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Humans Pre-Staking Program
Terms and Conditions

The following terms and conditions last updated on 11 March 2022 are the Terms and Conditions (the "Terms and Conditions") that govern the Humans.ai Pre-Staking Program developed by Humans Token AG ("Humans" or the "Company"), a company incorporated under the laws of the Principality of Liechtenstein with its registered office at Werdenbergerweg 11, 9490 Vaduz c/o Sercor Treuhand Anstalt, Liechtenstein for the holders of $HEART Tokens.

By (a) connecting your Wallet or other hardware wallet and clicking the "Deposit" button on the website https://humans.ai/aistaking (the "Website"), and/or (b) interacting with the Smart Contract (as defined below), and/or (c) accepting these terms and conditions, You hereby agree to become a party to these Terms and Conditions and participate in the Humans.ai Pre-Staking Program.

If You do not agree to all of the Terms and Conditions, or if any of the representations and warranties set forth in these Terms and Conditions is inaccurate, You must not Stake the Tokens.

Humans does not provide investment, tax, or legal advice, and You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for You based on your personal investment objectives, financial circumstances and risk tolerance. Humans may provide educational information about $HEART Tokens, in order to assist users in learning more about such digital asset. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. Any information provided on the Humans Website or any official social media site or any of such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and You should not treat any of the website's content as such.

1. Definitions

In addition to the capitalized terms defined in these Terms and Conditions, the following terms shall have the following meanings for the purposes of these Terms and Conditions:

APR

means annual percentage rate.

$HEART Tokens or Tokens

means cryptographical token built on the blockchain technology that are used in the internal blockchain economy implemented around the Humans Platform, issued by Humans.

Effective Date

means the date that You Stake your Tokens.

Staked Tokens

shall mean the number of Tokens You submit for the Pre-Staking Program.

Participant or You

means a holder of $Heart Tokens that has agreed to participate in the Pre-Staking Program under the Terms and Conditions herein.

Reward

shall mean the amount of Tokens You will be entitled to receive for participating in the Pre-Staking Program, representing a percentage of the Staked Tokens, calculated based on the APR.

Staking

shall mean the participation to the Pre-Staking Program in accordance with these Terms and Conditions.

Staking Epoch

the minimum period for which the Tokens must be Staked in order to claim the Rewards. For the avoidance of doubt, in order to receive Rewards, the Participant will have to Stake for at least one full Staking Epoch as of the Effective Date.

Staking Options

means any of the staking programs made available by the Company, each having the conditions detailed in Annex 1 to these Terms and Conditions.

Reward Lock-up Period

means the lock-up period to which the Rewards are subject to, provided in Annex 1 to these Terms and Conditions. During the Reward Lock-up Period You cannot claim the Rewards.

NFT

means blockchain-tracked, non-fungible token from the Humans.ai collection available on Opensea

Special NFT

means the NFTs listed in Annex 2, designated as having up to 100% APR and multiple benefits, available on Opensea. Check the Special NFTs at https://humans.ai/nfts

2. Eligibility

In order to be eligible to participate in the Pre-Staking Program, You must:

a. You are legally permitted under the laws applicable to You to enter into this Agreement and are capable to acquire, receive and hold $Heart Token as described in this Agreement;
b. Be a natural person at least 18 years of age;
c. Comply with all the terms and conditions set forth in these Terms and Conditions;
d. Hold a minimum amount of $HEART Tokens as provided under Annex 1 to these Terms and Conditions.
e. Have an ERC-20 compatible wallet (a "Wallet") with the minimum staking amount of $HEART Tokens necessary for the staking program You opt, as well as the fees associated with staking.

By participating in the Pre-Staking Program, You represent that You have the authority to legally stake Tokens and adhere to the Terms and Conditions.

