General Terms and Conditions Jobchain GmbH

1. General Provisions

1.1. The general terms and conditions herein ("GTC") exclusively apply to any and all transactions, contracts and business relationships with Jobchain GmbH, with its corporate seat in A-1220 DC Tower, Donau-City-Strasse 7, Vienna ("Jobchain"), in particular transactions and business relationships with/on any online or electronic platforms, e.g. https://www.Jobchain.com/, https://exchange.Jobchain.com, mobile applications of Jobchain and associated APIs of such platform or applications (“Jobchain Systems”). Jobchain also offers services in cooperation with third parties, therefore, for services of such third-party providers, their terms and conditions may apply in addition to general terms and conditions of Jobchain GmbH. 

1.2. Jobchain offers services and enters into contractual relationships only with persons of legal age. 

1.3. For an overview of the definitions used in these GTC please refer to Annex I. 

2. Becoming a Jobchain Client

2.1. Persons interested in using Jobchain services have to register themselves on a relevant Jobchain System by providing valid and up-to-date information as requested during the registration process. A person who successfully completes the registration process (which is confirmed by Jobchain) becomes a "Jobchain Client" (also referred to as “Client”.  

2.2. In order to use the trading options of Jobchain System a Jobchain Client must go through account verification. Client’s trading limits depend on verification level. The verification processes and requirements depend mainly on security requirements, in particular AML5 considerations, and may change depending on legal requirements or Jobchain’s internal policy. 

2.3. Client must ensure safety and confidentiality of Client’s details, such as log in information and passwords. Client must only act on his/her behalf and create account only on Client’s name. It is forbidden to act as an intermediary, broker, trustee of any kind for third party or to allow access of any kind to Client’s account to any person or party other than Client him/herself. Jobchain recommends that each Jobchain Client uses the two factor authentication identification components ("2FA") to improve account security. 

2.4. Citizens of countries where there are regulatory restrictions or bans for use of services similar to Jobchain Systems may not become Jobchain Clients. Depending on changes in the respective local legislation, Jobchain may exclude affected jurisdictions from Jobchain's services.  

2.5. When a password is reset, Jobchain pauses any payment to and/or transfer of Tokens (as defined in item 3.1) to you or out of Jobchain Systems for security reasons for a maximum period of 48 hours. You confirm that you are aware of this security measure and accept it. 

2.6. A Jobchain Client: 

2.6.1. ensures prompt execution of any contracts and shall refrain from activities which would thwart or endanger such execution.  

2.6.2. immediately reports any flaws or issues which were caused by the Client or Client is aware of and shall help Jobchain in resolving them. 

2.6.3. immediately updates, via Jobchain System or per mail, any changes of personal data (name, mailing/postal address and email address) . Jobchain will always use the latest contact information provided by the Client either via e-mail to Jobchain or directly using the Jobchain System. All the communication by Jobchain to the available contact information of the Client shall be considered as legally delivered.

2.6.4. ensures that all necessary security measures, such as 2FA, are up-to-date and are available in usable condition. In case of loss of the 2FA, or other security feature, Client must immediately inform Jobchain and follow Jobchain support team members’ instructions to help with recovery of safe access to the account and funds. Client acknowledges and accepts the fact that in case of security breach Jobchain GmbH is not liable for any claims related to blocking of the account, loss or blocking of funds as a result of such a breach. In case when the access to Client’s account due to reasons beyond the Jobchain’s control, the Jobchain is not liable for Client's Account including any Token holdings.

2.7. Jobchain may at any time request proof, i.e. documents as evidence in order for a person or entity to become a Jobchain Client. The Client is aware and accepts herewith that Jobchain may require additional information about a Client, request documents to be notarized and apostilled, request any other documents required by law and/or as defined in General Data Protection Regulation.  

3. Jobchain Exchange

3.1. Jobchain Systems provide services for the exchange of (i) cryptographic blockchain-based digital information units, such as, but not limited to, Bitcoin, Ethereum, Ripple, Jobchain ("E-Token"), (ii) fiat token ("F-Token” together with E-Token referred to as "Token”), (iii) the sell and purchase of Token with a currency that is legal tender (gesetzlich anerkanntes Zahlungsmittel). The E-Token traded on Jobchain Systems can be changed, amended or modified at any time and at the sole discretion of Jobchain.

3.1.1. An exchange and sale/purchase with Jobchain is done by Client bindingly offering to exchange, sell or buy (part of) Token(s) to Jobchain. To make such a binding offer, Client has to (i) correctly fill in all necessary, valid and correct data on Jobchain's respective trading screen and (ii) click/confirm either the "Buy now" or "Sell now" button (item (ii) referred to as the "Final Offer Click"). The conditions offered by Jobchain for Client’s order are valid for one minute ("Price Guarantee") which is the maximum time to validate and confirm the conditions by the Final Offer Click. Client acknowledges and agrees that Jobchain may at any time and at its sole discretion change the duration of the Price Guarantee and/or may vary the Price Guarantee for certain Token. The word "buy" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of Token in exchange for the specified amount in a currency which is legal tender or another Token" and the word "sell" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of one Token in exchange for another Token or currency which is legal tender. 

3.1.2. “Jobchain Savings” with Jobchain is exclusively done in the following way: You offer bindingly to purchase (part of) E-Token on a regular and recurring basis from Jobchain (“Multiple Debit Order”). To make such binding offer you have to (i) correctly fill in all necessary, valid and correct data on Jobchain's respective trading screen and (ii) click/confirm "Confirm now" button (item (ii) referred to as the "Final Offer Click Savings" together with the Final Offer Click the “Final Offer Clicks”). For the avoidance of doubt in this context "Confirm now" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of E-Token on a regular and recurring basis in exchange for the specified amount in a currency which is legal tender”.  

3.1.3. A “Jobchain Swap” with Jobchain is exclusively done in the following way: Client bindingly offers to exchange a fixed amount of one Token into a fixed amount of another type of Token. To make such binding offer, a Client has to (i) correctly fill in all necessary, valid and correct data on Jobchain's respective trading screen and (ii) click/confirm "Swap now" button (item (ii) referred to as the "Final Offer Click Swap" together with the Final Offer Click. the “Final Offer Click”). "swap now" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of an amount of one token in exchange for the specified amount of another type of token or legal tender". 

3.1.4. The offers mentioned in item 3.1.1., 3.1.2. and 3.1.3. are herein referred together as "Jobchain Client Offer". Client is bound by a Jobchain Client Offer for a period of one week after the respective Final Offer Click ("Offer Period"). Jobchain sends a confirmation upon receipt of a Jobchain Client Offer. 

3.1.5. After having received a Jobchain Client Offer Jobchain may or may not accept such offer by factual fulfilling of the offer at Jobchain's sole discretion within the Offer Period (the "Contract Conclusion and Order Fulfillment Action" or "CCOFA"). For any payments in currency that is legal tender from and to Client, Jobchain shall use a payment service provider. In case Jobchain fulfilled the Jobchain Client Offer without full receipt of the payment as agreed in the Jobchain Client Offer, Client is obliged to pay any outstanding amount ("Default in Payment"). In case of a Default in Payment the consequences as outlined in item 4.2. and 8.8. apply.  

3.2. Any figures, numbers, exchange rate reference prices or other relevant publications on Jobchain websites, mobile applications or in another way, are in no case offers, nor binding offers, nor guarantees for an exchange but to be seen as invitations to Client to provide offers for exchange to Jobchain (invitation ad offerendum). 

3.3. Jobchain Clients are allowed to make exchange offers based on positive balances on the respective Jobchain Client Account. Short selling of Tokens which are not registered and not available with a positive balance on the respective Jobchain Client Account, is forbidden and blocked by the system. A Jobchain Client Offer is technically limited with Client’s positive balance to cover such offer and the limits pursuant to Client’s verification level. Jobchain reserves the right to further limit the range of a Jobchain Client Offer at Jobchain's sole discretion to certain specified limits per Jobchain Client.  

3.4. Delays in the processing of the Jobchain Client Offers can occur due to technical reasons. Therefore, Jobchain can not offer any guarantee of immediate offer processing nor assume any liability related thereto, in particular not with respect to any changes of prices, valuations or other conditions with respect to any offered Token or services, except the Price Guarantee as outlined in item 3.1.1. of these GTC.  

