AGREEMENT FOR THE USE OF THE PLATFORM
The text of this Agreement to use the Platform “Cgc.capital" (hereinafter – the "Agreement") is a public offer and the demand on the use of information and software resources Platform "Cgc.capital” (hereinafter – the Platform) on the terms specified in the Agreement.
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY BEFORE USING THE SERVICES DESCRIBED IN THIS AGREEMENT.
The time the person registered on the website Platform via the link “www.cgc.capital” and/or start using the Platform is proof that the Declaration of risks, the terms of this Agreement by that person fully read, accepted and are binding, and such person acquires the status of user of the Platform (hereinafter – the User).
ATTENTION: If a person does not agree with the Terms of this Agreement and/or with any of the clauses and/or wording and/or requirements and/or rights and/or obligations related to this Agreement or posted on the Platform's website at the link “www.cgc.capital”, such person should not use the Platform's website “www.cgc.capital” and you should not register on this site.ВНИМАНИЕ: Если лицо не согласно с Условиями настоящего Соглашения и/или с какими-либо пунктами и/или формулировками и/или требованиями и/или правами и/или обязанностями, связанными с этим Соглашением или размещенными на веб-сайте Платформы по ссылке “www.cgc.capital”, такому лицу не следует использовать веб-сайт Платформы “www.cgc.capital” и не следует регистрироваться на этом сайте.
The platform is managed by a decentralized community of Users – a group of Users involved in the implementation of current activities and development of the Platform (hereinafter referred to as the User Community). In this regard, change the terms and conditions, add or remove terms contained in this Agreement, including, but not limited to, any policies or guidelines of the Platform's website "www.cgc.capital" (hereinafter — the "Site") can only be a General decision of the members of the User Community. Notification of changes will be posted on the Site or sent by email to Users at their specified email addresses or in any other way determined by the Platform. Any changes or modifications will be effective immediately after the changes are published on the website or at the moment when the Platform transmits information to Users (for example, by email). These changes will apply at this time to all current terms and conditions and continued use of the Site will constitute acceptance of such changes or modifications. If the User continues to use the Site after the changes made to this Agreement, this is an actual confirmation that the User agrees to the relevant changes.
1. TERMS AND DEFINITIONS
- 1.1.In this Agreement, the following terms will have the following meanings: A platform is an automated software consisting of a web page interface and a software interface designed for communication between the Site and Internet networks built on the basis of blockchain technology and developed on the basis of smart contracts of the Ethereum blockchain protocol, which provides Users with the opportunity to use DAA to participate in the activities and development of the Platform, to invest in partner projects, and to receive CGC Tokens as confirmation of the implementation of such activities.
- 1.2.The platform consists of a user interface of the web page.
- 1.3.the Platform operates around the clock, except for restrictions related to maintenance or technical communication problems.
- 1.4.The platform can be used only by registered users.
- 1.5.the User's participation in the Platform and in the distribution of rewards from its activities is confirmed by CGC Tokens.
- 1.6.the Platform is not an investment product, and therefore any notification, message, action, management decision on the part of the Platform should not be considered as an investment offer.
- 1.7.any mention of the Platform on the Site as an investment project in no way affects the validity of these terms of Agreement and is solely a manifestation of advertising activities of the Platform or third parties
- 1.8.the User Community ensures the functioning of the Platform in accordance with the terms and conditions provided for in this Agreement.
- 1.9.The DAA (Digital Asset Array) – “Portfolio of Digital Assets based on the technology of the blockchain”:
- (A) automated software developed by the User Community using smart contracts based on the Ethereum blockchain Protocol, the purpose of which is to transfer various types of Users ' own assets, including their Digital Assets (specialized software, including cryptocurrency assets, i.e. specialized software based on the blockchain technology, hereinafter Digital Assets), and then get them CGC Tokens (Digital Asset Platform based on blockchain-Ethereum Protocol, hereinafter – Tokens CGC), confirming this transfer and providing the opportunity to participate in partnership projects of the Platform. The platform consists of a set of automated algorithms built using cryptography and blockchain technologies that ensure its Autonomous operation. Access to the use of the Platform is available on the Platform's website at the link “www.cgc.capital".