3. The Pre-Staking Program

3.1. The Company gives the opportunity to Participants to participate in the Staking Options as detailed in Annex 1 to these Terms and Conditions.
3.2. The Participant is entitled to choose one of the Staking Options as detailed in Annex 1 to these Terms and Conditions.
3.3. By participating in the Pre-Staking Program, subject to these Terms and Conditions, You will benefit of the following rights:
(a) to stake a maximum amount of the Tokens (the "Staked Tokens") starting with the Effective Date, as provided in Annex 1 to these Terms and Conditions;
(b) to be granted as Reward an amount of Tokens representing a percentage of the Staked Tokens, as provided in Annex 1 to these Terms and Conditions.
(c) the Staked Tokens are subject to a staking epoch as of the Effective Date ("Staking Epoch"), meaning that the Rewards for that Staking Epoch can be claimed only at the end of the Staking Epoch. For the avoidance of doubt, in order to receive Rewards, the Participant will have to stake for at least one full Staking Epoch. If the Participant has not staked his Tokens for at least one full Staking Epoch as defined ahead, the Participant has no claim to any Rewards at all.
(d) depending on the Staking Option, the Rewards may subject to a Reward Lock-up Period as of the Effective Date as provided in Annex 1 to these Terms and Conditions. During the Reward Lock-up Period the Rewards cannot be claimed by the Participant.
(e) if You hold a Special NFT (not having the Special NFT listed on the market place) You will be able to boost the APR between 50% to 100%.
(f) if You hold an NFT (not having the NFT listed on the market place), You will be able to apply the extra 1 to 5% APR to any of the staking options available in the program.
(g) If You have already applied to one of the Humans.ai Pre-Staking programs available and wish to upgrade your option, You will be able to do so at https://humans.ai/change-staking until 13 March 2022 EOD.
3.4. The Humans Pre-Staking Program is a non-custodial service. Before, during and after the Staking or under any other circumstance arising out of the conclusion of these Terms and Conditions or otherwise, the Company will not become the legal owner and/or custodian of your Staked Tokens, the Rewards and/or the Private Key or otherwise become the owner and/or custodian of any of your (intellectual) properties. You are responsible for maintaining the security of your own accounts/wallets and private keys at all times. The Company will never ask for private keys in any circumstance. The Company will not hold your private keys and will not act as a custodian of your funds. During the Staking Epoch You however will by means of Smart Contract be limited in transferring or disposing of the Staked Token subject to the conditions set out in these terms and conditions.
3.5. You are entitled to withdraw from the Pre-Staking Program. However, by withdrawing from the Pre-Staking Program, You will be entitled to receive only the Rewards claimable up to the date of the withdrawal, in line with Annex 1 to these Terms and Conditions.

4. Undertakings of the Participant. Acknowledgment and Assumption of Risks

By participating to the Pre-Staking Program:

(a) You acknowledge and agree that there are risks associated with staking the Tokens, owning the Tokens, and using the Tokens in connection with Token utility, as disclosed and explained in Annex 3.
(b) You acknowledge and agree that You are responsible for maintaining the security of your accounts and private keys at all time.
(c) You acknowledge and agree that staking may be subject to material underlying risks, such as technical risks due to errors in the smart contract (failure of smart contract, inability to unstake, inability to claim rewards) market risks, slashing risks, blockchain risks and/or other operational risks. You acknowledge that You may not be able to unstake the Staked Tokens due to technical failures and thus not dispose of the Staked Tokens anymore.
(d) You hereby confirm that You have knowledge of blockchain technology, staking, accounts, keys, and details of the utility and functioning of the Tokens and that You have conducted your own thorough investigation of the Pre-Staking Program, Token, and other matters considered in these Terms and Conditions in determining to Stake Tokens.