3.5. You are aware that there might be significant delays when shipping Token to your Jobchain Account Wallet, since most Token are stored "cold", which means offline. Respectively additional non-automated handling might be necessary triggering such delays.  

4. Jobchain Client Account

4.1. Jobchain Systems allow only one account per Jobchain Client ("Jobchain Client Account"). Double-accounts are strictly forbidden. Should another account (the "double-account") be created in addition to Client’s first account (the "original-account"), the following applies: Jobchain has the right to block and keep the double-account locked. Tokens which are stored on the double-account will be transferred by Jobchain to the Jobchain Client's original-account provided that the Jobchain Client can prove by providing the sufficient evidence (via the identification service used by Jobchain) that they are the same person. In such cases, Jobchain is authorised to charge an administrative fee of EUR 5.00 and if necessary, deduct the fee from the transferred Token(s). 

4.2. Jobchain reserves the right to lock/freeze or close a Jobchain Client Account (including the blocking, suspending or reversing of a transaction immediately and without further notice to the Jobchain Client, if:

4.2.1. Jobchain Client has been accused of (including media reports): fraud, terrorist financing, money laundering, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, being part of a Ponzi scheme of any kind, using matrix programs/pyramid schemes/multi-level marketing or other high-risk business detrimental to customers of any kind; any unlawful activity in any country of the world; forbidden gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorized goods; using/distributing illegal drugs or substances designed to mimic illegal drugs; producing/distributing adult content and services; using discriminating, predatory or deceptive practices, etc. 

4.2.2. Jobchain has been informed of official investigations (by any competent public authority, in particular but not limited to any public prosecutors in the field of criminal law or tax agents) against the Client with respect to fraud, terror financing, money laundering, tax fraud, or any breach or violation of relevant criminal, administrative or tax laws in any country of the world. 

4.2.3. Client has breached his obligations against Jobchain under the GTC (e.g. any delayed payment). 

4.2.4. Client has breached any rules or regulations of a payment service provider. 

4.2.6. Client has opened more than one account with Jobchain. 

4.2.7. Client breached the single payment service provider account rule (item 8.11.) and used together with another Jobchain Client the same payment service provider account (e.g. bank account, Neteller account, etc) or a third-party bank account, third-party credit card etc. 

4.2.8. Client uses an account without legal entitlement to use such an account. 

4.2.9. Client conceals the correct identity by providing incorrect data regarding the Jobchain Client Account or an account with a payment service provider. 

4.2.10. Client breaches the payment rules, in particular but not limited to item 8.12., as set forth under the GTC. 

4.2.11. Client breaches the rules of the Tell-a-Friend Programme (set forth under item 15.5.) and does not cure the breaches within a reasonable grace period (depending on the breach between 24 hours and 5 Business Days). 

4.2.12. Client manipulates or attempts to manipulate Jobchain Systems or any Jobchain group’s services, including any use of automated systems (e.g. bots) or any other use which contradicts normal and typical trading behavior of human beings and, hence, indicates the involvement of a certain technology, software and/or any system automating such trading, except such use has been previously agreed with Jobchain. Using an automated system (e.g. bot) is only permitted if you (i) use Jobchain Exchange and (ii) use the official APIs provided on Jobchain Exchange in their original and unmodified state. 

4.2.13.Client conducts business or uses Jobchain Systems in such a way that leads to Direct Debit Chargebacks, credit card chargebacks or violations of regulations of involved banks or credit card companies. 

4.2.14. Client conducts business or uses Jobchain Systems in such a way that causes damage, disadvantages or losses for Jobchain and/or impairs any Jobchain Service.  

4.3. If Jobchain is engaged by the Client to remedy a declared and/or alleged deficiency and it is proven that no deficiency exists, existed or that the deficiency is or was in your sphere, Jobchain is entitled to charge compensation for any resulting expense. 

4.4. Jobchain may charge – in addition to any damage claims which Jobchain might have against such Jobchain Client – for Jobchain's additional efforts in connection with items 4.2. and 4.3. a processing fee of up to EUR 50.00 or any part of E-Token having the value of up to EUR 50.00 at the time of the measure set in accordance with item 4.2. and 4.3. 

4.5. Jobchain System uses its own token system (F-Token, E-Token and M-Token) which are booked in the respective storing sub-accounts (each a "Wallet") of the respective Jobchain Client Account. Only F-Token, E-Token booked in the respective Wallets in the Jobchain Client Account may and can be used for making a Jobchain Client Offer with respect to offering Token. The Wallet for F-Token is named "Fiat Wallet".  

4.6. F-Token, which are exclusively offered by Jobchain, are designated  

4.6.1. for support and facilitation reasons as an extra service towards Jobchain Clients, in particular to enable the Jobchain Client to act faster with respect to Jobchain Client Offers. 

4.6.2. for the exclusive use of such F-Token within a Jobchain System to exchange for E-Token. An exchange of F-Token outside of a Jobchain System is impossible. An exchange of F-Token to another Jobchain Client is impossible.  

4.7. F-Token are designated to provide for quick options to act as "support tools" for the Jobchain Clients and shall in no event be seen as a deposit (Einlage) of any kind. Therefore, if a Jobchain Client does not use an F-Token in exchange for another Token within a period of 12 months after such F-Token has been booked on the Jobchain Client's Wallet ("Reference Period"), Jobchain shall deduct F-Token having the monetary value of EUR 5.00 (based on the figures used by Jobchain in the Jobchain System) from the Jobchain Clients Account per calendar month as long as the Jobchain Client does not make valid use of the respective F-Token. Every time the Jobchain Client uses the respective F-Token, the Reference Period restarts from zero. 

4.8. You may send your M-Token to other Jobchain Clients however, the Jobchain System prohibit and do not allow the trade of M-Token between Jobchain Clients.  

4.9. Airdrops 

4.9.1. For any airdrop by Jobchain itself ("Jobchain Airdrop") Jobchain automatically books the respective Token or any other digital information unit distributed in such Jobchain Airdrop to the respective Jobchain Client Account.  

4.9.2. For any airdrop by persons other than Jobchain, Jobchain does not automatically credit any Token or any other digital information unit to the respective Jobchain Client Account. Client has to monitor any airdrop possibilities and if desires to participate in such airdrops Client must withdraw the respective Token from the Jobchain system and book it into the respective system which fits to participate in such airdrops. Jobchain does not provide advice on other airdrops or on ways to participate in such airdrops and Client moves the Tokens at own risk. Jobchain does not and will not inform the Client about airdrops other than Jobchain Airdrops. 

5. Jobchain Index

7.1. Jobchain Systems offer the option to purchase, sell or exchange several Tokens in one transaction via the "Jobchain Index". To exchange and purchase/sell via Jobchain Index, the respective provisions in section 3 (in particular 3.1.1., 3.1.2. and 3.1.3.) of these general terms and conditions shall apply. 

7.2. By using Jobchain Index, you can create a number of Jobchain customer offers with one 'click' and purchase, sell or exchange Tokens according to a predefined allocation of funds. This means that the Jobchain customer creates combined Jobchain customer offers for Tokens according to the allocation of funds they have selected. 

7.3. Jobchain Systems offer different allocations of funds from which Jobchain customers can choose freely and independently. The weighting of the allocation of funds and the respective (re)calculation of the allocation of funds is carried out by external partners who are independent of Jobchain ("Index Provider") and Jobchain has no influence on this. You acknowledge and accept that the allocation of funds is not created by Jobchain itself and that the unlimited availability of the allocation of funds in Jobchain Systems cannot be guaranteed at all times. In particular, Jobchain reserves the right, at its sole discretion, to change, modify or terminate the offered allocation of funds at any time and to exclude or remove individual tokens from the allocation of funds or not to include individual tokens in the allocation of funds if there are important reasons for this (e.g. regulatory requirements). Jobchain ensures that neither financial instruments nor other regulated financial products are included in an allocation of funds. 

