Terms of Use

Last Updated: 18/10/2024

These Terms set out the agreement between Us/We/Our, i.e., Voltura Energy S.L. ("Voltura Energy"), and You/Your, i.e., the owner for the time being, or any prospective owner, of one or more of our Voltura Tokens (VLTRA).

What These Terms Cover

These Terms set out the entire terms on which our VLTRA Tokens may be purchased (whether directly from us or otherwise), owned, and sold. All policies are deemed to be incorporated into these Terms. Where there is a conflict between these Terms and a policy, these Terms will prevail.

These Terms apply to you in respect of your purchase, ownership, and sale of any VLTRA Token. If you do not agree with these Terms, you should not seek to purchase, own, or sell (and should take no further action in respect of) our VLTRA Tokens. Please take all necessary legal, financial, and technical advice before proceeding.

Please note that nothing in these Terms (and nothing related or connected in any other manner with any VLTRA Token) amounts to legal, financial, or technical advice, a solicitation or invitation to invest, or an offer or invitation in respect of shares or securities in any jurisdiction.

Given the permanent nature of any transfer of a VLTRA Token, it may not be possible for you to enjoy the full benefit of any applicable consumer rights. Please note that we may change these Terms in our sole discretion at any time, as set out below.

VLTRA Tokens

Details of VLTRA Tokens currently available to be received as a reward or for purchase from us can be found on .

Our VLTRA Tokens are built on the Avalanche (C-Chain) blockchain using smart contracts. You will need a compatible digital wallet in order to buy, own, and sell VLTRA Tokens. Each VLTRA Token comprises a unit of exchange within the Voltura Energy ecosystem, facilitating transactions such as energy credits exchange, rewards, and access to services.

VLTRA Tokens can only be redeemed within the Voltura Energy platform—they are not intended for resale outside our platform. If you are not purchasing a VLTRA Token directly from us, please verify the valid smart contract address.

There are risks associated with using blockchain networks. You accept and acknowledge that we will not be responsible for any:

Communication Failures: Disruptions, errors, distortions, or delays you may experience, nor for any upgrades, hard forks, soft forks, or other operational issues.
Regulatory Actions: Inquiries or actions by any relevant authority which might impede or restrict your and/or our ability to buy, own, or sell VLTRA Tokens.
Technological Risks: Advances in cryptography and/or decryption technologies which may present risks to the operation or security of assets secured on blockchains.
Third-Party Actions: Actions of third parties, whether malicious or not, which result in the destruction, degradation, theft, or loss of any VLTRA Token or other digital asset.

Price

The price of each VLTRA Token is set by the current owner (which may not be us) in the applicable cryptocurrency.

Cryptocurrency exchange rates with respect to other currencies (fiat or crypto) may vary considerably from time to time. Additionally, gas fees, other transaction fees, and taxes may significantly alter the total cost to you of a VLTRA Token. Consequently, it is possible to pay more for a VLTRA Token than the equivalent value of the services or goods it may be used for, and to sell a VLTRA Token for less than you paid for it. Each purchase or sale of a VLTRA Token therefore carries a high risk of loss and should not be considered an investment. You should not proceed with any purchase, ownership, or sale of a VLTRA Token unless you are comfortable with this.

We reserve the right to change, modify, or increase the price of any VLTRA Token at any time. You are responsible for monitoring any changes in price before purchasing a VLTRA Token. You are also responsible for all gas fees, other transaction fees, and taxes associated with your purchase, ownership, and sale of a VLTRA Token, and you must ensure you have sufficient funds in your digital wallet.

You are responsible for calculating and paying any taxes applicable to your purchase, ownership, and sale of a VLTRA Token and for communicating and cooperating with all appropriate tax authorities. Where we are required to collect, withhold, or remit any applicable taxes, you will pay us as a debt on demand all costs incurred by us (including all taxes, penalties, and interest) levied by any competent tax authority, including where this is due to your failure to pay any such taxes, penalties, or interest.

Owning a VLTRA Token

In order for you to purchase, own, and sell VLTRA Tokens, the following must be true at all times:

Legal Capacity: You are a natural person with full legal capacity, aged 18 or older.
Knowledge and Understanding: You have sufficient knowledge of digital currencies.
Legal Compliance: You are not legally prohibited from purchasing, owning, or selling VLTRA Tokens.
Digital Wallet: You have a compatible digital wallet with an adequately strong password.
Accurate Information: You will provide us with (and update as necessary) all necessary accurate, current, and complete information about yourself.
Verification: You authorize us to make all necessary inquiries (directly and through third parties) to successfully verify your identity (including “Know Your Customer” – KYC checks) and carry out anti-fraud and anti-money-laundering checks.