5. Security

You will implement and be responsible for implementing reasonable measures for securing your Wallet, including any requisite private keys or other credentials necessary to access the Wallet. Notwithstanding any other provision of these Terms and Conditions, the Company or its Service Providers will not be responsible or liable for any damages, losses, costs, penalties, fines or expenses arising out of or relating to
a) your failure to implement reasonable measures to secure your Wallet or the relevant access credentials;
b) the loss of, tampering with, circumventing or unauthorized use of any of the access credentials to your Wallet;
c) any security breach affecting the security of your Wallet, or
d) the loss of Tokens from your Wallet.

6. Representations and Warranties

You represent and warrant that:

a) You have legal capacity under the laws of any applicable jurisdiction;
b) You have a sufficient technical understanding of cryptographic tokens (including Tokens and cryptocurrency), distributed networks, token storage mechanisms (including your Wallet), and blockchain technology in general to understand these Terms and to appreciate the risks and implications of owning Tokens;
c) You have read and understand these Terms and Conditions (including all annexes which form an integral part) and have sufficient capacities of understanding the English language to understand the content of these Terms and Conditions;
d) You have obtained sufficient information about the Tokens to make an informed decision to participate in the Pre-Staking Program; e) You understand, acknowledge and assume the restrictions and risks associated with the holding and use of Tokens as set forth herein, including, but not limited to, the risks explained and disclosed in Annex 3;
f) You understand that the Tokens are intended to be used only in connection with Token Utility, and confer no rights of any form with respect to Company or its corporate affiliates, including, but not limited to, any ownership, voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
g) You are Staking Tokens solely for personal or internal business use in connection with Token Utility and are not staking Tokens for any other purposes, including, but not limited to, any resale, investment, speculative or other financial purposes;
h) You understand and acknowledge that these Terms shall not be construed as the offer or sale of any securities or financial instruments of any kind as defined by MIFID II, and You understand and acknowledge that no actions of, or documentation issued by Company, shall be construed as such;
i) You understand that the Company is not registered with or licensed by any financial regulatory authority in Liechtenstein or elsewhere. Accordingly, no financial regulatory authority has passed upon the contents of these Terms or the merits of purchasing Tokens, nor have these Terms been filed with, or reviewed by any financial regulatory authority;
j) You have obtained sufficient information about the Tokens, the Services & the Ecosystem to make an informed decision to stake the Tokens;
k) all Registration Information You have provided is complete and accurate;
l) You satisfy the eligibility requirements set forth in Section 3;
m) Your Staking of Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to (i) legal capacity and any other applicable legal requirements in your jurisdiction for purchasing Tokens, using Tokens, and entering into contracts with us; (ii) any foreign exchange or regulatory or import/export restrictions applicable to such Staking, and (iii) any governmental or other consents that may need to be obtained;
n) that You are not (i) a citizen or resident of a geographic area in which Staking , holding or use of Tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S., EU, OECD or other applicable sanctions or embargoes, or; (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals List, the U.S. Department of State's Debarred Parties List or other applicable sanctions lists, in particular the EU or OECD-sanction lists. You hereby represent and agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, You will immediately notify Company and cease using the Tokens. You agree that You will not knowingly sell or otherwise transfer Tokens to a party subject to U.S. or other applicable sanctions, in particular the EU or OECD sanctions list;
o) You will not use Tokens or the Humans Ecosystem in connection with any activity that violates applicable laws in any relevant jurisdiction, including, but not limited to, transactions that violate Liechtenstein law, EU MIFID II financial market laws, or U.S. federal or state securities or commodity laws;
p) You will maintain sole and continuous control of your Wallet until the staking program ends, and You will not share or disclose the account credentials associated with your Wallet with any other party and will not act as a proxy for any other person;
q) You will comply with any applicable tax obligations in your jurisdiction arising from your owning of Tokens; and
r) $HEART Tokens are blockchain-based Tokens designed and intended for users of the Humans Ecosystem to (i) to serve as an access tool for a survey mechanism in the first phase ("Community Soundings") (ii) vote on the desired content on the Content-Platform of Humans by means of the Tokens (iii) determine the content development of the entire Content-Platform ("Governance Token"). However, Humans decides on its own at each point in time to what extent and on which topics corresponding Community Soundings are held;
s) Purchase, ownership, receipt or possession of the Tokens carries no rights, express or implied, other than the right to use the Tokens in connection with Token Utility. You understand and accept that the Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to Company and its corporate affiliates, including the governance of Company and any of its corporate affiliates, subject to limitations and conditions in these Terms. The Tokens are not intended to be a digital currency, security, investment contract, commodity interest or underlying for a derivative transaction or a unit of an Alternative Investment Fund ("AIF") or any kind of financial instrument. Therefore, the existing financial market rules, in particular MIFID II, the EU Prospectus Ordinance EU 2017/1229 and the Liechtenstein Prospectus Implementation Act LGBl Nr. 2019.159 (EWR-WPPDG), do not apply. The Tokens also do not constitute e-money pursuant to Act on E-Money ("EGG") and does not constitute a deposit within the meaning of the Liechtenstein Banking Act ("BankG");
t) The Tokens are subject to the rules and regulations of the Liechtenstein Act on Tokens and Token Service providers ("TVTG") LGBl 2019.301.

