February 14, 2020
AISYS GLOBAL PTE.LTD.
Table of Contents
1. Application of Terms and Conditions
2. Definition of Terms
3. Types of Services
4. Contracts for Use of Services
5. The establishment of AP service contract
7. Collection and Protection of Member Information
8. Duties of Member
9. Transfer of Rights to Use Services.
10. Termination of Service Use Agreement and Restriction on Use
11. Members' obligations and responsibilities for e-mail
12. Change of Member Information
14. Liability for Linked Sites
15. Site Content
16. Attribution and Restrictions on Copyright
17. Validity and Change of Terms and Conditions
18. Liability in case of breach of agreement
20. Suspension of Services
21. Provision of Information
22. Unguaranteed of principal and interest
23. Investment Limit
24. Relationship with related laws and regulations
25. Dispute Mediation and Jurisdiction
The purpose of these Terms and Conditions are to stipulate the rights, obligations and responsibilities between the AISYS GLOBAL PTE. LTD. (hereinafter referred to as ‘‘Company’’, ‘’The Company’’) and the Investors(hereinafter referred to as ‘‘Member’’, ‘’User’’) in the use of all services(hereinafter referred to as ‘‘service’’) operated and provided by AISYS GLOBAL PTE. LTD. on the AIDUSPAY portal site(hereinafter referred to as ‘’website’’, the ‘’site’’).
Company has all the authority on the technology and operation of the site, and member can directly check and manage the operation of the AIDUS TOKEN (AIDUS, hereinafter referred to as '’investment asset’') lent to Company through the site.
The company does not operate 'investment assets' directly. It is consigned to a third party (hereinafter referred to as ‘’professional company’’, ‘’specialist’’).
These terms apply to the procedures, contracts, and other requirements of all services provided by the company on the site.
ARTICLE 2 (Definition of terms)
The definitions of terms used in these terms are as follows.
- AIDUSPAY: An investment product developed by the Company, which returns the investors 12% per annum of their investment on a daily basis. The investment asset is operated through the professional company.
- Company: The entity responsible for promoting, attracting, maintaining, managing and operating AIDUSPAY.
- Member: An investor who participates in an AIDUSPAY, who agrees to these terms and receives services from a site operated by the Company. According to the policy suggested by the Company, the scope of use or benefits may be applied differently according to the classification of the members.
- Investment assets: means AIDUS TOKEN (AIDUS) loaned by member to company.
- Return on Investment: The return on investment under the condition of loan of investment assets.
- AIDUS TOKEN(AIDUS): The crypto asset issued by the Company.
- Professional Company: A third party professional company that is legally authorized to create and operate investment products.
- AIDUSPAY portal site: AIDUSPAY operation management portal site provides the information and contract items on investors and investment assets such as records, storage, management information, management, withdrawal, termination, contract about investment assets of members and the virtual business place or service space set up to provide the members with information on the overall service or AIDUSPAY operation by using computer and other information and communication facilities and a site that can be provided with services using membership accounts (ID and PASSWORD). It also means that the operators who operate the site.
- Service: All services provided by the company on the site.
- ID: the E-MAIL account at the time of registration as 'member'.
- PASSWORD: A combination of letters, numbers and special characters set by the member and approved by the Company for the confidentiality of the member and the security of the various information provided in the service.
- If the terms used in this clause are not defined above, they shall be in accordance with the relevant laws and regulations and the service category guidelines, in addition to the normal trading practices.
ARTICLE 3 (Types of Services)
The following are the types of services for AIDUSPAY and derivatives that the company provides to members:
- Product introduction: Introduces a variety of investment products and products by investment.
- Product subscription: Provides information on the subscription process to allow the member to subscribe to the desired product.
- Providing information: Provides information by each member on investment assets.
- Provide operation information: Provides information such as product management performance, status, notarization.
- Diversification of FIAT use: We provide services such as diversification of use, such as exchange or debit card provision according to FIAT use, and global exploitation.