7.4. The current balance of Tokens held using Jobchain Index is recorded and displayed in a separate wallet in the respective Jobchain customer account ("Index Wallet"). Jobchain Client, does not purchase a complete product or an index-representing token, but individual Token according to the allocation of funds selected by Client (e.g. BCI5). 

7.5. The allocation of funds provided by Jobchain Systems are adjusted to the parameters (e.g. market capitalization) specified in the respective allocation of funds ("Rebalancing") pursuant to a predefined period of time (e.g. at the end of the month). Rebalancing creates corresponding Jobchain customer offers for the exchange, purchase or sale of E-Token recorded and displayed in the Index Wallet. Client hereby confirms and grants Jobchain the right to carry out the corresponding and periodic exchange, purchase and/or sale orders for Tokens according to the allocation of funds selected by the Client. In addition, Client accepts and agrees to pay all applicable fees in connection with the exchange, purchase and/or sale orders placed in the Rebalancing process. Rebalancing will generally take place no later than four business days after the end of a period. Jobchain reserves the right to only execute exchange, buy or sell orders within the scope of Rebalancing at its sole discretion once certain minimum sizes per order have been reached. Client is aware and hereby confirms that the rebalancing may have tax implications for a Jobchain Client (see point 13.1. ix). 

7.6. It may occur that certain Tokens included in the allocation of funds are not offered in Jobchain Systems. In such cases, Jobchain will take appropriate steps to integrate these Tokens into Jobchain Systems within a reasonable period of time. Should Jobchain have successfully completed the integration of the respective Tokens, these Tokens will be added to the next Rebalancing and the corresponding Index Wallet at the price displayed in Jobchain Systems on the day of the subsequent Rebalancing. The actual extent to which Tokens are integrated into Jobchain Systems (e.g. trading options, wallet services) is at Jobchain's sole discretion. In particular, Jobchain reserves the right not to provide a separate wallet in Jobchain Systems for certain Token included in an allocation of funds; in such cases Client can only exchange the respective Token for other Tokens available in Jobchain Systems. 

7.7. Client can exchange the Token recorded and displayed in the Index Wallet for other Tokens at any time by creating a corresponding Jobchain customer offer. Such a Jobchain customer offer must refer to either (i) the total number of Tokens displayed and recorded in the Index Wallet or (ii) a proportionate number of Tokens displayed and recorded in the Index Wallet corresponding to the ratio of the selected allocation of funds. You confirm and accept that such customer offer - in total or proportionate - may only be possible above a certain minimum amount. It is not possible to exchange individual Token which is displayed and booked in the Index Wallet. Alternatively, Client can transfer the Token recorded and displayed in the Index Wallet directly to the corresponding wallet in Client’s Jobchain customer account. 

7.8. Client acknowledges and accepts that Jobchain Index can be terminated or discontinued at any time. If Jobchain Index is terminated, Jobchain will inform the Client of any such termination within a reasonable period of time. Client can then either sell or exchange (Swap) the Tokens displayed and booked in the Index Wallet or transfer them to the corresponding Wallet on customer account. If the Client does not take action within the specified time frame indicated by Jobchain, Jobchain will credit the equivalent value (pursuant to the prices displayed and offered within Jobchain systems) of the displayed Tokens and held in the Index Wallet to Client’s Wallet or Fiat Wallet within a reasonable period of time (and deduct the respective fees incurred for this). This is done at Jobchain's sole discretion. The notice period may be waived for important reasons. 

7.9. The Token recorded and displayed in the Index Wallet can neither be sent to other Jobchain customers nor to wallet addresses outside of Jobchain Systems. Partial removal of individual Token is also excluded. 

8. Prices, Payment Conditions, Exchange and Transfer Conditions

8.1. Prices and/or exchange rates published in connection with the Final Offer Click are final and binding for the Jobchain Client Offer (a "Final Rate"). 

8.2. Final Rates contain the following parts, which are shown on the webpage of the Final Offer Click: 

8.2.1. in case Client wants to purchase Token: 

i. offered amount in a currency that is legal tender 

ii. Tokens received if offer is accepted by Jobchain 

iii. bonus in Token (volume of the bonus depending on which payment method Client have chosen) booked directly on the Euro Wallet if offer is accepted by Jobchain 

iv. Final Rate, being the sum of items i-iii above 

8.2.2. in case Client wants to purchase Token: 

i. offered amount in a currency that is legal tender 

ii. E-Token received if offer is accepted by Jobchain 

iii. bonus in the respective E-Token (volume of the bonus depending on which payment method you have chosen) booked directly on the E-Token Wallet if offer is accepted by Jobchain 

iv. Final Rate, being the sum of items i-iii above 

8.2.3. in case you want to exchange F-Token for E-Token: 

i. offered F-Token 

ii. E-Token received if offer is accepted by Jobchain 

iii. Final Rate, being the sum of items i-ii above 

8.2.4. in case you want to exchange E-Token for F-Token: 

i. offered E-Tokens 

ii. F-Token received if offer is accepted by Jobchain 

iii. Final Rate, being the sum of items i-ii above 

8.2.5. in case Client wants to exchange Token for a different Token: 

i. offered Token  

ii. different Token received if offer is accepted by Jobchain 

iii. Final Rate, being the sum of points i-ii above 

8.3. Each Jobchain Client Offer must at least have a monetary value (based on the figures used by Jobchain System), stated by the respective Final Rate of EUR 1.00.  

8.4. Payments in a currency which is legal tender to and from Jobchain to and from Client are transferred by the respective payment service provider and not by Jobchain itself. 

8.5. Transfers of Tokens is conducted by Jobchain within Jobchain Systems. 

8.6. Final Rates and/or any other payments or services have to be paid and/or transferred by Client immediately after the Final Offer Click. 

8.7. In case of using Jobchain Savings, Client can choose between SEPA Direct Debit mandate or recurring credit card debiting as payment method: 

8.7.1. SEPA Direct Debit mandate: The respective payment amount is immediately payable and due for collection on the respective collection time, which Jobchain can freely determine in advance. By using SEPA Direct Debit mandate, the Client hereby revocably grants Jobchain or a company affiliated with Jobchain a SEPA Direct Debit mandate in order to collect the payments payable by the Client when due from the Client’s specified account by means of a recurring and regular SEPA Direct Debit mandate. Client acknowledges and agrees that the time of collection from Client’s bank account may be up to ten days prior to the respective recurring purchase time specified by the Client. Client hereby also authorizes Client’s bank to redeem the Direct Debits. Client’s bank is also entitled to decline Direct Debits, especially if Client’s account does not have sufficient fund coverage. Client has the right to initiate a chargeback to Client’s account within 56 calendar days (8 weeks) from the debit date without stating any reasons (“Direct Debit Chargeback”). In such case, the terms and conditions as agreed by the Client with the bank apply. Please note: The claim due, according to the Final Rate accepted and confirmed by the Client in the Multiple Debit Order (as defined in section 8.2.7.) will remain payable in case of a Direct Debit Chargeback. Since the Client has been informed of the amount and the debit dates accordingly, Client revocably waives the right to obtain pre-notifications before collections of Direct Debits are made. The Client is obliged to provide sufficient funds on account on the due date. If collection via SEPA Direct Debit mandate is not possible (e.g. bank refuses or rejects the Direct Debit), you will bear any resulting costs (e.g. bank fees) and you authorise Jobchain to execute a Direct Debit again on a later date. This also applies to all costs incurred to Jobchain in connection with a Direct Debit Chargeback and/or revocation of a SEPA Direct Debit mandate. Client authorizes and grants Jobchain the right to deduct such costs directly from any of Client’s Tokens. The provisions as set forth in section 8.9. and 8.10. apply equally in these cases. The Client is aware and accepts that the initial setup of a SEPA Direct Debit mandate may take up to ten calendar days after submitting necessary data to Jobchain until it is fully implemented and hence, Direct Debits can be executed (the same applies in  case Client amends the amount of Multiple Debit Order). 

8.7.2. Recurring credit card payment: The respective payment amount is immediately payable and due for collection on the respective recurring purchase point in time specified by Client in advance. Hence, Client authorizes Jobchain to charge Client’s credit card accordingly and in accordance with the general terms and conditions applicable for Client’s credit card. Client is obliged to provide sufficient funds on credit card on the due date. If collection by credit card is not possible (e.g. insufficient funds), Client will bear any resulting costs (e.g. credit card fees). In such a case, the provisions of point 8.9. and 8.10. apply.  