7. Indemnification

To the fullest extent permitted by applicable law, You will indemnify, defend and hold harmless Humans and our/their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the "Company Parties") from and against all claims, demands, actions, damages, losses, liabilities, costs and expenses (including attorneys' fees) (collectively, "Claims") that arise from or relate to (i) your Staking of Tokens; (ii) your responsibilities or obligations under these Terms; (iii) any breach by You of these Terms; or (iv) any infringement or violation by You of any rights of, or laws or regulations applicable to, any other person or entity.
You agree to promptly notify the Company of any third-party Claims, cooperate with Company in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Company reserves the right to exercise control over the defense or settlement, at your expense, of any Claim subject to indemnification under Section 8a, at Company's sole option. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and Company.

8. Disclaimers

8.1. To the fullest extent permitted by applicable law and except as otherwise specified in a writing by us, Tokens are sold or granted to Participants on an "as is" and "as available" basis without warranties of any kind, and we expressly disclaim all implied warranties as to the Tokens, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
8.2. We do not represent or warrant that the Tokens are reliable, current or error-free, meet your requirements, or that defects in the Tokens will be corrected.
8.3. We cannot and do not represent or warrant that the Tokens or the Delivery mechanism for the Tokens are free of viruses or other harmful components.

9. Limitation of Liability

9.1. In case of claims that are based on intent on Humans' part or its legal representatives, Humans is liable according to the provisions of applicable law.
9.2. In other cases - unless otherwise stipulated in these Terms and Conditions - Humans and its service providers shall be liable only in the event of grossly negligent breach of principal contractual duties, for predictable, typically occurring damages. A principal contractual obligation is an obligation the fulfilment of which is essential for proper execution of the contract, the breach of which jeopardizes reaching the contractual object and on observance of which the other party to the contract may duly rely.
9.3. The limitations pursuant to the preceding Clauses also apply to the Humans' and its service providers' legal representatives and assistants if claims are asserted directly against them.
9.5. In all other cases, Humans' and its Service Providers' liability is excluded. The liability is explicitly excluded in case You would for any technical reason such as errors in the Smart Contract be unable to unstake the Staked Tokens and temporarily or permanently be unable to be able to freely dispose of the Staked Token again.
9.6. The overall liability for damages and lost profit in any event is limited to and does not exceed the amount of Staking Rewards earned.

10. Use of Data

10.1 Humans collects and stores the Participant's data necessary for the implementation of the Pre-Staking Program. When processing personal data, Humans complies with the applicable statutory provisions.
10.2 All data of the participants collected for the Pre-Staking Program will be stored and used for future projects. You give the irrevocable consent to use and process the personal data and in particular forward it to affiliated companies or third party-service providers.
10.3. You give the irrevocable consent to use and process the personal data and in particular forward it to affiliated companies, service providers and/or other third parties. In particular, You understand and agree that your data are used, stored and processed by Humans and them.

