Terms of Use | IMpakt28

Article 1 - Legal Information

1.1 Publisher

This website and associated platform (hereinafter "the Platform") are published by the IMpakt28 group (hereinafter "IM28"), a group of entities operating internationally:

IMpakt28 FZCO - IFZA, Dubai Silicon Oasis (UAE) - License No. 45569
TwOcto IO OÜ - Tallinn (Estonia) - Registry No. 16822218
TwOcto IO SAS - Paris (France) - SIREN 980167696
28Ten LLC - New Mexico (USA) - EIN 35-2895688
28Ten Pvt Ltd - Pondicherry (India) - Registration pending
Indian Carromss - Pondicherry (India) - GSTIN 34APEPD4765L1ZR

1.2 Legal Representatives

The IM28 group is represented by Mr. Prashan Siththivinayagam (French citizen) and Mr. Dinadayalan Parasuraman (Indian citizen).

1.3 Contact

Email: support@impakt28.vc
Ticket system: available on the Platform

1.4 Hosting

The Platform is hosted on secure servers with international redundancy. Detailed hosting information is available upon request at support@impakt28.vc.

Article 2 - Definitions

In these Terms & Conditions, the following terms shall have the meanings set forth below:

"Platform": the IMpakt28 website, its applications, and all associated digital services.
"User": any person accessing the Platform, whether registered or not.
"IMpakter" or "Client": any User who has acquired one or more Passes.
"Pass": financial and digital asset issued by IM28 in exchange for a financial contribution.
"Digital Registry": transparent tracking system for all Pass-related transactions.
"Secondary Market": exchange platform enabling the purchase and sale of Passes between IMpakters.
"Vesting": period during which the Pass is held before the reward is paid.

Article 3 - Purpose

These Terms of Use (hereinafter "TOU") define the terms and conditions for accessing and using the IMpakt28 Platform. Access to the Platform, browsing, and any use of the services imply full, complete, and unconditional acceptance of these TOU.

Article 4 - Description of Services

IMpakt28 is an international impact investment platform (venture play) that:

Develops innovative technology-based projects
Aims to solve structural problems aligned with the UN's 17 Sustainable Development Goals (access to finance, women empowerment, poverty alleviation, access to housing, education, healthcare, mobility...)
Issues Passes in exchange for IMpakter contributions
Provides a transparent Digital Registry for tracking all transactions
Offers a Secondary Market for Pass exchange
Offers packages including e-learning training (Earn28, AI28)

Article 5 - Platform Access

5.1 Eligibility Requirements

Access to the Platform and Pass acquisition are reserved for:

Natural persons of legal age (according to their country of residence) with full legal capacity
Legal entities duly incorporated and represented

The User warrants the accuracy, completeness, and currency of the information provided.

5.2 Geographic Restrictions

Important

In accordance with Regulation S (Reg S) of the U.S. Securities and Exchange Commission (SEC), codified at 17 CFR Part 230:

The Pass offering is made outside the United States to non-U.S. persons
U.S. citizens and residents (U.S. Persons) are not eligible
It is prohibited to resell a Pass to any U.S. citizen or resident for twelve (12) months after initial acquisition (Rule 144)

The User represents and warrants that they are not a U.S. citizen, U.S. permanent resident, or person subject to U.S. tax jurisdiction.

5.3 Reverse Solicitation

The offering is only available to persons who have initiated contact on their own initiative, without prior solicitation from IM28 (reverse solicitation). By creating an account or acquiring a Pass, the User confirms having initiated contact on their own initiative.

Article 6 - Account Creation and Management

6.1 Registration

To access the services, the User must create a personal account by providing the required information accurately and completely. An identity verification process (KYC - Know Your Customer) will be conducted in accordance with applicable anti-money laundering regulations.

6.2 Account Security

The User is responsible for:

The confidentiality of their login credentials
All activity occurring on their account
Immediate notification to IM28 of any unauthorized or suspected use

6.3 Information Updates

The User agrees to update their personal information in case of any change. IM28 may request supporting documents for any significant modification.