- AIDUS Trading Service: We plan to provide AIDUS TOKEN with multiple exchanges so that you can trade AIDUS TOKEN easily and conveniently.
- When a service is changed, the company may notify the members of the contents and date of delivery of the changed service.
ARTICLE 4 (Establishment of Service Use contract)
- A person who subscribes to a member shall faithfully provide the personal information required by the company.
- Member who has subscribed falsely by stealing other persons’ personal information shall not use the service provided by the company, and all civil and criminal responsibilities shall lie with the members who have subscribed accordingly. (Refer to the provisions of Article 21 paragraph 2 of the resident registration act.)
- Company receives and manages member information (ID, PASSWORD, and other matters that the Company recognizes as necessary).
- Company can revise the terms and conditions within the scope of not violating the relevant laws and regulations. If the terms are revised, the members will be informed of the revised facts and revised contents by the method of E-MAIL notification, written notification, SMS, etc. Members who did not make a decision within seven days after the company's notice are considered to have agreed to the revised terms.
- If member re-subscribe after the end of the service contract, six months must elapse after the end of the service contract, or there must be a separate approval from the company.
ARTICLE 5 (The establishment of AIDUSPAY service contract)
- The member's 'investment assets' agree to be affiliated with the company and the actual management to the professional company.
- The Company shall entrust the consignment to the professional company and notify the consignment by E-MAIL notification, written notification or SMS of the member within three working days.
- Investor Asset of member is a one-year maturity of post-consignment management to professional company, and if there is no intention to terminate, the commission management will continue.
- The investment assets of the member shall be paid in principle within 5 business days after the subscription. However, under the consent of the member, the timing of the investment income payment can be changed.
- As a condition of investment assets, company pays 12% annual return on investment to members. However, if the contract is renewed after one year maturity, the rate of return may be adjusted or changed according to the company policy.
- In principle, the return on investment is paid to the members in a daily rate (365 days) by allocating the profits of the members of the site. However, the company can propose and change the payment method under the consent of the member.
- The investment income is based on the market price of Ethereum at the time of application (see the real-time price of coinmarketcap). The minimum withdrawal amount is US $10.00.
- If the member wishes to redeem the investment asset, the member may apply for the withdrawal from 40 days after receiving the notice that the investment asset has been consigned to the professional company.
- Return on investment paid to members will cease the day after the application for redemption of the investment assets.
- After 40 days in subsection (8), if the member applies for redemption of the investment assets after 40 days, the company will return the investment assets of the member within 15 days from the date of application.
- If the member redeems the investment assets prior to maturity of one year and wishes to re-subscribe the AIDUSPAY, they may re-subscribe after three months of completion of payment for termination.
- Any omissions, changes, or additions to the above, shall be continuously reflected. And any other items shall be subject to normal trading practices.
ARTICLE 6 (Membership Registration)
- Apply for membership by stating that you agree to these terms and conditions after filling out the member information according to the registration form in the site.
- Company may request additional subscription procedures according to circumstances, and in this case, the Terms of Service, Regulations or Bylaws regarding the Services may take precedence over these Terms.
- Company may manage the member information including the member's ID or improve the service so that the member can easily use the site.
- Members shall provide the information necessary for the Company to provide the services of the site at the time of membership registration, and submit the relevant documents at the special request of the Company. The submitted documents will be thoroughly secured in accordance with the Personal Information Protection Act.
- If the member fills out facts and other information or false information, or is later found to be such information, the operator can temporarily suspend the use of the service or terminate the permanent suspension and use contract. The damages that occur to the company or third party are taken responsibility by the member; if the damage is caused by the company's intention or negligence, the company will be incurred.
- Company can verify the identity of the member through the credit information provider or credit information concentration agency available under the law when the 'member' has applied for membership, and Company may request the applicant for evidence of an application for a use that cannot be used in the real name verification process.
- In some countries, subscription may be restricted according to the laws of the affected country.