11. Disruption Event

In the event of a Disruption Event (as defined below), Humans has the right to suspend the Pre-Staking Program. If we elect to suspend the Pre-Staking Program, we will publicly announce the suspension as soon as reasonably practicable and, prior to resuming the Pre-Staking Program, we will announce the resumption at least four hours in advance. If we suspend the Pre-Staking Program for a period of time (the "Suspension Period") pursuant to this Section 12, we will determine in our sole discretion whether to
(i) nevertheless end the Pre-Staking Program or
(ii) extend the Pre-Staking Program for a period equal to the Suspension Period. We will provide notice of our election in this regard in the public announcements of the resumption of the Pre-Staking Program following the Suspension Period.

A "Disruption Event" means
(i) any event or occurrence that causes a disruption in the functionality of the Humans Pre-Staking Platform, and such disruption has an adverse effect on the processing time for Pre-Staking related transactions,
(ii) any event or occurrence that causes a disruption in the functionality of the smart contracts or other software used in connection with the Pre-Staking Program and such disruption has an adverse effect on the implementation of the Pre-Staking Program, or
(iii) any compromise of security that has or in our sole good faith determination may have an adverse impact on the the Staking of $HEART Tokens.

12. Rejected and/or Unsuccessful participation attempts in the Pre-Staking program

In the event of a rejected and/or unsuccessful participation attempt in the Pre-Staking program, You will be charged a gas fee in connection with processing the application through Ethereum network. The gas fee will be borne exclusively by the Participant and Humans cannot be held liable for the payment or reimbursement of such fees related to the Pre-Staking application processing.
Neither Humans nor the Service Providers are responsible for any unsuccessful attempt You may make to participate in the Pre-Staking program, regardless of cause.

13. Modification of Terms

The Company reserves the right to modify these Terms and Conditions if the Company reasonably believe that such modifications are necessary to comply with applicable laws or regulations or to address technical or factual inaccuracies. If the Company make changes, we will post the amended Terms and Conditions on Human's website (https://humans.ai/pre-staking-program-terms-and-conditions ) and update the "Last Updated" date above. The Company may also provide notice to You via email to the email address You provided during Registration for the Pre-Staking Program. The amended Terms shall be effective immediately, and your continued participation in the Pre-Staking Program shall constitute your acceptance of the modified Terms and Conditions.

14. Miscellaneous

14.1. These Terms and Conditions constitute the entire agreement between You and the Company relating to your participation in the Pre-Staking Program. The Company's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The Company will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. The Company may assign its rights and obligations under these Terms. Purchasing Tokens from us does not create any form of partnership, joint venture or any other similar relationship between You and the Company. Except as otherwise provided in herein, these Terms are intended solely for the benefit of You and the Company and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that the Company provide to You, including these Terms, may be provided in electronic form.
14.2. In case one or more of the provisions contained in these Terms and Conditions including its Annexes shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and Conditions including its Annexes or the Terms and Conditions including its Annexes as a whole. The invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that in legal and economic terms comes closest to what the Parties would have intended if they had been aware of the invalidity, illegality or unenforceability of such provision.

15. Governing Law

15.1. The Terms and Conditions shall be governed by the laws of the Principality of Liechtenstein without giving effect to the principles of conflict of laws thereof. If any provision of these Terms and Conditions is held illegal or unenforceable, such provision shall be deemed separable from the remaining provisions of these Terms and Conditions and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms and Conditions.
15.2. You irrevocably and unconditionally (i) submit to the exclusive jurisdiction of the Princely Liechtenstein District Court and any appellate court from any such court, solely for the purpose of any action, suit or proceeding brought to enforce its obligations under these Terms and Conditions or relating in any way to the Terms and Conditions or the Pre-Staking Program, (ii) agree that venue shall like exclusively in such courts, and (iii) waive, to the fullest extent it may effectively do so, any defense of an inconvenient forum to the maintenance of such action or proceeding in any such court and any right of jurisdiction on account of its place of residence or domicile.