8.7.3. If execution of a Multiple Debit Order is not possible, for whatever reason, no Tokens will be credited to Client’s Jobchain Account. In such cases, Jobchain will notify the Client by e-mail about the failure of executing the order.  

8.7.4. Client may revoke a Multiple Debit Order issued by SEPA Direct Debit or credit card at any time. A revocation of the SEPA Direct Debit mandate shall take effect no later than two Business Days after revocation by the Client was communicated to Jobchain. Please note that Client’s Multiple Debit Order issued via SEPA Direct Debit mandate will still be executed after revocation or pause, provided that revocation or pause falls between the time of collection from Client’s bank account and the respective recurring purchase time. 

8.7.5. Jobchain can refuse the Jobchain Savings service to individual Jobchain Clients for objective reasons.  

8.8. Until the purchase price, including all fees and expenses, and/or any other outstanding amounts and/or claims have been fully paid, or any Token in exchange have been fully transferred to Jobchain, any Token or proceeds thereof, remain the property of Jobchain and Jobchain has a right of retention regarding the Token of the respective Jobchain Client. This reservation remains in force regardless of any form of processing or blending of goods, which may take place in any location worldwide.  

8.9. Client’s payment/transfer can be delayed if the respective payment/transfer is not booked on Jobchain's accounts (including Wallets and storages of Jobchain) at the time when the respective CCOFA (as set forth under item 3.1.5.) has been completed by Jobchain or a collection via SEPA Direct Debit mandate cannot be fulfilled (see point 8.7.). Jobchain cannot be in delay because Jobchain either accepts an offer by completing the respective CCOFA or denies an offer in all other cases when not completing the respective CCOFA.  

8.10. In the case Client is in delay with the transfer, Jobchain may charge fees as far as such fees are necessary to cover the costs of Jobchain for administration of such delay and enforce Jobchain's rights. In case the respective Jobchain Client does not settle debts within a reasonable time, Jobchain reserves the right to entrust a debt collection agency with the collection of the claimed debt. In such case(s) Jobchain will additionally charge processing fees of EUR 5.00 for claims between EUR 0 and EUR 500.00 and EUR 10.00 processing fee for claims of more than EUR 500.00. Furthermore, any additional expenses charged by the debt collection agency towards Jobchain complying with the "Verordnung des Bundesministers für wirtschaftliche Angelegenheiten über die Höchstsätze der Inkassoinstituten gebührenden Vergütungen" (BGBI Nr. 141/1996 idgF), will be charged to the Jobchain Client, as long as these are reasonable and necessary to cover adequate prosecution costs. 

8.11. Jobchain allows within the single account rule (item 4.1.) also only a single match between a Jobchain Client Account and a payment service provider account (e.g. bank account, Neteller account, etc). Respectively any account with a payment service provider may be used only by one single Jobchain Client. The name of the payment service user must match the name of the Jobchain Client assigned to the respective Jobchain Client Account. 

8.12. Client has to fully comply with the data disclosure requirements in the payment processes, in particular when paying via SEPA. If Client does not comply with the data disclosure requirements, Jobchain cannot match the respective payment with Jobchain Client Account. As the consequence, Jobchain will start a manual tracking process, for which Jobchain shall charge the Client a processing fee in addition to any claims (if any) according to the item 4.3. above. 

8.13. Jobchain reserves the right in all cases where a failure occurs with respect to payments from Jobchain to Client, which is due to Client’s negligence, mistake or technical failure on Client’s payment service provider, to transfer instead (parts of) available Tokens having the same value in a currency which is legal tender at the time when the failure has occurred. The received Token completely replace the payment without any further claim.

8.14. Jobchain reserves the right to change, amend and/or disallow accepted payment methods at its own discretion. 

8.15. In the case of transferring Token from and to a Jobchain System to an from blockchain system outside of Joibchain:  

8.15.1. transaction fees or miner-fees may apply and must be settled directly by the Jobchain Client. 

8.15.2. the transaction-ID generated by the network, serves as irrefutable proof of the completed transfer of Tokens from Jobchain to Jobchain Client's last disclosed wallet-address. Such transaction-ID will also be communicated to the Jobchain Client's last disclosed email address as part of a delivery confirmation email. 

8.15.3. the transaction is completed and cannot be reversed once the transaction appears on an external blockchain network. Client is aware and accepts that from this point onwards Jobchain has no influence on the transaction and whether Client has access to transferred Tokens via last disclosed wallet-address. Client is aware and accepts that the transfer can only be accepted by a confirmation on the blockchain and that Jobchain assumes no liability whatsoever that such confirmation is given. Client assumes full responsibility for the receipt of the adequate transaction confirmation by an external blockchain system. 

8.15.4. upon the transfer of the Tokens out of a Jobchain System the assumption of risk, especially the risk of deterioration and loss, passes to the Client 

8.16. Client is solely responsible for the accuracy of own wallet-addresses outside of a Jobchain System and for ensuring that they are correct and kept up to date. This applies in particular to a transfer from a certain Token to a wallet-address which is meant for another Token (e.g. Bitcoin to Litecoin). Should the Token be transferred to wallet address, the Token cannot be transferred back or sent to another wallet-address. Jobchain assumes no liability whatsoever for any failures with respect to wallet addresses outside of a Jobchain System.  

8.17. Client is solely responsible for the accuracy of Client’s own wallet-addresses inside a Jobchain System and for ensuring that they are correct and kept up to date. This applies in particular to a transfer from a certain Token to a wallet address which is meant for another Token (e.g. Bitcoin to Litecoin). Should the Token be transferred to your wrong Token Wallet, the Token cannot be transferred back or sent to another Token Wallet. Jobchain assumes no liability whatsoever for any failures of a Jobchain Client with respect to wallet addresses inside a Jobchain System. 

8.18. Client is obliged to ensure that in the case of Token refunds which are made by third parties onto the hot wallet of Jobchain, these transactions can be assigned faultlessly. Such a cases may occur, when Client transfers Token from Jobchain's hot wallet to a third party and the recipient sends the appropriate refunds back to Jobchain’s hot wallet.  

9. Right of withdrawal

9.1. Client must explicitly give up the 14-day right of withdrawal, from which consumers benefit according to section 11 of the "Fern- und Auswärtsgeschäfte-Gesetz" (the "FAGG"), in order to allow Jobchain in accordance with section 18 para 1 no 11 FAGG to transfer Tokens or any other cryptographic blockchain-based digital information units (as digital content not stored on a physical data carrier) before the right of withdrawal expires. Jobchain Systems transmit a confirmation of the closed contract to the respective Jobchain Client according to section 5 para 2 of the FAGG immediately after the CCOFA. 

10. Jobchain Exchange

10.1. In addition to the services outlined in item 3. Jobchain offers an exchange service enabling to Client to obtain prices for purchases and sales of Tokens via Jobchain Exchange (https://exchange.Jobchain.com or its associated APIs). Jobchain Exchange provides eligible Jobchain Clients with an order book exchange service platform for various Tokens and token trading pairs.  

10.2. Persons interested in using Jobchain Exchange have to be a Jobchain Client in order to create a “Jobchain Exchange Account”. Client funds Jobchain Exchange Account by depositing (i) Tokens via Jobchain Client Account (see point 4.), (ii) supported Token from an external wallet or (iii) directly via available payment service providers pursuant to point 8. Client can only use funds available in Client’s Jobchain Exchange Account to trade on Jobchain Exchange. In order to withdraw Tokens from Jobchain Exchange Account Client has to transfer such Tokens to Jobchain Client Account or via available payment service providers. Client is aware and accepts that Client cannot withdraw any Tokens that are held in Open Orders. 

