loss of cryptocurrency or digital assets, work stoppage, data loss, computer failure or malfunction, or any other commercial or other losses directly or indirectly arising out of or related to: this Warning, our Terms and Conditions; any service of the Company; the use of Gemeras; any use of your digital assets or cryptocurrency by any other party not authorized by you (collectively, all of the foregoing items shall be referred to herein as “Losses”).

WE ARE HEREBY RELEASED BY YOU FROM LIABILITY FOR ANY AND ALL LOSSES. WE DISCLAIM ANY AND ALL WARRANTIES OR GUARANTEES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY OR LOSSES ARE BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

The tax characterization of Gemeras is uncertain. You must seek your own tax advice in connection with purchasing Gemeras, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.

Because Gemeras confer no governance rights of any kind with respect to the Project or Company, all decisions involving the Project or Company will be made by Company at its sole discretion, including, but not limited to, decisions to discontinue the Project, to sell more Gemeras for use in the Project, or to sell or even liquidate the Company. These decisions could adversely affect the Project and the utility of Gemeras that you hold.