Annex 1
List of Staking Programs



No.

Staking Option

Minimum amount of Staked Tokens

Staking epoch

Reward* (APR Basis)

Lock-up period

Claimable Reward date

Other benefits

1.

Flexible Staking

1,000 $HEART

7 (seven) calendar days x 24H

30%

No

After Staking epoch

No

2.

Fixed Staking with Unlocked Rewards 1

1,000 $HEART

7 (seven) calendar days x 24H

30%

4 (four) Staking Epochs (28 calendar days)

After Staking epoch

Participation in "HEART for HEART" lottery

3.

Fixed Staking with Unlocked Rewards 2

1,000 $HEART

7 (seven) calendar days x 24H

30%

12 (twelve) Staking Epochs (84 calendar days)

After Staking epoch

Participation in "HEART for HEART" lottery

4.

Fixed Staking with Locked Rewards 1

1,000 $HEART

7 (seven) calendar days x 24H

35%

4 (four) Staking Epochs (28 calendar days)

After Lock-up Period

Participation in "HEART for HEART" lottery
and
Participation in the "AI NFT" lottery

5.

Fixed Staking with Locked Rewards 2

1,000 $HEART

7 (seven) calendar days x 24H

35%

12 (twelve) Staking Epochs (84 calendar days)

After Lock-up Period

Participation in "HEART for HEART" lottery
and
Participation in the "AI NFT" lottery

6.

1 year Fixed / Unlocked Pre-Staking

1,000 $HEART

7 (seven) calendar days x 24H

40%

52(fifty two) Staking Epochs (364 calendar days)

After Staking epoch

Participation in "HEART for HEART" lottery and Participation in the "AI NFT" lottery

7.

1 year Fixed / Locked Pre-Staking

1,000 $HEART

7 (seven) calendar days x 24H

45%

52(fifty two) Staking Epochs (364 calendar days)

After Lock-up Period

Participation in "HEART for HEART" lottery and Participation in the "AI NFT" lottery




ANNEX 2
List of Special NFTs



Name

Rewards boost
(APR Basis)

Number of Special NFTs

The special one

Up to 100% for max 10M $HEART tokens staked

1 (one)

The Titans Stake NFTs

Up to 75% APR for max 10M $HEART tokens staked

10 (ten)

The Boosters Stake NFTs

Up to 75% APR for max 5M $HEART tokens staked

25 (twenty-five)

The Guardians Stake NFTs

Up to 50% APR for max 5M $HEART tokens staked

50 (fifty)

The Agile Stake NFTs

Up to 50% APR for max 1M $HEART tokens staked

100 (one hundred)

**If a Participant lists or transfers his Special NFT, Rewards boost will stop being generated, being entitled only to the Rewards corresponding to the Staking Program. If a Participant holding a Special NFT transfer/lists his Special NFT and then transfers it back to the same wallet, the Participant will need to stake re-stake his Tokens again in the special card on our Staking dashboard in order to be eligible for claiming Rewards boost from the Staking Epoch and Rewards boost will start being accumulated beginning from the new Effective Date.