10.3. Whenever Client accesses Jobchain Exchange (through https://exchange.Jobchain.com or its associated APIs), Client accepts and agrees to this GTC and the applicable trading rules as outlined in Annex II (“Trade Rules”) which are an integral part of this GTC. Furthermore, Client accepts and agrees to pay all applicable fees in connection with Client’s order(s) placed on Jobchain Exchange. In particular, Client authorizes Jobchain to automatically deduct fees from Client’s Jobchain Exchange Account or Jobchain Client Account, in case the Jobchain Exchange Account has insufficient funds. Client empowers and grants Jobchain the right to deduct such fees from Client’s Token holdings. If no Token holdings are available, then the equivalent value will be deducted from any other available token holdings on Client’s Jobchain Accounts. Current rates of the Jobchain Exchange trading fees can be found on Jobchain’s website

12. Data Protection

12.1. In the course of delivering the negotiated services, Jobchain is compliant with the GDPR as set forth in the Data Protection Terms.  

13. Risks

13.1. Jobchain Client understands and accepts the risks in connection with using Jobchain Systems. In particular, but without being limited to these examples, Client understands the inherent risks set forth above and hereinafter: 

i. Risk of software weaknesses: The underlying software application and software platform, the Jobchain Systems, mobile applications and technology, the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven. There is no guarantee or warranty that the process for receipt, use and ownership of any cryptographic blockchain-based digital information units will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of any cryptographic blockchain-based digital information units, in particular but not limited to tokens, Euros or any value of any cryptographic blockchain-based digital information units. 

ii. Regulatory risk: Blockchain technologies allow new forms of interaction. It is possible that certain jurisdictions will apply existing regulations, or introduce new regulations upon blockchain technology-based applications, which may have negative influence on the current setup of the systems and which may, inter alia, result in substantial modifications to the/any cryptographic blockchain-based digital information units/Jobchain System technology, including its termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have. Jobchain System technology is planned for a market, which is not regulated by financial markets rules. It is the design and intended structure not to fall under any financial market rules and Jobchain GmbH intend to design, modify and/or adapt the Jobchain System technology in such way that financial market rules are not applicable on any cryptographic blockchain-based digital information units and/or Jobchain System technology. Within the regulatory risk category, changes in the Jobchain System technology with respect to adaptions, amendments and re-designs may cause termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have. 

iii. Risk of abandonment/lack of success: The allocation of any cryptographic blockchain-based digital information units and the development of any cryptographic blockchain-based digital information units technologies might be abandoned for a number of reasons, including lack of interest from industry, community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). Respectively even if Jobchain System technology is partially or fully developed and launched, it may happen that any cryptographic blockchain-based digital information units do not receive any functionality. 

iv. Risk of theft and internet vulnerability: The underlying software application and software platform, the Jobchain System technology, the smart contract system(s), software, technology components and/or platforms may be exposed to electronic or physical attacks that could result in the theft or loss of cryptographic blockchain-based digital information units, or the theft or loss of private data, impacting the ability to develop, launch or use Jobchain System technology. Client is aware that SMS/messages and email services are vulnerable to spoofing and phishing attacks and care should be exercised in reviewing messages purporting to originate from Jobchain.  Client should always log into Jobchain Client Account through https://www.Jobchain.com to review any transactions or required actions and be alert to any uncertainty regarding the authenticity of any communication or notice. Client should note that phishing attacks often occur apart from SMS or email or equivalent services, via search engines or ads in search engines, or other fraudulent links. Jobchain GmbH does not take any responsibility for lost Tokens or any other funds due to spoofing, phishing or other equivalent attacks. 

v. Risk of blockchain mining attacks: As with any other public blockchain-based systems, the Jobchain System technology may be susceptible to attacks including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, race condition attacks or any other mining or non-mining related attacks. Any successful attacks present a risk to the Jobchain System technology, to the expected proper execution and sequencing of cryptographic blockchain-based digital information units transactions and to the expected proper execution and sequencing of software computations. 

vi. Risk of depreciation in value/extreme volatility: As cryptographic blockchain-based digital information units are not regulated the value of cryptographic blockchain-based digital information units is assessed differently. Respectively the value of cryptographic blockchain-based digital information units in whatever form might experience extreme volatility and/or the value of cryptographic blockchain-based digital information units might decline to zero. As additional cost with respect to regulatory or other risks might be triggered – and if such cost are added for the purpose of calculation to the value of cryptographic blockchain-based digital information units (whatever value one might give to the cryptographic blockchain-based digital information units) – cryptographic blockchain-based digital information units might also decline in their value to zero. 

vii. General risk: There is no guarantee/warranty whatsoever on cryptographic blockchain-based digital information units and/or the success of the Jobchain System technology, expressed or implied, to the extent permitted by law, and that cryptographic blockchain-based digital information units are created and obtained at the sole risk of the Jobchain Client on an “as is” and “under development” basis and without, to the extent permitted by law, any guarantees/warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose; 

viii. Market and community risk: Client is aware of the risks of soft and hard forks and splitting including the broad possible changes to Jobchain System technology which might be imposed by the market or community on Jobchain/Jobchain System technology.  

ix. Tax risk: The tax consequences of the allocation or purchase of cryptographic blockchain-based digital information units (in whatever form) as well as the exchange of cryptographic blockchain-based digital information units, the holding of cryptographic blockchain-based digital information units (in whatever form), the alienation of cryptographic blockchain-based digital information units (in whatever form) and/or any other action or transaction related to cryptographic blockchain-based digital information units may have tax implications at the level of a Jobchain Client; therefore, Jobchain Client should contact own tax advisors on the tax consequences in connection with the cryptographic blockchain-based digital information units and the Jobchain System technology; by making a Jobchain Client Offer to Jobchain, using Jobchain Exchange and/or by receiving, using or holding cryptographic blockchain-based digital information units, and to the extent permitted by law, Lient agrees not to hold any associated party (including Jobchain, Jobchain's auditors, Jobchain's contractors, Jobchain's advisors, Jobchain's employees or Jobchain's founders) liable for any tax liability associated with or arising from making an Jobchain Client Offer, using Jobchain Exchange, the allocation, use or ownership of cryptographic blockchain-based digital information units or any other action or transaction related to cryptographic blockchain-based digital information units. 

14. Warnings

14.1. Investing in cryptographic blockchain-based digital information units is highly speculative with a risk of loss of the entire capital invested. Such investment is only suitable for users, who can bear a loss of the entire invested capital. 

14.2. Investing in cryptographic blockchain-based digital information units means investing in something totally unpredictable. Such investment is only advisable for users, who want to take maximum risk. 

14.3. Cryptographic blockchain-based digital information units are no currencies or means of payment and are neither accepted by states, central banks nor must a private person accept them in any way. 

14.5. Jobchain does not take any responsibility for cryptographic blockchain-based digital information units that are or tend to be collateralized, backed or pegged by a currency that is legal tender or any other asset of whatever form (e.g. stable coins) as all actions in connection to such cryptographic blockchain-based digital information units are in the sole responsibility of its issuer and Jobchain has no discretion over such actions. Client agrees and confirms that such cryptographic blockchain-based digital information units are collateralized, backed or pegged solely by the issuer and not by Jobchain itself. Therefore, one cannot redeem or convert such cryptographic blockchain-based digital information units with Jobchain. 

14.6. Client uses the offered Jobchain Systems at your own risk. 

15. Miscellaneous

15.1. Jobchain manages the Jobchain Systems with due care. Nevertheless, systems for the exchange of cryptographic blockchain-based digital information units combine various new fields of experimental technology and it is very likely that interruptions, failures and other problems occur. Jobchain GmbH does not give any guarantee with respect to finding solutions for any such problems as soon as possible. Jobchain assumes no responsibility other than to try to find solutions and, therefore, assumes no liability whatsoever for any damage caused by interruptions of a Jobchain System because any such interruptions are immanent in an experimental field of technology. 

15.2. Client is aware that technology-based systems like Jobchain Systems need maintenance work and development work and that for such work interruptions of the systems (planned and unplanned) are necessary and essential. 

15.3. Jobchain shall  

15.3.1. be liable for any direct and foreseeable damage in the cases of gross negligence caused by Jobchain.  

15.3.2. be liable for any direct and foreseeable damage in the case of intent, gross negligence caused by Jobchain. 

15.3.3. in no case be liable for indirect damages, consequential damages, especially regarding damages to other software, lost profit, property damages of a Jobchain Client or third-party damage.  