- Citizens of high-risk and other monitored countries of the FATF (Financial Action Task Force) may be restricted from subscription.
- Citizens of countries subject to economic sanctions by the United Nations, Europe and the United States may be restricted.
ARTICLE 7 (Collection and Protection of Member Information)
- Company may collect necessary information from the member by revealing the purpose of collection or use, in addition to the information provided by the member for the use contract. In this case, the Company receives consent from the Member to collect information.
- If the Company obtains the consent of the members for collecting information, the company shall specify or notify in advance the items and methods of collection of personal information collected, the purpose of collection and use of personal information, the period of retention and use of personal information, and the details of information provided to third parties (the purpose of use of the information provided by the recipient, the recipient, the item of the information, and the period of the service). The members may withdraw their consent at any time even if they agree to provide information.
- The member must provide the information to the company as it is.
- The Company shall limit the manager to the minimum to protect the personal information of the member, and if the member's information is lost, stolen, leaked or altered due to the company's intention or negligence, the company will take all responsibility for the damage of the member.
- The Company shall endeavor to protect personal information, including member information, as prescribed by relevant laws and regulations. Regarding the protection of personal information of the member, it shall comply with the relevant laws and the personal information protection policy posted separately by the Company.
- In the case of termination of the contract, the company shall in principle destroy the information of the member. However, in the following cases, the member information and the overall information on the ‘investment assets’ of the product shall be kept. In this case, the company uses the information of the members it keeps only for the purpose of storing them.
- In the event that it is necessary to preserve the information under the relevant laws such as the Commercial Law, the Company keeps the member information for a certain period of time.
- In the event that the service contract is terminated due to the member's application for withdrawal, the company shall keep minimum necessary information, such as ID, name, contact details, transaction details, and violation of the terms and conditions, for one year after the service contract is terminated only if the investor protection and arbitrary termination is recognized to intentionally avoid the restrictions set by the terms.
- For members whose service contract has been terminated by the company or whose membership has been suspended by the company, the minimum required information, such as ID, name, contact, address, termination and membership suspension, shall be kept for one year after the service contract is terminated.
- If the retention period is specified when consent is obtained for collecting other information, the member information shall be kept until the retention period.
- The details of other AIDUSPAY ‘investment assets’ shall be kept for at least three years.
ARTICLE 8 (Duties of Members)
- Member shall not do any of the following when using the service.
- The act of writing false facts in the items provided when applying for membership;
- The act of illegally using ID and PASSWORD of another member;
- The act of using the information obtained by using the service for copying, processing, broadcasting, exhibition, distribution, publication, or providing it to third parties through copying, processing, translation, secondary works besides the personal use of the member;
- Damages or disadvantages the reputation of others or the Company;
- The act of infringing on other rights such as copyright of a company and copyright of a third party;
- Disseminate to others information, sentences, figures, sounds that violate public order and morals;
- The act that is objectively recognized as being associated with a crime;
- The act of registering or distributing computer virus infection data that causes destruction and confusion of malfunction or information of facilities related to the service;
- The act of transmitting the information which can interfere with the stable operation of the service or transmitting the advertisement information against the will of the receiver;
- Any act in violation of any other related statutes;
- Member shall be responsible for all ID and PASSWORD management. The ID and the PASSWORD shall not be lent or transferred to a third party or similar acts. Members are responsible for all the consequences of neglect or fraudulent use.
- Member must notify the Company of the fact immediately if their ID is used illegally. The member is responsible for all the consequences that occur before the notification.
- Member must notify the Company in any way possible when their personal information is changed. The member is responsible for all the consequences that occur before the notification.
- Member shall not conduct business activities using the service without prior approval of the Company, and the Company shall not be responsible for the results of the business activities.
- Member shall faithfully comply with the matters prescribed in this agreement and related laws, service guide or precautions.
- Member shall comply with the usage restrictions posted by the “Company” in the service announcement or separately announced by content.