ANNEX 3
Certain Risks Relating to Staking of the $HEART Tokens



You should consider carefully the risks described below, among others, together with all of the other information contained in this document and the Company's Whitepaper before participating in the Staking. The following discussion is not an exhaustive list of the risks associated with the Staking of $HEART Tokens and does not necessarily reflect the relative importance of the various risks.
Important Note Accordingly, none of the information presented in this Annex 3 is intended to form the basis for any decision to Staking Tokens, and no specific recommendations are intended. Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this Annex 3, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting from such information.
Annex 3 contains a list of the risks Humans is aware of in connection with the Staking of $HEART Tokens. Please note that further unknown and unforeseeable risks cannot be ruled out. Risks and uncertainties that are currently unknown to Humans could have a material adverse effect on Human's envisaged business model and business operations as well as on the Token and have a detrimental effect on Humans. Humans does not accept any liability for damages caused by any risks, which are laid out below or are unknown to Humans or could not have been justifiably foreseen by Humans.
The Participant should carefully read and consider the following risk factors. The occurrence of individual or the cumulative interaction of various risk factors may have significant adverse effects on the envisaged business model, business operations and Tokens. The Participant is aware of the early and dynamic nature of blockchain technology and the risk of failure created by this.
The following presentation of risk factors does not replace the necessary expert advice by a suitable advisor of the Participant's choice. The order in which the following risks are listed does not indicate the probability of their occurrence and/or the extent of the potential (economic) effects. At the same time, the selection and content of the risk factors are based on assumptions that could subsequently prove to be incorrect.
BY STAKING $HEART TOKENS, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THE FOLLOWING RISK FACTORS:
General risks:

A. Successful deployment of the Ecosystem
Humans is committed to the successful implementation of the Ecosystem. However, there is a risk that Humans is unable to successfully deploy the Ecosystem and create the Tokens for financial, technical, regulatory or other reasons. The project is still at a very early stage and its completion may be prevented by a number of factors such as lack of funding or, if implemented, for lack of success

B. Key Personnel
There is a risk that key team members of Humans, whose know-how and experience are essential to a successful development and deployment of the Ecosystem, leave Humans thereby compromising the success of the project.

C. Regulatory risk
The national and international legal and regulatory framework applying to blockchain and distributed ledger technology in general as well as to related applications is not yet completely determined and remains subject to change. Therefore, it is possible that the interpretation and application of existing laws and regulations may be construed, amended or adapted in a way, which may affect Human's business model and/or the contract concluded with the Participant. Blockchain and distributed ledger technology and related applications could also be the subject of legislative initiatives at national and international level, like e.g. the current proposal of a Market in Crypto Assets regulation by the European Commission. Changes to the legal or regulatory framework, such as the extension of licensing, prospectus and other obligations as well as prohibitions, could adversely affect the intended business model. This includes in particular the risk that the Tokens cannot be used or can no longer be used for its intended purpose due to changes in the legal or regulatory framework and may become unusable under certain circumstances. Further, participation in the Staking of $HEART Token by persons prohibited or restricted in participating cannot be effectively prevented by Humans applying reasonable measures. This creates a potential risk of claims against Humans. There is a risk that in some jurisdictions the Tokens may be considered illegal or regulated by special legislation or that in the future the Tokens are considered illegal or subject to the regulation of special legislation. Humans does not guarantee that the Tokens are legal in all jurisdictions. The Participant solely bears all legal or financial consequences if the Tokens are considered a security or deemed illegal in the Participant's respective jurisdiction. The Participant is obliged to verify whether the Staking of the Tokens is legal in their jurisdiction, and by accepting the provisions of this Agreement, the Participant agrees not to use the Tokens for Staking in case their use is considered not legal.
Additional, changes in the legal treatment of the Tokens could adversely affect the envisaged business model for the Ecosystem, therefore making it unviable.
Humans refers to the warnings issued by financial regulators regarding the acquisition and staking of tokens. In particular, Humans refers to the warnings published by the Liechtenstein Financial Market Authority ("FMA") and the European Securities and Markets Authority ("ESMA").

D. Tax risks
You must seek your own tax advice and evaluate tax consequences in connection with Staking of the Tokens and receiving rewards from Staking $HEART Token, which may result in adverse tax consequences to You, including withholding taxes, income taxes and tax reporting requirements.

