Legal disclaimer

LIMITATIONS OF USE & RESPONSIBILITY WHEN PARTICIPATING IN EPH

PLEASE READ THE ENTIRETY OF THIS "LEGAL DISCLAIMER" SECTION CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER EPHAI COMPANY (THE COMPANY), ANY OF THE PROJECT TEAM MEMBERS (THE EPHAI TEAM) WHO HAVE WORKED ON EPHAI (AS DEFINED HEREIN) OR PROJECT TO DEVELOP EPHAI IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR/VENDOR OF EPH TOKENS (THE DISTRIBUTOR), NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THIS WHITEPAPER, THE WEBSITE AT HTTPS://EPHAI.IO/ (THE WEBSITE) OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED BY THE COMPANY.

1. Project purpose

You agree that you are acquiring EPH to participate in EPHAI and to obtain services on the ecosystem thereon. The Company, the Distributor and their respective affiliates would develop and contribute to the underlying source code for EPHAI. The Company is acting solely as an arms’ length third party in relation to the EPH distribution, and not in the capacity as a financial advisor or fiduciary of any person with regard to the distribution of EPH.

2. Nature of the whitepaper

The Whitepaper and the Website are intended for general informational purposes only and do not constitute a prospectus, an offer document, an offer of securities, a solicitation for investment, or any offer to sell any product, item, or asset (whether digital or otherwise). The information herein may not be exhaustive and does not imply any element of a contractual relationship. There is no assurance as to the accuracy or completeness of such information and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information. Where the Whitepaper or the Website includes information that has been obtained from third party sources, the Company, the Distributor, their respective affiliates and/or the EPHAI team have not independently verified the accuracy or completeness of such information. Further, you acknowledge that circumstances may change and that the Whitepaper or the Website may become outdated as a result; and neither the Company nor the Distributor is under any obligation to update or correct this document in connection therewith.

3. User and Investor Responsibility

The use of and investment in the EPH system is entirely at the discretion of users and investors based on their own research and evaluation. The project does not offer any invitation, solicitation, or guarantee of returns. Participation is a personal decision that should be made with full awareness of the associated risks. The project assumes no responsibility for any losses, financial damages, or legal consequences that users may experience when engaging with the system. Blockchain technology and crypto-related applications are still experimental and inherently high-risk due to market volatility and the evolving nature of operational models, none of which have been proven to be effective. Furthermore, blockchain and crypto technologies are highly susceptible to attacks, hacking, and potential asset loss, which users must consider before making any financial or technological commitments.

4. Restricted Jurisdictions

Due to unclear or restrictive legal frameworks in certain regions, EPH is not available to users from the following countries and territories:

• United States

• China

• European Union member states

• Southeast Asia (including but not limited to Vietnam, Indonesia, Thailand, Malaysia, and the Philippines)

• Other jurisdictions where crypto-related activities are restricted or require special regulatory approvals

Users from restricted jurisdictions must not attempt to access, use, or invest in the system. Any violation of these restrictions is solely the responsibility of the individual, and the project bears no liability for any legal or financial consequences arising from such actions.

5. Token Documentation

Nothing in the Whitepaper or the Website constitutes any offer by the Company, the Distributor, or the EPHAI team to sell any EPH (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Whitepaper or the Website is or may be relied upon as a promise, representation or undertaking as to the future performance of EPHAI. The agreement between the Distributor (or any third party) and you, in relation to any distribution or transfer of EPH, is to be governed only by the separate terms and conditions of such agreement.

The information set out in the Whitepaper and the Website is for community discussion only and is not legally binding. No person is bound to enter into any contract or binding legal commitment in relation to the acquisition of EPH, and no digital asset or other form of payment is to be accepted on the basis of the Whitepaper or the Website. The agreement for distribution of EPH and/or continued holding of EPH shall be governed by a separate set of Terms and Conditions or Token Distribution Agreement (as the case may be) setting out the terms of such distribution and/or continued holding of EPH (the Terms and Conditions), which shall be separately provided to you or made available on the Website. The Terms and Conditions must be read together with the Whitepaper. In the event of any inconsistencies between the Terms and Conditions and the Whitepaper or the Website, the Terms and Conditions shall prevail.