- (B) the DAA may be individually suitable for a wide range of services. A DAA can include a set of assets selected by any criteria, including Digital Assets. Therefore, the main feature of DAA is that this set of assets saves time and minimizes transaction costs (time and resources) for those Users who are interested in converting various types of assets, including Digital Assets, into CGC Tokens.
- Users can use the DAA through the Platform, which is the DAA interface. The platform is designed for the convenience of Users, simplified and does not require prior technical knowledge for its use, which may be required for direct receipt of CGC Tokens and their exchange for other types of assets.
- (D) in order to avoid complicated wording, the term "Platform" may be used in the future on the Site and in this Agreement instead of the term "DAA".
- 1.10.User – a person who has used the Platform's services by registering on the Platform and receiving CGC Tokens.
- 1.11.The wallet is a functional element of the Platform system, which acts as the main connecting mechanism for transferring Digital Assets that the User gives to the Platform for management from the Account to the Platform's shared account for subsequent conversion of various assets into CGC Tokens.
- 1.12.The website and/or web site Platform web site www.cgc.capital
Other terms and definitions that appear in the text of the Agreement are interpreted By users in accordance with the law and established on the Internet rules for the interpretation of certain terms.
2. PARTICIPATION IN THE PLATFORM
- 2.1.to access the use of the Platform, the User creates an account in the corresponding section, which is located at www.cgc.capital (hereinafter referred to as "Account").
- 2.2.the User agrees to:
- 2.2.1.comply with and bear responsibility for violation of these terms of Agreement;
- 2.2.2.provide only accurate, up-to-date and complete information when creating an account;
- 2.2.3.maintain and promptly update account information so that it is accurate, complete, and current;
- 2.2.4.maintain the security and confidentiality of the User's credentials, and restrict access to the User's account and computer;
- 2.2.5.immediately notify the Platform's technical support service if the User discovers or otherwise suspects any security violations related to the Platform;
- 2.2.6.take responsibility for all activities that occur in the User's account, as well as accept all risks of unauthorized access.
- 2.3.The user guarantees that any information it provides through the Platform is accurate and relevant
- 2.4.After entering data in the appropriate fields of the Account, the User can transfer their assets to the Platform, including sending their Digital Assets to the Wallet, and then receives CGC Tokens in return, which confirm participation in the User Community and the right to participate in partner projects of the Platform.
- 2.5.the “know your customer” (KYC) policy is used For Users, which is based on a comprehensive legal assessment and includes, but is not limited to, such procedures as: collection and analysis of basic identification information about the User; comparison of Users with lists of interested persons, such as publicly exposed Persons; determination of the User's risk level in the context of a propensity to legalize proceeds of crime, financing of terrorism; forming expectations about Users ' transactions, as well as monitoring transactions for contradictions to such behavior.
- 2.6.If the User believes that their account has been hacked, they must immediately notify the Platform's technical support service as soon as such an incident occurs. The user is responsible for immediate notification of any unauthorized use of the password or account, or any other security breach.
- 2.7.the Platform is not responsible for any losses incurred by the User as a result of failure to follow the instructions set out in this section or failure to follow or act in response to any notices or warnings that the Platform may send to the User.
- 3.1.After registering on the Platform and transferring their own assets, including Digital Assets, to the Platform, the User gets access to the Platform, the status of the Platform User, and the right to participate in partner projects of the Platform, which is confirmed by CGC Tokens.
- 3.2.the Platform operates on the basis of smart contracts of the decentralized Ethereum blockchain network, which is supported by the use of a certain number of digital assets of Ethereum (ETH) during transactions (exchange operations) involving CGC Tokens on the Platform. Given this fact, the User agrees to cover these expenses by the Platform to ensure its correct operation.
- 3.3.the User Community prohibits the use of the Platform by persons under the age of 18. If the User Community determines that a user under the age of 18 has registered on the Platform by providing false and / or fake information about personal data, the User Community has the right to immediately block access to the Platform and the Site for such User and delete their profile without the right to further unblock it.
- 3.4.the User agrees that he will not use the Platform to perform any type of illegal activity or take part in any actions that negatively affect the operation of the Platform.
- 3.5.the Platform's technical support Service may suspend Users ' use of the Platform for maintenance.