Prohibited Activities

You must not purchase, own, or sell VLTRA Tokens for any of the following purposes, and you must not do (or permit any third party to do) any of the following at any time in connection with VLTRA Tokens:

Speculative Investment: Engaging in speculative investment.
Illegal Activity: Conducting or engaging in illegal activity.
Fraudulent Activity: Engaging in deceptive, fraudulent, or malicious activity.
Reverse Engineering: Reverse-engineering VLTRA Tokens or our Website.
Unauthorized Use: Using the VLTRA Token to advertise, market, or sell any third-party product or service.
Circumvention: Wrapping a VLTRA Token or any associated smart contract for resale on a different blockchain, or otherwise attempting to circumvent or avoid the original secondary sale royalties associated with a VLTRA Token.
Unauthorized Use: Using the VLTRA Token to advertise, market, or sell any third-party product or service.
Commercialization: Commercializing the VLTRA Token in any way or otherwise using the token except as expressly permitted in these Terms.
Intellectual Property Infringement: Infringing our intellectual property rights or the intellectual property rights of any third party.
Trademark Claims: Claiming intellectual property rights in or to any content associated with the VLTRA Token (including applying to register our logo as a trademark).
Reputation Damage: Using our logo or branding in any way that might reasonably be deemed to jeopardize our reputation, standing, or goodwill, or the rights of third parties.
Breach of Terms: Breaching these Terms in any manner.

Additional Obligations

We reserve the right in our sole discretion to refuse any request to purchase any VLTRA Token from us.
You accept all risks associated with purchasing, owning, and selling VLTRA Tokens, including arranging any appropriate insurance.
We will not be responsible for any aspect of the security of (nor for any unauthorized access or use of) your digital wallet or any VLTRA Token owned by you.
You are responsible for maintaining the security and compatibility of your digital wallet and will not allow any third party to access or use your digital wallet.

You may sell a VLTRA Token to a third party but only as part of a sale of the whole of that VLTRA Token together with all your rights in it. You must make any purchaser aware of these Terms, and that their ownership of the VLTRA Token will be subject to these Terms.

Digital Goods

Subject to your continued compliance with these Terms, we may offer to redeem a specific amount of VLTRA Tokens for digital content or services, including but not limited to energy credits, rewards, or access to certain features within the Voltura Energy platform. We grant you a worldwide, non-exclusive, royalty-free license to use, copy, and display any digital content you receive from us, solely:

Personal Use: For your own personal, non-commercial use.
Marketplace Use: As part of a marketplace that permits the purchase and sale of tokens, provided that the marketplace cryptographically verifies your rights to display the content.

This license applies to you in respect of any digital content only while you continue to own the associated VLTRA Token. If at any time you sell or otherwise transfer or dispose of a VLTRA Token to a third party:

Expiration of Rights: Your rights will immediately expire in respect of that VLTRA Token and you will have no further rights in or to any associated digital content.
Transfer of Rights: You must transfer all your rights in the VLTRA Token to that third party and make the third party aware of these Terms, and that their ownership of the VLTRA Token will be subject to these Terms.

Termination

If you are at any time in breach of any of these Terms, we can immediately terminate our relationship with you, including revoking your access to our services and, where applicable, burning your VLTRA Token balance. In such circumstances, our accrued rights and liabilities up to that date will not be affected, and we will not be obliged to refund any money already paid, nor to take any action to complete any transaction or any sale or purchase of a VLTRA Token.

Due to the nature of blockchain tokens, any transaction made in respect of a VLTRA Token is permanently recorded. However, we will use our reasonable efforts to provide a refund where:

You have purchased the VLTRA Token directly from us.
You have not used that VLTRA Token in breach of these Terms.
You have not redeemed it, and it remains in your wallet balance
You notify us of your intention to cancel the contract within 14 days of your purchase of a VLTRA Token from us.
You transfer the VLTRA Token back to us within 14 days.
You permanently delete all data, files, copies, and other information in your possession or control which is associated with the VLTRA Token and certify to us in writing that you have done this.

Where you have purchased a VLTRA Token from a third party other than us, your consumer and other rights will depend on the pertaining circumstances and should be discussed with that third party.

Intellectual Property

We (or our licensors) own all intellectual property rights in our VLTRA Tokens and associated content. You may not infringe any of these intellectual property rights (including by reproducing, performing, displaying, distributing, copying, reverse-engineering, decompiling, disassembling, or preparing derivative works from any VLTRA Token). Except for the rights granted to you as part of any redeemed digital content, we expressly reserve all rights in and to each VLTRA Token and any associated content.

Our VLTRA Tokens confer no governance rights of any kind with respect to us or our Website, and we may make all decisions involving us, our business, the VLTRA Tokens, and/or our Website in our sole discretion (including decisions which may adversely affect VLTRA Tokens). To the fullest extent possible in accordance with applicable laws (but specifically without affecting your consumer rights), we exclude all warranties regarding VLTRA Tokens.

Third-Party Sites

We are not responsible for any third-party website you may use or access in connection with your purchase, ownership, or sale of a VLTRA Token. We do not make any warranties or representations regarding the quality, accuracy, merchantability, or fitness for purpose of any material on any third-party websites, whether or not linked to from our Website. You understand and agree that your use of any third-party website is subject to the terms of use of that website, which you should review and clarify as necessary. We will not be responsible for the acts or omissions of any third party, nor will we be responsible for any damage or loss suffered or caused as a result of your use of any third-party website.

Privacy

Our Privacy Policy sets out how we handle personal information, including details of individuals’ legal rights in respect of their personal information.