E. Understanding of the $HEART Tokens
Participation in the Staking of $HEART Token requires that You have a general sufficient understanding of the Token and Token Utility and the functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptographic tokens in general, token storage mechanisms (such as token wallets), blockchain and distributed ledger technology, and blockchain-based and decentralized software systems and in particular advanced knowledge regarding the Staking of Token to understand these Terms and to appreciate the risks and implications relating to the Tokens and the Staking. No promises of future performance or value are or will be made with respect to the Tokens, including no promise of inherent value, no promise of payments, and no guarantee that the Tokens will hold any particular value.

Risks Associated with blockchain technology and the Staking

a. Smart Contract
Despite all efforts of Humans to provide for a secure and functioning Smart Contract Solution there is a risk that any smart contract used for the Staking of the Tokens contains security gaps, errors or dysfunctionalities which may adversely affect the use of the Tokens in any kind, in particular the staking of the Token and there contains the risk that Participants can no longer unstake their tokens or there are errors in the release of staking rewards. This may lead to a temporary or permanent loss of the ability to dispose of the Token and entire loss of the assets and values associated with the Token. You are therefore participating at your own risk in the Staking Program and consent to this potential risk.

b. Private keys, Transfer of the Rewards and smart contract control
A wallet and the tokens it contain can only be accessed using the private key assigned to the wallet or a respective smart contract controlling the wallet. You are responsible for safeguarding and maintaining your wallet, private keys, any Staked Token, associated therewith, as well as for the protection of the private key and the wallet against unauthorized access by third parties. Loss of the private keys can lead to irretrievable loss of the Staked Tokens. Humans recommends to seek professional advice on the safe management of private keys.

c. Ethereum Blockchain
The Tokens are based on Ethereum Blockchain. Thus, a malfunction, unintended function, or unforeseen operation of the Ethereum Blockchain may cause the Tokens to become defective or function unexpectedly or unintentionally. More information about Ethereum can be found at https://ethereum.org/en/

d. Risks of Theft and Hacking
Hackers or other groups or organizations may attempt to interfere with the smart contract on which the Staked Tokens and the rewards are located, including but not limited to denial of service attacks, Sybil attacks, spoofing, smurfing, malicious attacks or consensus-based attacks, which may result, e.g., in Tokens being stolen or inaccessible without change of recovery. Blockchains are exposed to mining attacks which may put the smart contract at risk. An attack or a breach of security could result in a loss of private keys, data or Tokens, unauthorized transactions, an interruption of the Humans Ecosystem for an extended period of time, violation of applicable privacy and other laws, and legal and financial exposure. There can be no assurance that the security measures will be effective.

e. Risk of Uninsured Losses.
The Staked Tokens and the Rewards are uninsured unless You specifically obtain private insurance to insure them. Thus, in the event of loss of Tokens or loss of utility value, there is no public insurer, or private insurance arranged by us, to offer recourse to You.

f. Risk of Security Vulnerabilities in the Source Code of the Tokens or any Associated Software and / or Infrastructure
The Humans Ecosystem is an early stage that interacts with the Ethereum Protocol. The Ethereum Protocol is a technology and there can be no assurance that such technology will be free of viruses, bugs or other harmful components or operate as intended. There is a risk that the Tokens may unintentionally contain flaws or bugs in its source code that affect the use of Tokens or cause the loss of a Token

g. Staking Rewards Can Fluctuate
Staking rewards are not guaranteed in any cases as it depends on the number of participants in the pool and the number of Staked Token. This presents a risk to the Participant as the estimated staking rewards can fluctuate from the moment the are staked to Humans.

h. Slashing
Certain events may cause your Tokens to be subject to a "slashing penalty", non-payment of staking rewards or other measures. Such measures may be imposed as a result of your acts or omissions, the acts of a hacker or other malicious actor or a force majeure event.

i. Unanticipated Risks.
Cryptographic blockchain tokens such as the Tokens are a new and untested technology. In addition to the risks included in this Annex 3, there are other risks associated with your Staking of the $HEART Tokens, including those that the Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex 3.