- 3.6.the Transfer of own assets, including Digital Assets, to the Platform by the User is not an "investment" procedure in any sense and interpretation of this term.
- 3.7.The transfer of own assets, including Digital Assets, to the Platform by the User is not a procedure for investing in a common enterprise and/or is not a procedure for investing in the Platform.
- 3.8.as a result of transferring their own assets, including Digital Assets, to the Platform, the User does not receive a share in any legal entity, including a share in the Platform.
- 3.9.when transferring their own assets, including Digital Assets, to the Platform, the User does not acquire the status of a lender and / or lender of the Platform/user community.
- 3.10.The transfer of own assets, including Digital Assets, the Platform User and receiving a Token in return, the CGC does not give the user the right to participate in profits and/or losses of the Platform and also gives the User the right to participate and/or receive a share in the assets and/or liabilities of the Platform.
- 3.11.Platform/The User community reserves the right, at its sole discretion, to restrict the User's access to the Platform and its related services or any part thereof, at any time, without prior notice, in particular for legal reasons aimed at combating terrorism, money laundering, or in accordance with other applicable rules.
4. GETTING CGC TOKENS
- 4.1.According to this Agreement, the CGC Token is a unit of account on the Platform and confirms the User's right to participate in the User Community.
- 4.2.the CGC Token is not a stock, securities, cryptocurrency, or other assets that qualify for trading as a financial activity and require licensing.
- 4.3.the User is not restricted in transferring to the Platform an unlimited number/volume/amount of their own assets, including Digital Assets.
- 4.4.to get CGC Tokens on the Platform, the User must place their own assets, in particular, Digital Assets in the Wallet. The platform may from time to time add or remove the ability to Deposit various assets, including Digital Assets, to the Wallet. The User's assets used to receive CGC Tokens in accordance with these terms of Agreement include Digital Assets, such as the cryptocurrency Bitcoin (BTC) and the cryptocurrency Ethereum (ETH).
- 4.5.. the Platform reserves the right to refuse or cancel requests to exchange CGC Tokens for other types of assets at any time at its sole discretion.
- 4.6.the User understands and accepts that the CGC Token is not a stock, share or securities, as well as an intellectual property right or another form of participation in the Platform, except for rights related to the use of the Platform, participation in its activities.
- 4.7.the CGC Token is not a cryptocurrency, regardless of the legal meaning of the term "Cryptocurrency".
- 4.8.Any potential opportunity to exchange CGC Tokens for any national currency is beyond the scope of the Platform's influence and is not one of the services offered by the Platform.
- 5.1.The user will use reasonable and appropriate measures to ensure access to:
- 5.1.1.any device with an email address that is associated with the User's account;
- 5.1.2.personal keys required to access the corresponding address in the Ethereum blockchain network;
- 5.1.3.User name, password, or any other identification data.
- 5.2.If the User suspects a security breach in any of the above issues, they must immediately notify the platform's technical support service in order for It to take all necessary and possible measures to ensure the security of the User's Account, CGC Tokens and the Platform as a whole.
- 5.3.If the User no longer owns any device associated with the account on the Platform, or the User cannot provide their username or other identification data, the Platform may, at its sole discretion, block the User's access to the Platform, and only if the Platform is able to grant the User access to the Account, as well as to any other party that grants the Platform the appropriate authority.
- 6.1.the User Community reserves the right to request documentation prior to activating a User Account on the Platform in order to comply with applicable laws or regulations in connection with the exchange of CGC Tokens. The User community may refuse to allow User access to the Platform if they have doubts about the validity and authenticity of the documents provided by the User.
- 6.2.The user agrees to provide to the User Community/The platform provides such information immediately upon request and recognizes that the Platform may refuse to allow the user to receive CGC Tokens until the Latter provides such information and the User Community determines that the User is permitted to receive CGC Tokens in accordance with applicable law.
- 6.3.when the User creates an Account on the Site, the Platform may collect and store the User's contact information: name, address, phone number, email address, and other similar information. Before allowing a User to use the Platform, the Platform may require that the User provide additional information about themselves (such as date of birth, passport number, TIN or other data that may be used for personal identification purposes and that may be required to comply with applicable law) so that the Platform can verify the User's identity or address.