15.3.4. in particular not be liable for damages caused by interruptions of Jobchain Systems which are necessary for maintenance work or to avoid network disturbances and/or which are caused by inevitable occurrences which are outside Jobchain GmbH’s control (e.g. energy network disturbances; regulatory authority interference or on-site visits; strikes, riots, environmental causes like earthquakes, storms, etc.; wars or national or international conflicts with and without arms; international or national sanctions against certain products, services, persons, countries; legal limitations to cryptographic blockchain-based digital information units at any time or place worldwide; network interference, computer failures or criminal activities through third parties (for example hacking). 

15.3.5. not be liable for and cannot guarantee that the security certificates displayed on any Jobchain System are completely secure.  

15.3.6. not be liable for any loss of users' data (e.g. due to hacker attacks) which are beyond Jobchain's and Jobchain Metals GmbH’s sphere. A Jobchain Client shall be informed immediately about the loss of data.  

15.3.7. assume no liability for (i) stored Token in any hot and/or cold wallet for a Jobchain Client; (ii) information of the Jobchain Client used for transactions into or out of Jobchain Systems, (iii) transactions into or out of Jobchain Systems, (iv) a Jobchain Client or person using websites, mobile applications or services, not provided by Jobchain GmbH such as third party wallet services or any other services of any third party and (v) any user's login data, Jobchain Client login data, 2FA data, or other user data. In using websites or services, not provided by Jobchain GmbH such as wallet services or any other services of any third parties, Jobchain GmbH expressly disclaim any liability for the third-party services and are not responsible for the performance of the third-party services or supplier. You as a Jobchain Client use these services completely at your own risk. Funds sent to such third parties cannot be reverted. Jobchain can and will not check the reliability of these third parties. Joibchain has no obligation to contact or solve the problem with any third party. 

15.4. Jobchain undertakes to care for the Tokens stored by the Jobchain Client to the extent to which it is reasonably technically manageable in Jobchain Systems and endeavors to store the majority of these "cold" – meaning offline. 

15.6. Client may not transfer Tokens out of the Jobchain Systems in an ICO (Initial Coin Offering), or a comparable offer where digital currency or assets are returned, to the respective smart contract unless specifically authorized by Jobchain. Should Client do so anyway, the returned digital currency or assets will be credited to Jobchain (see item 8.18. which applies). Client accepts to meet these regulations and agrees to support the return of the digital currency or assets. Thus, Jobchain is entitled to a reimbursement of costs.  

15.7. Jobchain has the right to disclose any data to any competent authority if the data is requested to be disclosed by such authority in order to track or investigate any relevant cases under the Austrian Criminal Code (StGB). Jobchain reserves the right to cooperate with such authorities to the maximum extent possible. 

15.8. Client accepts and confirms with each transaction hereunder to accept and confirm these GTC in the current form. 

15.9. If one or more of the provisions of these GTC or one or more of the schedules hereto are or will become invalid or unenforceable, or if one or more of the provisions of these GTC or one or more of the schedules hereto are or will become incomplete, the other provisions of these GTC and the schedules hereto will remain valid without limitation, with the main obligations of the parties hereunder remain unaffected. Such provision(s) – having been found illegal or unenforceable in whole or in part, shall be ineffective solely to the extent of such determination of invalidity or unenforceability only with respect to the jurisdiction in which they have been found illegal or unenforceable, without having any effect on any other jurisdiction. Each invalid or unenforceable provision shall be replaced or completed by a valid and enforceable provision in such a way that the new provision closely reflects the legal and economic effects the parties have concurrently aimed at in the invalid or unenforceable provision. 

15.10. Changes to and amendments of these GTC, including this clause, may be made by Jobchain at any time and become effective when: (i) the Jobchain Client accepts online the amended GTC or (ii) within 1 month after having published such changes or amendments. 

15.11. The GTC exclusively govern the relationship between the Client and Jobchain and supersede any prior statements or agreements. Any terms and conditions (AGB) of the Client are excluded from being applicable on the relationship between the Client and Jobchain. 

15.12. The failure of Jobchain to enforce or to exercise, at any time or for any period of time any term or any right or remedy arising pursuant to or under the GTC shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect Jobchain's right to enforce or exercise it later, provided that such right is not time barred, expired or precluded. Any waiver to this effect must be explicitly made in writing. 

15.13. Jobchain and the Client agree on English language with respect to communication. Subject to the German terms in brackets, if any, referring to Austrian legal terms (which shall be interpreted only with respect to their meaning under Austrian law and with respect to the German language term in brackets), any other language used shall be only used for purposes of convenience. Respectively every communication or notice shall be made in English language. The English language version of these GTC is the prevailing version. 

15.14. The GTC and any transaction hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of law provisions or rules that would cause the application of the law of any jurisdiction other than Austria. 

15.15. Any and all disputes or divergences or claims shall be exclusively dealt with the court having pertinent competence for Vienna.  

Definitions 

In the GTC, the following terms have the meanings specified or referred to in the following overview and shall be equally applicable to both the singular and plural forms. 

Annex I

2FA 

means the proof of identity of a Jobchain Client by combining two different and independent components (factors). 

Jobchain 

has the meaning given to it in point 1.1. 

Jobchain Airdrop 

is the free distribution of token to existing wallet addresses of Jobchain itself.  

Jobchain Card 

has the meaning given to it in point 11.1. 

Jobchain Client 

has the meaning given to it in point 2.1. 

Jobchain Client Account 

has the meaning given to it in point 4.1. 

Jobchain Client Offer 

has the meaning given to it in point 3.1.4. 

Jobchain Exchange Account 

has the meaning given to it in point 10.2. 

Jobchain Fork Policy 

has the meaning given to it in point 5.1 and is added to this GTC in Annex III.  

Jobchain Index 

has the meaning given to it in point 7.1. 

Jobchain Exchange Account 

has the meaning given to it in point 10.2. 

Jobchain Swap 

has the meaning given to it in point 3.1.3. 

Jobchain Systems 

has the meaning given to it in 1.1. 

Business Day 

is a working day on which Austrian credit institutions are open to the public. 

CCOFA or Contract Conclusion and Order Fulfillment Action 

has the meaning given to it in point 3.1.5. 

Contis 

has the meaning given to it in point 11.2. 

Default in Payment 

has the meaning given to it in point 3.1.5. 

Direct Debit Chargeback 

has the meaning given to it in point 8.7.1. 

E-Token 

has the meaning given to it in point 3.1. 

F-Token 

has the meaning given to it in point 3.1. 

Fair-Use-Policy 

has the meaning given to it in point 11.19. 

Fallback Payment Asset 

has the meaning given to it in point 11.5. 

Fiat Wallet 

has the meaning given to it in point 4.5. 

Final Offer Click 

has the meaning given to it in point 3.1.1. 

Final Offer Click Savings 

has the meaning given to it in point 3.1.2. 

Final Offer Click Swap 

has the meaning given to it in point 3.1.3. 

Final Offer Clicks 

has the meaning given to it in point 3.1.2. and 3.1.3. 

Final Rate 

has the meaning given to it in point 8.1. 

Fork 

has the meaning given to it in Annex I n 1. 

Index Provider 

has the meaning given to it in 7.3. 

Index Wallet 

has the meaning given to it in point 7.4. 

Main Payment Asset 

has the meaning given to it in point 11.5. 

Multiple Debit Order 

has the meaning given to it in point 3.1.2. 

Offer Period 

has the meaning given to it in point 3.1.4. 

Price Guarantee 

has the meaning given to it in point 3.1.1. 

Promotion Award 

has the meaning given to it in point 15.5.2. 

Promotor 

has the meaning given to it in point 15.5.1. 

Promotor Referral Code 

has the meaning given to it in point 15.5.1. 

Reference Period 

has the meaning given to it in point 4.7. 

Token 

has the meaning given to it in point 3.1. 

Token Voucher 

has the meaning given to it in point 6.1. 

Trade Rules 

has the meaning given to it in point 10.3. 

Wallet 

has the meaning given to it in point 4.5. 