Liability and Indemnity

You agree to indemnify, defend, and hold harmless Voltura Energy and our directors, officers, agents, employees, advertisers, licensors, suppliers, and partners from and against any direct, indirect, or consequential claim, liability, loss, expenses, damage, suit, judgment, litigation cost, and/or legal fees (calculated on a full indemnity basis) arising out of or in any way related to:

Your breach of these Terms.
Unauthorized Use: Your misuse or unauthorized purchase of any VLTRA Tokens.
Legal Violations: Your violation of any applicable laws, rules, or regulations in respect of any VLTRA Tokens.
Infringement: Your infringement of any of our rights or the rights of any third party (including intellectual property rights, rights of publicity, rights of privacy, and rights in respect of defamation) in connection with any VLTRA Token.

To the maximum extent permitted by law, we (and our directors, officers, agents, employees, advertisers, licensors, suppliers, and partners) will not be liable to you, whether in contract, tort (including negligence), under statute, or otherwise at law or in equity, for any business losses (including loss of data, profits, revenue, business, opportunities, goodwill, or reputation), business interruption, or other losses which are not reasonably foreseeable by us, or any expenses, fines, or penalties, which arise, directly or indirectly, from:

Token Transactions: Your purchase, ownership, or sale (or your inability to purchase, own, or sell) a VLTRA Token.
Use of Token: Your use of (or your inability to use) all or any element of a VLTRA Token.
Third-Party Websites: Your use of (or your inability to use) any third-party website.
Blockchain Risks: Your use of smart contracts or the blockchain network.
Legal Compliance: Your breach of any of these Terms or any current or future law or regulation relating to the purchase, ownership, or sale of VLTRA Tokens.
Technical Issues: Any delay or disruption relating to or caused by your internet connection.
Security Risks: Viruses or other malware, or any bugs, errors, or inaccuracies of any kind in any VLTRA Token and/or our website.
Property Damage: Any damage to your hardware or other physical property resulting from your purchase, use, or sale of any VLTRA Tokens.
Unauthorized Access: Any unauthorized access or activity by third parties.
Changes to Terms: Any need to modify your practices, content, or behavior (or your inability to do so) as a result of changes to these Terms.

If, notwithstanding the previous paragraph, we are found to be liable to you in respect of any such matter, our liability to you or to any third party will be limited to the total price for which we originally sold the VLTRA Token in question. Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot be limited or excluded by law.

Definitions

VLTRA Token: Any blockchain-tracked digital token created and minted by us as part of the Voltura Energy ecosystem.
Owner: In respect of a VLTRA Token, (initially) us and (subsequently) any party that has purchased or otherwise rightfully acquired that VLTRA Token directly or indirectly from us, where proof of such purchase is recorded on the relevant blockchain, and Own/Owned shall be construed accordingly.
Policies: Any relevant policy published from time to time on our Website, including: o Our Privacy Policy which governs how we may process personal information.
Terms: These terms and conditions, incorporating any Policies.

Miscellaneous

We may amend these Terms by updating them on our Website. You should review these Terms from time to time and make yourself aware of any changes. Where we make changes that affect your rights and you have provided us with your email address, we will notify you about the changes.

Each of you and us must promptly do all further acts and execute and deliver all further documents, certificates, and instruments required by law or reasonably requested by the other to give full effect to these Terms and any dealings under them.

You and we are each acting on our own respective behalf and not for the benefit of any other person. Nothing in these Terms will, or will be deemed to:

No Partnership: Establish any partnership or joint venture between you and us.
No Agency: Constitute either you or us the partner, employee, servant, or agent of the other.
No Authority: Authorize either you or us to make any commitment on behalf of the other for any purposes whatsoever.

These Terms comprise the whole of the agreement between you and us in relation to their subject matter. No further or other covenants exist or are implied between you and us by way of collateral or other agreement or by reason of any alleged promise, representation, warranty, or undertaking previously given or made by you or us to the other.

We may assign or subcontract our rights and obligations under these Terms without your prior written consent, provided that we do so on terms that are no less advantageous to you. You must not assign your rights and obligations under these Terms except as part of a permitted sale of a VLTRA Token to a third party.

Neither you nor we will have any liability for any delays or failures in performance of these Terms resulting from circumstances beyond our respective reasonable control.

Except as expressly stated otherwise in these Terms, all rights under these Terms are cumulative and are in addition to any other rights. No single or partial non-exercise or delay in exercise of a right relating to these Terms will prevent any other exercise of that right or the exercise of any other right.

Each provision of these Terms operates separately. If any provision is held to be illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the remainder.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Any words following “including” or “include” or any similar expression shall be construed as illustrative and shall not limit the sense of any preceding words.

The laws of Spain will govern (and the courts of Las Palmas, Spain, will have exclusive jurisdiction over) these Terms, the VLTRA Tokens (including your ownership of any VLTRA Token), and all dealings involving either or both of you and us in respect of VLTRA Tokens.

For any legal inquiries and/or requests, please contact us by email: legal@volturaenergy.io

We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint or response to your requests, you may contact us at legal@volturaenergy.io.

Contact Us

For any legal inquiries, please contact us by email: legal@volturaenergy.io