- 6.4.when using the Platform's website via the link “www.cgc.capital” The platform collects information about the User's actions on the Site, and may also collect information about the User's computer or another access device to prevent fraudulent actions. The platform may collect additional information about the User through the User's interaction with the Platform's technical support service.
- 6.5.When the User accesses the Platform, the Platform (or service for collecting and analyzing relevant data on behalf of the Platform, such as GoogleAnalytics) may place small data files, so-called “cookies”, on the User's computer or another device.
- 6.6.throughout this policy, the Platform uses the term " personal information” to describe personal information about the User that may be associated with a specific person and may be used to identify that person (Hereinafter referred to as Personal Information).
- 6.7.the Platform protects the User's Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and modification. Some of the protections used by the Platform are firewalls and data encryption, physical access controls for the corresponding data centers, and information access controls.
- 6.8.sometimes the Platform needs to compare the Personal Information provided by the User with thirdparty databases in order to verify its accuracy and confirm the User's identity. This allows the Platform to comply with anti-money laundering measures and comply with the “know your customer” (KYC) policy. The platform will not sell or lease the User's Personal Information to third parties. The platform may combine Personal Information provided by the User to the Platform with information that the Platform collects from other sources, including from other companies, and use it to improve and personalize the Platform's services, as well as to improve content and advertising on the Platform. The platform may use the User's name and email address to provide information about products or services that may be of interest to the User, but will not use the User's Personal Information without complying with applicable law and, if necessary, obtaining the User's consent.
- 6.9.the Platform reserves the right to provide the User's Personal Information:
- companies with which a merger is planned (if such a combination occurs, the Platform will require that the newly merged company comply with these terms with respect to the User's Personal Information, and the User will also receive prior notice of any change to the applicable policy);
- third-party identification service providers for fraud prevention purposes;
- law enforcement agencies, government officials, or other third parties where the Platform is required to do so by court order, court order, or similar legal process, or where the Platform suspects that disclosure of Personal Information is necessary to prevent physical harm or other loss, to report alleged illegal activities, or to investigate violations of The terms of this agreement to use the platform;
- to other third parties only with the User's prior consent or the indication thereof.
- 6.10.the Platform will not provide the User's Personal Information to other users of the Platform without the User's consent or instructions.
- 6.11.the user can access, view, and edit their Personal Information at any time by going to the Platform's website “www.cgc.capital".
7. USER GUARANTEES
- 7.1.compliance with the correct operation of the Platform can be supported by escrow agents who, having access to assets, including Digital Assets, held by the Platform, have the ability to block transactions (exchange transactions) involving assets, including Digital Assets, in the event of failures in the Platform.
8. THE INTELLECTUAL PROPERTY
- 8.1.the Platform reserves all rights, names, and interests in all intellectual property of the Platform, including inventions, discoveries, processes, marks, methods, compositions, formulas, information, and data, regardless of whether they are patentable, copyrighted or protected by a trademark and any trademarks, copyrights or patents based on them.
- 8.2.the User is granted a non-exclusive, non-transferable right to access and use the Platform.
- 8.3.the User must use the Platform and CGC Tokens strictly in accordance with the provisions of this Agreement. As a condition of using the Platform and CGC Tokens, the User guarantees to the Platform that They will not use the Platform and CGC Tokens for any purpose that is illegal or prohibited by the provisions of this Agreement. The user may not use CGC Tokens in any way that could damage the Platform, disable or overload the Platform, or interfere with the use of the Platform by any other party.
- 8.4.All content offered by the Platform, such as text, graphics, logos, images, source code, as well as their compilation, and any software used on the Platform Site, is the property of the Platform and is protected by copyrights, trademarks, and other laws that protect intellectual property and proprietary rights. The user undertakes to comply with all restrictions related to the protection of copyright and intellectual property contained in the content offered by the Platform, and not to allow any changes to bemade to it.
9. LIMITATION OF LIABILITY
- 9.1.The parties to this Agreement agree that the liability of the Platform is limited to maintaining correct functioning of the Platform, which includes maintaining the operation of the system of smart contracts on the blockchain-Ethereum Protocol, as well as the distribution of incentives among Users, ensuring the ongoing activities and development of a Platform on the terms provided in this Agreement.