- Member shall not transfer or give the right to use the service or other status in the contract of use to others without prior consent of the Company, and shall not provide it as collateral. However, if a prior approval is obtained according to the company's prescribed procedures and methods after notification to the Company, it may be transferred to another member.
- Member must be registered under their real name, and if they steal someone else's name, they will not be protected and may be punished by relevant laws.
ARTICLE 9 (Transfer of right to use services)
- The right to use the service and other contractual status may not be transferred or given to others without prior consent of the Company, and may not be provided as collateral.
- Company may request or change the member's ID through notice for reasons such as security, ID policy, and smooth provision of service.
ARTICLE 10 (Termination of Service Use Agreement and Restriction on Use)
- Members who have terminated according to this article may rejoin as members in accordance with the membership procedure and related provisions set by these terms only if they have passed six months after termination or if the company has accepted.
- Company may not approve the use of the service or restrict the use and withdraw the service if it is determined that the application for use of the service falls under each of the following subparagraphs or the use situation after the application for the service is considered to be one of the following subparagraphs: In this case, the company will notify the member by reason of the termination by e-mail, telephone, fax, or other means, and request the corrective action. If the member fails to do so within the period specified for more than seven days, the contract shall be terminated. However, the Company may give the member the opportunity to comment on the reason for termination in advance.
- In case of revealing personal information such as ID and password to others or stealing other's ID and password;
- The theft of another person's payment methods;
- Deliberately disseminating any content that would interfere with public order;
- The member plans or implements the use of the service for the purpose of undermining the national interests or social public interests;
- Sign up for the purpose of preventing the stable operation of the Services;
- Disseminate computer virus programs that cause malfunction of communication facilities or destruction of information;
- Infringes on the rights, reputation, credit or other legitimate interests of the Company, other members or others;
- Reproduce or distribute or commercially use information obtained using the Company's service information without the Company's prior consent;
- In case it is deemed difficult to provide any more services in violation of the service conditions and related statutes set by other companies, including the service terms and conditions;
- other violation of the obligations under these terms and conditions;
- If there is a possibility of spreading the virus or suspicion about it;
- Member who has performed an act under subsection (3) of this section shall be responsible for indemnifying damages caused to the Company or other members.
- Any damages incurred in connection with the termination of the use contract shall be borne by the member concerned. However, in case of damage caused by the company's intention or negligence, the company shall bear the damage.
- Even if investor is subscribing to a service and making an investment, the investor's application for income payment and the transmission of cryptocurrency may be limited to temporary or settlement of the following items:
- It is judged that it was related to the money laundering in the future even if it passed through KYC / AML, or it is involved in terrorism and serious crime;
- There is a request for a reasonable transaction/payment suspension of the relevant agency (operation/consignee/contractor, etc.), the judicial agency (police, prosecution, court) or the financial authority;
- If an ‘investment asset’ is acquired by an illegal method (hacking/stealing, etc.), proof of ‘irrelevant’ is required;
- The identity of the requester is unclear or difficult to ascertain when requesting payment, which is a relation to the death of the investor;
ARTICLE 11 (Members' obligations and responsibilities for e-mail)
- Company does not edit or monitor member's e-mail content.
- Company shall not be responsible for the issue of the e-mail to which it has subscribed.
- Company shall not be responsible for any problems caused by the member sharing or forwarding their e-mail and password with others, and the member is responsible for all. In this case, personal information such as ID can be provided to the investigation agency.
ARTICLE 12 (Change of Member Information)
- Member shall immediately ask the “Company” to amend the matters described in the application for use. (Effective until "Company" adds member information change "service")
- Member shall be responsible for any damages caused by not requesting amendment even if the member information is changed. However, in case of damage caused by the company's intention or negligence, the company shall bear the damage.
- In relation to paragraph 1 of this section, the member shall have the option of using cookies and may change the settings of the computer browser to refuse receipt of cookies or to warn against receipt of cookies. However, if the user refuses to save the cookies, the member shall be responsible for the problem that arises from the loss of all the services required for login.