6.4 Account Suspension and Closure

IM28 reserves the right to suspend or close an account in case of:

Violation of these TOU or the TOS
Provision of false, incomplete, or misleading information
Suspected or proven fraudulent activity
Non-compliance with KYC/AML regulations
Extended inactivity (more than 24 months without login)
Request from competent authorities

In case of suspension or closure, rights related to held Passes remain in effect in accordance with the TOS.

Article 7 - User Obligations

The User agrees to:

Use the Platform in accordance with its intended purpose and these TOU
Provide accurate, complete, and up-to-date information
Not compromise the security, integrity, or proper functioning of the Platform
Not attempt unauthorized access to IM28's systems
Not collect, store, or exploit personal data of other Users
Respect the intellectual property rights of IM28 and third parties
Not use the Platform for unlawful purposes or purposes contrary to public policy
Comply with applicable laws and regulations in their country of residence

Article 8 - Intellectual Property

All elements comprising the Platform are the exclusive property of IM28 or its partners and are protected by international intellectual property laws:

Trademarks, logos, and trade names
Texts, graphics, images, videos, and multimedia content
Software, source codes, and algorithms
Databases and their structure
Design and architecture of the Platform

Any reproduction, representation, modification, adaptation, translation, or exploitation not expressly authorized is strictly prohibited and may be subject to legal action.

Article 9 - Hyperlinks

The Platform may contain links to third-party websites. IM28:

Exercises no control over the content of these sites
Disclaims any responsibility for their content, practices, or privacy policies
Encourages the User to review the terms and conditions of these sites

Article 10 - Limitation of Liability

IM28 endeavors to ensure the availability, quality, and accuracy of information published on the Platform. However, IM28 shall not be liable for:

Temporary service interruptions for maintenance, updates, or improvements
Technical malfunctions beyond its control
Damages resulting from the use or inability to use the Platform
Content of third-party sites accessible via hyperlinks
Financial losses related to investments made
Force majeure events as defined herein

Article 11 - Modifications to TOU

IM28 reserves the right to modify these TOU at any time. Modifications take effect upon publication on the Platform. The User is invited to regularly review the TOU. Continued use of the Platform after modification constitutes acceptance of the new terms. In case of substantial modification, registered Users will be notified by email.

General Provisions

Article 1 - Entire Agreement

These Terms & Conditions (TOU, TOS, Privacy Policy, Cookie Policy) constitute the entire agreement between the parties regarding their subject matter and supersede all prior agreements, communications, or proposals, whether written or oral.

Article 2 - Severability

If any provision of these Terms is held null, invalid, or unenforceable by a competent court, the remaining provisions shall continue in full force and effect. The null provision shall be replaced by a valid provision that most closely reflects the original intent of the parties.

Article 3 - No Waiver

The failure of either party to exercise any right or require performance of any obligation under these Terms shall not constitute a waiver of such right or obligation. No waiver shall be valid unless express and in writing.

Article 4 - Language

These Terms & Conditions are available in French and English. In case of discrepancy in interpretation, the English version shall prevail.

Article 5 - Confidentiality

Each party shall keep all non-public, proprietary, or sensitive information received from the other party strictly confidential and shall not disclose it to any third party except as required by law, regulation, or court order. Confidential information may be shared only with employees, advisors, or service providers who need it to perform their duties and who are bound by confidentiality obligations. This obligation survives termination of the contract.

Article 6 - Survival of Provisions

The provisions relating to confidentiality, data protection, limitation of liability, intellectual property, and dispute resolution shall survive the expiration or termination of these Terms & Conditions.

Article 7 - Assignment

The User may not assign or transfer their rights or obligations under these Terms without the prior written consent of IM28. IM28 may freely assign its rights and obligations to any group entity or successor.

Article 8 - Notices

Any notice under these Terms shall be validly given:

By email to the address provided during registration (for the User)
By email to support@impakt28.vc (for IM28)
By notification on the Platform

Article 9 - Updates to Terms

IM28 reserves the right to modify these Terms & Conditions at any time. The last update date is indicated at the end of the document. Modifications take effect upon publication. For substantial modifications, registered Users will be notified by email.