- 9.2.The transfer of the User's own assets, including Digital Assets, to the Platform and receipt of CGC Tokens in return, is an asset exchange transaction but is not a procedure for "selling" CGC Tokens in any interpretation of the term "Sale". The platform is not a financial institution and/or custodian of any assets, including financial assets, of Users.
- 9.3.the Platform is not liable for any damages of any kind (including, but not limited to, indirect, special, incidental, consequential damages or lost profits) in connection with the use of the services by the User, even if the Platform was warned or aware of the possibility of such damages.
- 9.4.in addition, the Platform will not be liable for any compensation, indemnification or damages arising from force majeure or other unforeseen circumstances, including, but not limited to:
- 9.4.1.inability to use CGC Tokens, as a result of any termination or suspension of the Platform's operations, including as a result of power failures, maintenance, defects, system failures or other interruptions;
- 9.4.2.the cost of purchasing replacement goods or services that were required in connection with losses incurred as a result of power failures, maintenance, defects, system failures or other interruptions;
- 9.4.3.any assets, including Digital Assets, costs or liabilities incurred by the User in connection with this Agreement, or in connection with the use of CGC Tokens;
- 9.4.4.any unauthorized access, modification or deletion, destruction, damage, loss or denial of storage of any data, including records, private key, or other credentials associated with any CGC Token.
- 9.5.to the full extent permitted by applicable law, the User will indemnify, protect and release from claims the Platform, its affiliates, agents, (hereinafter referred to as " Platform Parties») all claims, actions, damages, costs and expenses (including attorneys ' fees) that arise from or are related to the User's receipt or use of CGC Tokens, the User's obligations under this Agreement, the User's violation of this Agreement, or the User's violation of any rights of any other person or entity.
- 9.6..to the maximum extent permitted by applicable law, international regulations, CGC Tokens, the Platform, the Platform's Website, all information, software, products, services, and related content are provided on the terms described in this Agreement, as well as on possible individual terms that can be approved in writing between the User and the Platform, without any additional requirements (conditions) not specified in this Agreement. All User guarantees regarding the use of the Platform, the rights and obligations of the Parties to this Agreement, the conditions for obtaining CGC Tokens, and operations with CGC Tokens are described in this Agreement.
All conditions provided for in this Agreement are provided for by the Autonomous operation of the Platform. In terms of The terms of this provision, the Platform/The User community ensures that the Platform operates correctly.
10. REPRESENTATIONS AND WARRANTIES
- 10.1.by Transferring assets, including Digital Assets, in exchange for CGC Tokens on the Platform, the User represents and warrants the following:
- 10.1.1.The user has read and understood this Agreement and Declaration of risks.
- 10.1.2.the User has a sufficient understanding of the functions, use, storage, transfer mechanisms and other material characteristics of their own assets, including Digital Assets based on distributed blockchain network technology, as well as the mechanisms for storing CGC Tokens (the mechanism of operation of the Wallet and similar software and hardware complexes), blockchain technology and software systems based on the flowchart, in order to fully understand the Terms of this Agreement and assess the risks and consequences of obtaining CGC Tokens.
- 10.1.3.the User has received sufficient information about CGC Tokens to make an informed decision to exchange their own assets, including Digital Assets, for CGC Tokens.
- 10.1.4.the User exchanges their own assets, including Digital Assets, for CGC Tokens solely for the purpose of accessing and using the Platform, as well as for the correct functioning of the Platform (supporting the development, testing, deployment and operation of the Platform), being aware of the commercial risks associated with the Platform.
- 10.1.5.Exchange operations (transactions) The user's use of CGC Tokens complies with the applicable laws and regulations of the User's jurisdiction, including, but not limited to, the legal capacity and any other applicable legal requirements in the User's jurisdiction to obtain CGC Tokens, any currency or regulatory restrictions applicable to such exchange, and any government or other permissions that may be required to obtain.
- 10.1.6.the User will comply with any applicable tax obligations in their jurisdiction related to the receipt of CGC Tokens. EBank opening and servicing
- 10.1.7.If a User exchanges Tokens CGC on behalf of any entity, the user has the right to accept this Agreement on behalf of such person, and such person will be liable for violation of the provisions of this Agreement by User or any other employee or agent of such person.