Annex II

Trade Rules Jobchain Exchange

1. Trading

1.1. Jobchain Exchangevides and operates a central limit order book online trading platform called Jobchain Exchange where Client can settle trades in Tokens and Token trading pairs. Client will find the available order books listed in Jobchain Exchange Account. Client acknowledges and agrees that the provisions set out in the GTC for Jobchain Clients and Jobchain Client Accounts apply likewise to Jobchain Exchange users and their Jobchain Exchange Accounts.

1.2. Any person using or trading on Jobchain Exchange does so entirely at own risk. 

1.3. In these Trade Rules, the terms defined in the GTC apply likewise, except otherwise specified or referred to, in the following overview and such definition shall be equally applicable to both the singular and plural forms:  

Balance  means the Jobchain Client’s total asset value on its Jobchain Exchange Account less any amounts held for Open Orders and fees. The total asset value is the gross value of all your Token for the relevant Order Book with the value of the Quote Token based on the last trade price and including the Token allocated to Open Orders.  
Base Token  means the Token being traded on the Order Book, namely the first Token in the trading pair (e.g. on the BTC-EUR Order Book, BTC is the Base Token and F-Token is the Quote Token). 
Suspended Mode  means that no new orders can be placed and Open Orders will not be executed. It is only possible to cancel Open Orders. 
Limit Order  means an Order to buy or sell a specified quantity of a Token at a specified price. Such Limit Order will only be executed at the specified price or a better price.  
Maker Order 

means an Order posted to the Order Book by placing a limit order below all pending sell orders for buy, and above the pending buy orders for sell. Such Maker Order will remain open at that price on the Order Book until it is cancelled; or completely executed by one or more Orders placed by another Jobchain Client at the same price. 

Market Order  means an Order to buy or sell a specified quantity of a Token at the best available price of existing Orders on the Order Book. 
Order  has the meaning given to it in point 2.1. of this Annex II. 
Order Book  means each order book on which Orders are placed for trading in a trading pair offered on Jobchain Exchange. 
Open Order  means an Order which has been placed but not executed, cancelled, deactivated or expired. 
Quote Token  means the Token in which trading is denominated on the Order Book, namely the second Token in the trading pair (e.g. on the BTC-EUR Order Book, BTC is the Base Token and F-Token is the Quote Token). 
Scheduled Maintenance  means a planned temporary pause for maintenance or upgrades. 
Stop Order  means an instruction to place an Order to buy or sell a specified quantity of a Token if and when the last trade price on the Order Book touches the price specified in the Stop Order. After placing a Stop Order it is active until it is executed (i.e. when price specified in the Stop Order is triggered). 
Taker Order  means an order posted at the same price as one or more existing Orders. Such a Taker Order results in an immediate execution at that price and to the extent of the total quantity of those existing Orders.  
Trade Rules  has the meaning given to it in point 10.3. GTC. 

2. Orders

2.1. Client can instruct to buy or sell a specified quantity of Base Token at a specified price in the quote (order) provided that Client has the required positive Balance of the relevant Token on Jobchain Exchange Account which covers the total value of the Order and any applicable fees. With placing an Order, the respective specified quantity of Token of such Order is set aside. For purposes of effectuating a trade, you authorise Jobchain to take temporary control of the Token that you are disposing of in the respective Order. 

2.2. On Jobchain Exchange the Client can place an Order as a Limit, Market or Stop Order. Client can cancel an Open Order at any time before it is executed, and no fees will be charged for cancelled Orders.  

2.3. Limit Orders 

2.3.1. A Limit Order will be immediately placed in the Order Book and may result in a Maker or a Taker Order, or an Order that is partially a Maker Order and partially a Taker Order. The placed Order will remain on the Order Book until the Client cancel it. 

2.4. Market Orders 

2.4.1 Jobchain cannot and does not guarantee that a Market Order will be executed at a specified price. Client agrees and accepts that a Market Order may execute at a number of different prices, based on the quantity of the Market Order and the quantities of the existing Orders on the Order Book at a given time. In particular, Client is aware and accepts that a Market Order may execute at a price less favorable than the most recent trade price, in some cases significantly less. 

2.4.2. A Market Order is always a Taker Order.  

2.5. Stop Orders 

2.5.1. A Stop Order must be placed as a Stop Limit Order which posts a Limit Order when the stop price is triggered. Such a Stop Order is not placed to the Order Book and is not visible to others, but any resulting Order (i.e. the Limit Order when the stop price is triggered) is posted and visible.  

2.5.2. Client is aware and acknowledges that a Stop Limit Order is not guaranteed to execute. The placed Order will remain on the Order Book until Client cancel it or until it is completely executed.  

2.6. Minimum order sizes 

2.6.1. For Orders on Jobchain Exchange minimum order sizes apply. Current minimum order sizes can be found on Jobchain’s Website

2.6.2. Jobchain will periodically update order minimums as mentioned to reflect the current state of marketplaces and value of assets. Client is aware and accepts that such order minimums may change from time to time and they are not guaranteed. 

2.7. Execution and Settlement 

2.7.1. Execution takes place provided that a Maker Order matches with a Taker Order and an Order may be matched with one or more Orders at the same price. The matched Orders will be settled by Jobchain immediately in form of the respective debits and credits to the involved Jobchain Exchange Accounts.  

2.8. Matching engine and order priorities 

2.8.1. Jobchain Exchange matches Taker Orders with Open Maker Orders on each Order Book based on price-time priority. This means that each time a Taker Order is placed this order is matched with the earliest in time Maker Order at the best price on the Order Book. Should the Taker Order not be completely fulfilled, it may be matched with any subsequent Maker Orders at that price, in the sequence those Maker Orders were posted. Should such a Taker Order still not be completely executed as described previously, it is matched with one or more Maker Orders at the next best price, in the sequence those Maker Orders were posted. This process is repeated until the Taker Order is completely executed.  

2.9. Trading fees 

2.9.1. Orders are charged with a maker fee for each Maker Order and a taker fee for each Taker Order posted on the Order Book. Fees will be charged in the Token you receive and are calculated as a percentage of the Order quantity. For example: on the BTC-EUR Order Book, you, as a buyer of BTC, pay fees in BTC and the seller of BTC pays fees in EUR. Fees are charged on a per trade basis and will be deducted automatically once an Order is matched. If an Order qualifies partially as a Maker Order and partially as a Taker Order, a maker fee applies to the part posted as a Maker Order and a taker fee applies to the part posted as a Taker Order.  

2.9.2. Client is aware and accepts that trading fees may vary from time to time and between Order Books. Any such updated fees will apply prospectively to any Orders or other transactions that take place following the effective date of such updated fees. Furthermore, Client is aware and acknowledges that fees will be deducted from Client’s respective Jobchain account as set forth under item 10.3. in this GTC. The current Jobchain Exchange trading fees are displayed at https://www.Jobchain.com/en/pro/fees

2.9.3. Jobchain offers volume-based fee discounts. The current fee discounts can be found at https://www.Jobchain.com/en/pro/fees. You are aware and accept that fee discounts are not guaranteed and may change or be abandoned anytime at Jobchain’s sole discretion.  

2.10. Market Integrity 

2.10.1. All executed Orders are final and won’t be cancelled except where (i) Jobchain is obliged to do so pursuant to applicable law or regulations or (ii) due to a material technical error (e.g. Orders or executions do not comply with these rules). In case of a technical error Jobchain will make all reasonable efforts and act in good faith in accordance with industry standards in order to restore the positions which would have been without the occurrence of an error.  

2.10.2. Jobchain has the right to cancel Open Orders in the following circumstances: 

i.Orders placed by Jobchain Clients who have infringed the GTC, in particular rules set out in item 4. of the GTC which apply to Jobchain Exchange Accounts likewise and/or using the API in a manner that unreasonably burdens the platform.  

ii. Orders involving an obvious error with respect to price, quantity, or other parameters. 

iii. If required for technical reasons or by any applicable law or regulation. 

2.10.3. Jobchain has the right to take any action e.g. halting of trading, restrict access, modifying parameters in order to mitigate risks, cancelling Orders resting in the Order Book, or any other actions to ensure and preserve the market integrity of Jobchain Exchange.  