ARTICLE 14 (Liability for Linked Sites)
- Company may provide members with links to other websites or materials. In this case, Company has no control over external sites and data, so it is not responsible for the accuracy and usefulness of the services or data provided from it, and the Company personal information protection policy is not applied.
- Member acknowledges and agrees that the Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the trust or the services of the linked external site.
ARTICLE 15 (Site Content)
- Members are responsible for all content posted by the member or created on the site and displayed on the site screen. Under no circumstances shall the company be responsible for infringement of intellectual property rights of the contents prepared by the member, violation of personal privacy, and anti-social and illegal contents.
- Under no circumstances shall the company be responsible for infringement of intellectual property rights of the contents prepared by the member, violation of personal privacy, and anti-social and illegal contents.
- Antisocial Content;
- Contents of discriminating against or disparaging certain social classes;
- Violent content or verbal abuse;
- Illegal or pornographic;
- Contents that violate the rights, personal information, or honor of others;
- Contents related to criminal activity;
- Data and programs, such as computer viruses, worms, trojans, etc., which may cause malfunctions or confusion of information and communication facilities.
ARTICLE 16 (Attribution and Restrictions on Copyright)
- Copyright and other intellectual property rights related to the web screens (texts and design) created by the Company shall belong to the Company.
- Member shall not distribute or make available to third parties the information obtained by using the service provided by the Company by publishing, copying, broadcasting and other methods without the prior approval of the Company.
ARTICLE 17 (Validity and Change of Terms and Conditions)
- If the user uses the service of the site, it is considered to have agreed with this terms.
- The Company may change these Terms and Conditions if there is a reasonable reason. In this case, the application date and amendment will be notified from the 7th day before the application date on the initial screen or connection screen.
- Member who disagrees with the changed agreement can withdraw (terminate) according to the terms of this agreement, and the use of the service after the effective date of the agreement is subject to the changed agreement.
- This agreement is a basic agreement on the establishment of Article 4 service use contract between company and member, and the establishment of Article 5 AIDUSPAY use contract. The company can set the criteria (hereinafter, “individual terms”) to be applied to a specific service if necessary and notify it in advance. If member agrees with these individual terms and uses a specific service, the individual terms are applied first, and this terms are supplementary. As for the change of individual terms and conditions, Article (3) is applied unless there is a special provision in individual terms.
ARTICLE 18 (Liability in case of breach of agreement)
ARTICLE 19 (Disclaimer)
Company shall not be liable for damages incurred by members due to the following reasons. However, this is not the case if there is a significant causal relationship that the company believes is responsible.
- In the event of failure of communication equipment, lines and computers, or crowded transactions, the company has no serious negligence, system obstacles caused by management, inspection, maintenance, replacement or software in the process or attacks by third parties, which makes the company unable to provide services or cause service delays, unless a research institution has developed a response method to system failures, the company will not be liable for the losses caused by members due to the spread of computer viruses or other companies beyond their control;
- In case a member has leaked ID and PASSWORD to a third party due to his or her negligence;
- Company shall not be held liable for any failures in the use of the Service due to the Member's faults, including computer operation or errors in the business process.
- Company shall not be responsible for damages caused by the member's failure to obtain the expected benefits from the provision of the Company's services or by the selection or use of service data.
- In case of unavoidable reasons such as natural disaster or war
- Company shall not be liable in the event of a failure to use the service due to reasons attributable to the member.
- Company shall not be liable for any damages arising from the exchange of goods or direct transactions between the members or between the members and a third party.
- Company shall not be involved in any disputes arising between members or between a member and a third party without the fault of the Company.