- 10.1.8.the User is not a citizen or resident of a geographical area where access to or use of the platform is prohibited by applicable law, regulation, contract or administrative act; a citizen or resident of a geographical area that is subject to sanctions or embargoes of any sovereign country, or an individual employed by or associated with a legal entity that is specified in any lists of persons or organizations that are denied access to Them, specially designated citizens or blocked persons, or appears in the lists of suspended parties. The user agrees that if their country of residence or other circumstances change so that the above representations apply to the User, they will immediately stop using the Platform. If the User registers to use the Platform on behalf of a legal entity, the User also confirms and guarantees that such legal entity is properly organized and does exist in accordance with the applicable laws of the jurisdiction of his organization, and the User is duly authorized by such legal entity to act on his behalf
- 10.1.9.the Platform, Site, and DAA are not offered for use by individuals and legal entities who are, respectively, citizens/residents and/or legally registered in the United States of America. Individuals and businesses with residence or registration in restricted areas should not use the Platform, the Site, or the DAA — none of the services offered by the Platform are offered in a restricted area.
- 10.1.10.Platform/The User community, at its sole discretion, decides what reasonable organizational and technical measures should be taken to ensure that the Platform, the Platform Site, and the DAA are not accessible to persons from clause 10.1.8.-10.1.9. (up to and including blocking the IP addresses of the respective Users). Platform/The User community is not responsible for any legal or material consequences associated with such use. Any person who meets the criteria in clause 10.1.8. -10.1.9. must immediately stop using the Platform and leave the Platform's Website. Also, persons who use the Platform, the Platform's Website, or the DAA, despite the ban, must reimburse and secure the Platform at their first request/The User community is protected from any legal or material consequences related to their violation of the terms described in clauses 10.1.8. -10.1.9.
- 10.1.11.the User understands and recognizes the risk of possible loss of CGC Tokens, which they exchange for their own assets, including Digital Assets.
11. TAXES AND FEES
- 11.1.1.all actual and potential tax obligations of the User are fulfilled exclusively by the User.
- 11.1.2.All fees payable by the User for the services provided by the Platform do not include taxes — if certain transactions are taxable, the corresponding amount must be added in excess of the number of fees payable.
- 11.2.1.the Platform may charge users of the Platform for providing access to the Platform and using the Platform's services. There are the following types of fees:
- (a) when a User transfers their own assets to the Platform, including Digital Assets, in particular, a certain amount of cryptocurrency, and receives CGC Tokens in return, the Platform charges a Commission of 5% (five percent) of the total value of assets transferred by the User to the Platform (management fee);
- (b) when the User withdraws funds from the Platform (exchanging CGC Tokens for other assets) the User is charged a Commission of 5% (five percent) of the amount of the asset value intended for withdrawal (cash-out fee).
- 11.2.2.All types of fees defined above remain on the Platform in the form of certain types of assets, including in the form of Digital Assets applicable to that particular transaction. Payment of fees is usually integrated into the Platform's source code and performed automatically.
- 11.2.3.the amount of the fee and any additional conditions for the above-mentioned fees are indicated on the Platform's website “www.cgc.capital” for each type of DAA.
- 11.2.4.depending on the operation of the Ethereum blockchain network or other software protocols used, the Platform reserves the right to change the number of fees from time to time.
- 11.2.1.the Platform may charge users of the Platform for providing access to the Platform and using the Platform's services. There are the following types of fees:
12. FINAL PROVISIONS
- 12.1.These Terms constitute the entire agreement between the User and the User Community regarding the subject matter of these Terms, in particular, the use of the Platform's website “www.cgc.capital”, Platforms and DAA. These terms and Conditions supersede all previous or contemporaneous statements, understandings, or agreements between the user and the User Community, regardless of the order they are written or verbally agreed, in relation to the subject matter hereof.
- 12.3.This document does not constitute investment advice, does not constitute an urgent request for sale or subscription, and does not imply an invitation to offer sale or subscription, including CGC Tokens. By exchanging CGC Tokens for various other assets and using CGC Tokens in accordance with this Platform usage Agreement, the User will be bound by this public offering and other terms and conditions included as references.