2.11. Interruptions 

2.11.1. In case of technical errors preventing or negatively impacting a Jobchain Client’s ability to properly use Jobchain Exchange (e.g. placing/cancelling of Orders, access to Jobchain Systems and APIs) it is at Jobchain’s sole discretion to take adequate measures in respect of one or more Order Books, in particular: 

i. temporarily disable depositing or withdrawing Token; 

ii. cancel Open Orders; 

iii. disable the option to place new Orders (one can only cancel existing ones), to sign-in, to access Jobchain Exchange and/or to access via APIs.  

2.12. Prohibitions 

2.12.1. Jobchain Clients using Jobchain Exchange are not allowed to place Orders which result in self-execution (i.e. the same Jobchain Client would act as both the maker and taker for the trade), such Orders will be rejected. If two Orders of different quantities would result in self-execution, the smaller Order is cancelled, and the larger Order is decremented by an amount equivalent to the smaller quantity. The remainder of the larger Order remains open. 

2.12.2. Furthermore, Client is prohibited from engaging in any market manipulation (specifically, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing). Market manipulation of any kind (including action on Jobchain Systems or outside of Jobchain Systems) is strictly prohibited. Market manipulation is any action taken by any market participant or a person acting in concert with a participant which intends to: 

i. scam or mislead other traders; 

ii. control or manipulate the price or trading volume of a Token; or 

iii. assist, encourage, facilitate, finance, endorse or support either of the above.  

2.12.3. Jobchain does not use circuit breakers or automated trading halts based on predetermined price bands. However, as provided in section 2.10. and 2.11., Jobchain may, at its sole discretion, halt trading or take other action that seems appropriate to attain market integrity, prevent market manipulation or to maintain the proper operation of Jobchain Systems. 

2.13. Transparency and information 

2.13.1. Jobchain grants to every Jobchain Client equal access right to Jobchain Exchange including its APIs. In addition, all users of Jobchain Exchange receive full and real-time access to the available market information shown on Jobchain Systems. Market information contains the following: 

i. Limit Orders placed on the Order Books (price and quantity); and 

ii. all executions (price, quantity and time) 

2.13.2. Jobchain Systems do not show Stop Orders which have been placed but not yet triggered and any information about which user placed or cancelled an Order. 

2.13.3. Jobchain also trades its corporate funds on Jobchain Exchange. However, it does not have any special priority and these Trade Rules apply without exceptions for Jobchain, in particular with the same market information and without access to inside information. Jobchain does not engage in front-running.  

2.13.4. The same applies for all Jobchain employees (including employees of Jobchain group). Jobchain group prohibits all its employees from using insider, corporate or similar information to trade Tokens. Such employees are subject to internal trading policies and trade surveillance programmes. 

2.14. Application Programming Interfaces 

2.14.1. Jobchain may provide access to specific data and information through APIs (‘Application Programming Interface’). Client can only use these in their original and unmodified state and via Jobchain Client Account. Upon completion of the application for the creation of an API key Client will receive an email with a confirmation link. After clicking on the link in the email Client will receive the API key which is the only time the API key is displaced. If Client does not remember this API key in the future, a new key will have to be created.  

2.14.2. Client is aware and accepts that the scope and concrete form of APIs is at Jobchain’s sole discretion and that APIs may be modified or abandoned by Jobchain at its sole discretion anytime. Jobchain may set limits on the number of API calls that may be made at its sole discretion. If Client exceeds these limits or violates any other terms in this Trade Rules or GTC, Jobchain may moderate Client’s activity or cease offering Client access to the APIs at its sole discretion. 

2.14.3. Client grants Jobchain a fully paid-up, royalty-free, non-exclusive, worldwide, transferable, sublicensable, irrevocable right and license under all intellectual property rights to (i) use of name, likeness or brand including all of trademarks, logos (Logos), etc. to the extent it is incorporated into Client’s application and in connection with the maintenance, development and promotion of our Jobchain services, and (ii) use, perform, display to the public, reproduce, distribute, make available, and import application to provide, maintain, develop and market the Jobchain Systems and services. Upon termination or abandonment of Client’s API and written request from Client, Jobchain will make commercially reasonable efforts to remove reference to Client’s application and any of Client’s Logos from Jobchain Systems. 

2.14.4. Jobchain brands and names (Jobchain Logos), and all intellectual property rights therein and thereto are and shall at all time remain the sole and exclusive property of Jobchain and are protected by applicable laws and treaties. All rights not expressly granted herein are withheld.  

2.14.5. It is in Client’s sole responsibility to adequately secure and keep secret own API keys. Client accepts full responsibility for any use of Jobchain Exchange that is facilitated through API keys, and/or any other applications which Client may authorize (including any activities by the Client or any third parties that have access to Client’s account information whether authorised or not). More information on API can be found via https://developers.Jobchain.com/exchange/

 2.15. Scheduled Maintenance 

2.15.1. Jobchain will use reasonable endeavors to ensure that the Jobchain Exchange can be accessed by Client in accordance with these Trade Rules. However, Jobchain may suspend trading on Jobchain Exchange temporarily for maintenance or upgrades and will make reasonable efforts to inform Client about such scheduled Maintenance. Client acknowledges that this may not be possible in cases of emergency and accepts the risks associated with the fact that Client may not always be able to access, use or carry out transactions using Client’s Jobchain Exchange Account.

Annex III

Jobchain Fork Policy 

  1. A fork is an event in which a blockchain splits into two separate chains temporarily or permanently ("Fork"). Forks are a natural occurrence during mining, where two chains following the same consensus rules temporarily have the same accumulated proof-of-work and are both considered valid. They can also occur as a consequence of the use of two distinct sets of rules trying to govern the same blockchain. Forks have been used in cryptocurrencies in order to add new features to a blockchain or to reverse the effects of hacking or catastrophic bugs on a blockchain as was the case with the fork between Ethereum and Ethereum Classic. Notably, Forks have been widely discussed in the context of the bitcoin scalability problem. 

  2. Jobchain does not automatically support Forks of any cryptographic blockchain-based digital information units. 

  3. Jobchain assesses each case, and each Fork on a case-by-case basis and Jobchain may at its sole discretion decide whether to support a Fork or not and whether to communicate that to its clients or not. 

  4. If Jobchain decides not to support a Fork but Clients want to participate in a Fork, Client would have to move the respective Tokens onto such third-party wallet which fits for supporting such a Fork. Jobchain herewith advises Clients to take enough time into consideration to move the respective Tokens, because Jobchain cannot and will not give any guarantees to any transfers out of/outside of Jobchain Systems.. 

  5. Client must monitor the market to stay informed about Forks. Jobchain has no duty to inform Clients of any Forks. 

  6. Jobchain may decide at its sole discretion to suspend/temporarily shut down any exchange, trading or any transaction with respect to Tokens which are part of a Fork or influenced by a Fork to a major extent. This applies to Forks which are supported by Jobchain and also to Forks which are not supported by Jobchain.  

  7. If Jobchain decides, at Jobchain's sole discretion, to support a Fork, Jobchain shall decide which chain is the original blockchain in the fork scenario. Consequently, Jobchain shall inform Clients of such decisions and will endeavor to integrate the new cryptographic blockchain-based digital information units resulting from the Fork into Jobchain Systems. However, Jobchain gives no guarantee that such integration takes place and shall inform Clients at its sole discretion on when and how and at which distribution rate such new cryptographic blockchain-based digital information units resulting from the Fork can be used in Jobchain Systems. Respectively, Jobchain holds any resulting new cryptographic blockchain-based digital information units balances for and on behalf of Client from the time of the split until the time of distribution in cold storage (meaning offline). Client is aware and accepts that it is impossible to withdraw/or transfer any such new cryptographic blockchain-based digital information units balances out of a supported Fork until Jobchain decides at Jobchain's sole discretion to go live with such new cryptographic blockchain-based digital information units in Jobchain Systems. Client is aware and accepts that there might be situations where Jobchain may decide in a commercially reasonable way not to integrate such new cryptographic blockchain-based digital information units in  Jobchain Systems and that in such cases there are no rights to claim damages or compensation of any kind from Jobchain. Client is aware that Jobchain will try to integrate new cryptographic blockchain-based digital information units but in no case guarantees that such integration can be done or is fixed for a certain point in time.