Terms of Service

1. Definitions

• "Presello" or "Platform" refers to the website located at presello.io and all associated services, operated by Presello LLC, a Montana limited liability company.
• "Digital Credits" refers to pre-sale tokens, blockchain-based tokens, or similar digital assets listed for resale on the Platform.
• "Seller" refers to any individual who deposits Digital Credits into the Platform vault for resale.
• "Buyer" refers to any individual who purchases Digital Credits through the Platform.
• "Issuer" refers to the project team or entity that registers a project on Presello for community resale.
• "Vault" refers to the audited, non-custodial smart contract that holds deposited Digital Credits until purchase.
• "FIFO Queue" refers to the first-in, first-out ordering system that determines the sequence in which listings are fulfilled within each discount tier.
• "Discount Tier" refers to the fixed percentage below reference price at which Digital Credits are listed, ranging from 5% to 95% in 5% increments.
• "Reference Price" refers to the externally sourced market price used as the baseline for discount calculations.

2. Acceptance of Terms

By accessing or using Presello, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Platform. We reserve the right to modify these terms at any time. Continued use of the Platform after changes constitutes acceptance of the revised terms.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding agreements in your jurisdiction. You may not use Presello if you are located in, or a citizen or resident of, any jurisdiction subject to OFAC sanctions or where the use of this Platform would be prohibited by law. All wallet addresses are screened against OFAC sanctions lists. Blocked wallets are permanently denied access.

4. Accounts and Authentication

You may access Presello by signing in with Google or by connecting a Web3 wallet. You are solely responsible for maintaining the security of your wallet, private keys, and account credentials. Presello will never request your private keys. Any activity conducted through your account or wallet is your responsibility.

5. Listings and Seller Obligations

• Sellers must deposit Digital Credits into the audited Vault smart contract before a listing becomes active.
• All listings must be priced at a minimum discount of 5% below the reference price. Listings at or above the reference price are not permitted. Discount tiers range from 5% to 95% in 5% increments.
• A listing fee may be charged per listing (currently $0 during early access; standard rate is $1.00 USD, payable via Guardarian). See Section 7 for current fee schedule.
• Listings are fulfilled in strict FIFO order within each discount tier. Sellers cannot jump the queue.
• Issuers, project team members, and treasury wallets are prohibited from listing tokens for their own projects. This is a legal architecture requirement.
• Sellers must not list tokens obtained through fraudulent means, theft, or in violation of any applicable law.
• Presello reserves the right to remove any listing and suspend any seller account at its sole discretion.

6. Purchases and Buyer Obligations

• All purchases are final and non-refundable. Buyers must acknowledge a disclaimer before every purchase confirming they understand the risks involved.
• Buyers may pay via credit/debit card (processed by Guardarian) or USDT transfer.
• Purchases are processed using FIFO queue logic with row-level locking to prevent double-deduction.
• Know Your Customer (KYC) verification via Sumsub is required when a buyer's cumulative purchase volume reaches $1,000 USD.
• USDT buyers are subject to OFAC wallet screening before transactions are processed.
• Purchased tokens are held in the buyer's Platform balance and may be withdrawn to an external wallet at any time, subject to applicable withdrawal fees and gas costs.

7. Fees

• Early Access Period: During the current early access period, all platform fees are waived. Listing fees, project registration fees, and transaction fees are $0. This period ends at Presello's sole discretion with notice posted on the Platform.
• Platform Fee (standard, post-early-access): A transaction fee of up to 5% is applied to each completed purchase. This rate is configurable by the administrator between 0% and 25%.
• Seller Listing Fee (standard, post-early-access): $1.00 USD per listing, non-refundable.
• Project Registration Fee (standard, post-early-access): $100.00 USD for issuers to register a project, non-refundable.
• Withdrawal Fees: Token withdrawals are subject to blockchain gas fees. Presello may batch gas transactions to reduce costs.
• All fees are subject to change with notice posted on the Platform.

8. Vault and Smart Contracts

Digital Credits deposited into the Vault are held in a non-custodial, audited smart contract on the blockchain. Presello does not have unilateral access to deposited funds. The Vault is governed by a 2-of-3 multi-signature protocol. While the Vault has been audited by independent security firms, no smart contract can be guaranteed to be free of vulnerabilities. By using the Platform, you acknowledge and accept smart contract risk.

9. Disclaimers

• Presello is a peer-to-peer resale marketplace for digital credits. Presello is not an exchange.
• Presello does not endorse, verify, or guarantee any listed project, token, or issuer.
• AI-generated risk ratings and screening results are informational only and do not constitute financial advice, investment advice, or a recommendation to purchase.
• Reference prices are sourced from external providers and may not reflect real-time market conditions.
• Pre-sale tokens are inherently high-risk and may have limited or no liquidity.
• The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied.

10. Limitation of Liability

To the maximum extent permitted by law, Presello LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or digital assets, arising out of or related to your use of the Platform. Our total aggregate liability for any claims arising from these Terms shall not exceed the total fees paid by you to Presello in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Presello LLC and its affiliates from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any applicable law.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration in the State of Montana, in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Amendments

We reserve the right to modify these Terms at any time. Material changes will be posted on the Platform with an updated "Last updated" date. Your continued use of Presello after such changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

14. Contact

If you have questions about these Terms, contact us at legal@presello.io.

Presello LLC
Montana, United States