- Without serious negligence, the company will cause system obstacles or be attacked by a third party in the process of management, inspection, repair, replacement or software, unless a research institution has developed a response method to system failure, the company shall not be liable for the losses caused by the members due to the spread of computer viruses or other companies beyond their control;
- Damages of the members under paragraph 6 of this section are not limited to (a) Damage to or loss of postings, files attached to, or other data created, transmitted or stored by the Member using the Services (b) damages or losses of such data include, but are not limited to, any economic or mental damages caused to the member due to the inability or delay of the member's actual acts or other legal activities with a third party.
- Notwithstanding paragraphs 6 and 11 of this section, Company shall not be liable for any damages caused by the member without the intention or significant negligence of the Company in connection with the use of the free service provided by Company.
ARTICLE 20 (Suspension of Services)
- Company may temporarily suspend service without prior notice due to unavoidable reasons such as urgent system inspection, extension or replacement, and may completely discontinue the service provided by company for reasons deemed appropriate, such as the replacement of a new service.
- Company may restrict or suspend all or part of the service if normal service cannot be provided without company's fault, such as service equipment failure or congestion of service usage. In this case, however, the reason and period will be notified to the member in advance or after.
- Regardless of this section (1) (2), the AIDUSPAY operation system will continue to operate separately, and in the case of this section (1) (2), it means the service system.
- The Company may suspend the service if there is a force majeure cause such as natural disaster, war, or telecommunications service provider such as a telecommunications service provider or the telecommunication service is not provided normally.
ARTICLE 21 (Provision of Information)
- The Company may send (or provide) various information and advertisements to the members by e-mail or mail as required for service use, and the members may request that they refuse to receive them if they do not wish to do so.
- The Company may request additional personal information with the consent of the members for the purpose of improving the service and introducing the service to the members.
ARTICLE 22 (Unguaranteed of principal and interest)
- Company and its professional companies do not guarantee the cash value at the time of investment in crypto assets invested and the cash value when selling the investment return(Ethereum). In addition, we do not guarantee that revenue will be generated due to changes in the price of cryptocurrency.
- Company and the professional companies shall pay the amount of cryptocurrency (AIDUS) borrowed from the investor only when the member has applied for redemption. Any investment you make on the site shall be your responsibility. The company and the professional companies are not responsible for the outcome of member's investment action unless there is a company's intention or serious negligence, and members cannot require companies and professionals to have legal, social, and material compensation and guarantees for the outcome of a member's investment action unless there is a company's intention or serious negligence.
ARTICLE 23 (Investment Limit)
- The investment limit of an investor may be limited to a certain extent in accordance with the related statutes, the relevant authorities' guidelines, and the policies of the Company.
- In the event of a change under subsection (1), Company notifies the change to its website and notifies the member by e-mail or SMS.
ARTICLE 24 (Relationship with related laws and regulations)
- Matters not specified in these terms and conditions shall be governed by the provisions of relevant laws and regulations, such as the Telecommunications Business Act, the Framework Act on Electronic Commerce, the Act on Promotion of Information and Communication Network Utilization and Information Protection, and the Act on Consumer Protection in Electronic Commerce.
- In using the services provided by the company, the members shall comply with the relevant statutes, including the Act on Consumer Protection in Electronic Commerce, the Framework Act on Electronic Commerce, the Consumer Protection Act, the Act on the Fairness of Display Advertisements, and the Act on Promotion of Information and Communication Network Utilization and Information Protection. The member shall not claim exemption for violation of the related statutes, citing the provisions of this Agreement.
ARTICLE 25 (Dispute Mediation and Jurisdiction)
- Company and members can apply for dispute settlement to the Personal Information Dispute Resolution Committee, which is established by the regulations on the promotion of information communication network use and information protection, in order to resolve disputes quickly and effectively in case of disputes about member information.
- If a lawsuit is filed against a dispute related to the use of the service, the jurisdiction court shall be subject to the address of the member at the time of the complaint, and if there is no address, the jurisdiction of the local court that controls the residence. However, the address or residence of the user at the time of the complaint is not clear, or in the case of foreign residents, it is filed in the jurisdiction court under the Civil Procedure Act.