Last updated: August 2020
These are the general terms and conditions (the “Conditions”) of the referral program  (“Referral Program”) provided by Status Research & Development GmbH (“Status”).
Status is a company that provides a secure messaging application, a crypto wallet and a Web3 browser (the “App”), built with state of the art technology and without exploiting users for data. For more information, refer to our website: https://status.im/ (the “Website”).
Excluding any conditions or stipulations of third parties, these Conditions apply to all agreements and other dealings between Status and its Referral Program users, consisting of Referrers and Recipients (hereafter collectively referred to as the “User”). Status offers the Referral Program on the condition that the User accepts these Conditions. The User is i.a. deemed to have accepted these Conditions in the event the Referral URL is created, shared or used using the Referral Program registration service. Status may amend these Conditions. The latest version of the Conditions always applies between Status and the User.
Insofar as not defined in these Conditions, the following terms when capitalized in these Conditions shall have the following meaning:
1.1 Status: Status Research & Development GmbH, a public limited company under Swiss law, having its registered office at Baarerstrasse 10, 6300 Zug, Switzerland, and registered in the trade register of the Kanton Zug under number CHE-319.159.934.
1.2 Referrer: any natural (or legal) person that invites a Recipient to participate in the Referral Program through the Status application.
1.3 Recipient: any natural (or legal) person – being a potential user of Status - that receives an invitation of a Referrer to participate in the Referral Program.
1.4 Advertiser: any natural (or legal) person that advertises concerning any services and/or products online and offline (including, but not limited to, the Referral Program) (whether or not requested to do so by Status), except for influencers with whom Status has concluded an agreement to do so.
2.1 Status provides a Referral Program to raise awareness of its software application.
2.2 The Status Referral Program allows Referrer to earn a “Referral Bonus” in the form of cryptocurrency, including Status Network Tokens (“SNT) and if available tokens provided by other organizations, by inviting Recipients to install and onboard to the App.
2.3 The Recipient, in turn, receives an amount of cryptocurrency (the “Starter Pack”), including SNT, cryptocurrency Ether (“Ether”) , and if available tokens provided by other organizations, that are attributed to enable the Recipient to use/try features within the App which require assets, such as, but not limited to, register an ENS username on the stateofus.eth domain, purchase a sticker pack, dapp interactions, and voting.
2.4 Advertisers can participate as a Referrer. However, Advertisers are not eligible to receive a Referral Bonus.
3.1 A Referrer invites a Recipient by sending a “Referral URL” to raise awareness of and to introduce the Recipient to the App.
3.2 If a Referrer invites a Recipient, a ‘referral code’ will be generated and connected to the Referrer’s Ethereum address. The Referrer can then share the Referral URL with multiple Recipients. A Recipient can use the Referral URL to download, install and onboard to the App. Upon onboarding, the Recipient is asked to accept these Conditions, the Recipient will receive a Starter Pack and Referral Bonus is attributed to the Referrer. Upon accepting, the IP address of the Recipient is stored to ensure a given recipient can use the referral code with the same IP address once and that the Referral URL is only used outside the USA, Iraq, Korea (the Democratic People’s Republic of), Iran, Syrian Arab Republic, Sudan (the), and Cuba. The Referral Program is not offered in these countries and therefore Users from these countries fall outside of the scope of the Referral Program and these Conditions.
3.3 To receive a Referral Bonus:
- The Referrer first needs to accept these terms and conditions and create a Referral URL using the “invite friends” button in the App (Android only).
- Then the Referrer needs to share the Referral URL publicly or privately with a Recipient.
- The Recipient needs to use the Referral URL to download and install Status through the Google Play Store, complete the onboarding flow within the App and attribute the Referral Bonus to the Referrer by giving its consent to this attribution.
- The Referrer can redeem Referral Bonuses attributed to their Ethereum address.
3.4 To receive a Starter Pack:
- The Recipient must use a Referral URL sent by a Referrer.
- Then the Recipient, via this Referral URL, needs to install and complete the onboarding flow of the App (using the Google Play Store App on an Android phone).
- The Recipient accepts these Conditions to release their Starter Pack and attribute the Referral Bonus (for the Referrer).