6. Deemed Representations and Warranties

By accessing the Whitepaper or the Website (or any part thereof), you shall be deemed to represent and warrant to the Company, the Distributor, their respective affiliates, and the EPHAI team as follows:

(a) in any decision to acquire any EPH, you have shall not rely on any statement set out in the Whitepaper or the Website;

(b) you will and shall at your own expense ensure compliance with all laws, regulatory requirements and restrictions applicable to you (as the case may be);

(c) you acknowledge, understand and agree that EPH may have no value, there is no guarantee or representation of value or liquidity for EPH, and EPH is not an investment product nor is it intended for any speculative investment whatsoever;

(d) none of the Company, the Distributor, their respective affiliates, and/or the EPHAI team members shall be responsible for or liable for the value of EPH, the transferability and/or liquidity of EPH and/or the availability of any market for EPH through third parties or otherwise; and

(e) you acknowledge, understand and agree that you are not eligible to participate in the distribution of EPH if you are a citizen, national, resident (tax or otherwise), domiciliary and/or green card holder of a geographic area or country (i) where it is likely that the distribution of EPH would be construed as the sale of a security (howsoever named), financial service or investment product and/or (ii) where participation in token distributions is prohibited by applicable law, decree, regulation, treaty, or administrative act (including without limitation the United States of America, Canada, and the People's Republic of China); and to this effect you agree to provide all such identity verification document when requested in order for the relevant checks to be carried out.

The Company, the Distributor and the EPHAI team do not and do not purport to make, and hereby disclaims, all representations, warranties or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness, or reliability of the contents of the Whitepaper or the Website, or any other materials published by the Company or the Distributor). To the maximum extent permitted by law, the Company, the Distributor, their respective affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Whitepaper or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective acquirors of EPH should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the distribution of EPH, the Company, the Distributor and the EPHAI team.

7. EPH Token

EPH are designed to be utilised, and that is the goal of the EPH distribution. In particular, it is highlighted that EPH:

(a) does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value);

(b) is non-refundable and cannot be exchanged for cash (or its equivalent value in any other digital asset) or any payment obligation by the Company, the Distributor or any of their respective affiliates;

(c) does not represent or confer on the token holder any right of any form with respect to the Company, the Distributor (or any of their respective affiliates), or its revenues or assets, including without limitation any right to receive future dividends, revenue, shares, ownership right or stake, share or security, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property or licence rights), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director, or other financial or legal rights or equivalent rights, or intellectual property rights or any other form of participation in or relating to EPHAI, the Company, the Distributor and/or their service providers;

(d) is not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;

(e) is not intended to be a representation of money (including electronic money), security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment;

(f) is not a loan to the Company, the Distributor or any of their respective affiliates, is not intended to represent a debt owed by the Company, the Distributor or any of their respective affiliates, and there is no expectation of profit; and

(g) does not provide the token holder with any ownership or other interest in the Company, the Distributor or any of their respective affiliates.

Notwithstanding the EPH distribution, users have no economic or legal right over or beneficial interest in the assets of the Company, the Distributor, or any of their affiliates after the token distribution.

To the extent a secondary market or exchange for trading EPH does develop, it would be run and operated wholly independently of the Company, the Distributor, the distribution of EPH and EPHAI. Neither the Company nor the Distributor will create such secondary markets nor will either entity act as an exchange for EPH.

8. Informational purposes only

The information set out herein is only conceptual, and describes the future development goals for EPHAI to be developed. In particular, the project roadmap in the Whitepaper is being shared in order to outline some of the plans of the EPHAI team, and is provided solely for INFORMATIONAL PURPOSES and does not constitute any binding commitment. Please do not rely on this information in deciding whether to participate in the token distribution because ultimately, the development, release, and timing of any products, features or functionality remains at the sole discretion of the Company, the Distributor or their respective affiliates, and is subject to change. Further, the Whitepaper or the Website may be amended or replaced from time to time. There are no obligations to update the Whitepaper or the Website, or to provide recipients with access to any information beyond what is provided herein.

9. Regulatory approval

No regulatory authority has examined or approved, whether formally or informally, any of the information set out in the Whitepaper or the Website. No such action or assurance has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of the Whitepaper or the Website does not imply that the applicable laws, regulatory requirements or rules have been complied with.

10. Cautionary Note on forward-looking statements

All statements contained herein, statements made in press releases or in any place accessible by the public and oral statements that may be made by the Company, the Distributor and/or the EPHAI team, may constitute forward-looking statements (including statements regarding the intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in the Whitepaper, and the Company, the Distributor as well as the EPHAI team expressly disclaim any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.

11. References to companies and platforms

The use of any company and/or platform names or trademarks herein (save for those which relate to the Company, the Distributor or their respective affiliates) does not imply any affiliation with, or endorsement by, any third party. References in the Whitepaper or the Website to specific companies and platforms are for illustrative purposes only.

12. English language

The Whitepaper and the Website may be translated into a language other than English for reference purpose only and in the event of conflict or ambiguity between the English language version and translated versions of the Whitepaper or the Website, the English language versions shall prevail. You acknowledge that you have read and understood the English language version of the Whitepaper and the Website.

13. No Distribution

No part of the Whitepaper or the Website is to be copied, reproduced, distributed or disseminated in any way without the prior written consent of the Company or the Distributor. By attending any presentation on this Whitepaper or by accepting any hard or soft copy of the Whitepaper, you agree to be bound by the foregoing limitations.