A check is performed to ensure the referral code generated through the Referral URL has not been used on the same IP address the referral code is being used from and the IP address comes from outside of the USA, Iraq, Korea (the Democratic People’s Republic of), Iran, Syrian Arab Republic, Sudan (the), and Cuba. (see clause 3.2).
3.5 For each Ethereum address of Referrer visible in the App, one (1) Referral URL can be created (not possible using a ‘watch-only address’).
3.6 For each Ethereum address of Referrer visible in the app, a limited number of referral bonuses can be attributed by Recipients using the Referral URL. The remaining number of referral bonuses that may be attributed can be viewed in the application
3.7 Each Referral URL can be used once by the Recipient on a given IP address. The Referral URL can be used by an unlimited number of recipients.
3.8 The Recipient must use the Referral URL and attribute the Referrer within 7 days after the Referral URL was created for the attribution to be valid.
3.9 The Referrer and the Recipient need to be eighteen (18) years or older to make use of the Referral Program and/or the App, unless the Recipient has consent of its parents or guardian(s).
4.1 The Referral Bonus and the Starter Pack consist of an amount of SNT and possibly additional cryptocurrency, such as Ether or DAI. Such amount is determined from time to time by Status and third parties deciding to use the Referral Program, and i.a. based on the daily exchange rates. Third parties may add Ether or Ethereum tokens to the referral Bonus and the Starter Pack, without requiring the approval of Status.
4.2 The (attribution of the) Referral Bonus and Starter Pack are managed in a smart contract between Status and the Referrer and Recipient. This smart contract will release the Starter Pack when the Recipient consents to the attribution of the Referral Bonus to the Referrer. The Referrer can redeem attributed Referral bonuses.
4.3 The fiat value of the Referral Bonus and Starter Pack is subject to market rates and no claim can be laid by the Referrer and/or Recipient on reference tokens and amounts communicated outside of the App.
4.4 The Referral program has a predetermined total budget. When the budget has been depleted no Starter Packs or Referral Bonuses will be released. Referrers will no longer be able to redeem a Referral Bonus, Recipients using a Referral URL will no longer be able to receive a Starter Pack.
5.1 Status provides the Referral Program / the App ‘as is’. Status will make reasonable efforts to make the Referral Program / the App available to the User and keep it online at all times, but does not make any commitments or warranties as to the availability, continuity, functionality or usability of the Referral Program / the App, nor does it make any commitments or warranties other than those expressly set out in these Conditions. Due to the blockchain based architecture of the Referral Program, release of the Referral Bonus or Starter Pack might encounter unforeseen technical hindrances. Status is not liable for such unforeseen cases. No claim can be laid on the Referral Bonus and Starter Pack that has not been released.
6.1 Users must ensure that the Referral Program is used in accordance with these Conditions and for the purpose for which Status intended the Referral Program. The User may not use the Referral Program in any way that impairs the integrity or continuity of Status’ systems and/or the Referral Program.
6.2 It is the User’s responsibility to use the Referral Program in compliance with applicable law and with any third party rights. More specifically (without limitation), User is not allowed to use the Referral Program:
- (a) in a way that infringes on a third party’s intellectual property rights;
- (b) in a way that violates a person’s privacy; or
- (c) to send unsolicited messages or Status to any third party recipient;
- (d) to conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of third parties.
8.1 Status cannot be held liable in any way by the User for direct and/or indirect damages of any nature whatsoever suffered by anyone as a result of or in connection with the App and/or the Referral Program. Furthermore, Status is not liable for any direct and/or indirect damages, in any form whatsoever, caused to or by the App and/or the Referral Program) as a result of non-compliance with these Conditions.
8.2 If, for any reason, Status is liable, then its liability is limited to the amount of the Referral Bonus or Starter Pack to which the loss relates.
9.1 These Conditions and all Agreements between Status and the User are exclusively governed by Swiss law.
9.2 All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration proceedings shall be conducted in English, unless otherwise agreed between the relevant parties.
For any queries, remarks or suggestions, please contact Status using the contact details below. Status will endeavour to respond to messages within five (5) working days.