Paycoin Global Terms and Conditions of Use
Chapter 1 General Provisions
Article 1 (Purpose)
These Terms and Conditions govern the rights, obligations, and obligations, responsibilities, terms of use, procedures, and other related matters between the Company and Members (defined in Article 2 below) when the service user registers as a member and uses the ‘Paycoin Global App Service’ provided by Mobillet (hereinafter referred to as the “Company”).
Article 2 (Definitions)
In these terms and conditions, the terms are defined as follows:
- ‘Paycoin Global App Service’ (hereinafter referred to as ‘Service’) refers to the service provided by the Company, allowing Members to transfer ‘PCI’ through the ‘Mobillet App’ on mobile devices such as smartphones.
- ‘Paycoin Global App’ (hereinafter referred to as ‘Wallet App’) refers to a dedicated application provided by the Company to Members for the purpose of providing ‘services’.
- ‘Members’ refer to persons who install the ‘Wallet App’, apply for membership with the Company, receive the Company’s approval, and enter into a service use contract with the Company.
- 'PCI.' refers to the virtual asset 'Paycoin' (hereinafter referred to as 'PCI') developed and issued by the Company and the virtual assets provided by the Company as part of the services. It also serves as a means of transaction within the service among Members.
- ‘Transfer’ refers to the act of transferring ‘PCI.’ held by a member to another member through identity verification procedures within the service.
- ‘Password’ refers to a service password (6 digits) separately set by a member to use the service as a member identification method used to prevent unauthorized use and access to the service.
- ‘Wallet address’ refers to a member’s unique account consisting of numbers and letters, allowing the exchange of ‘PCI’ among Members for the purpose of sending and receiving ‘PCI’ among Members.
- ‘Service fee’ refers to the service charge that the Company receives from Members when using the transfer service.
- ‘PUSH message’ service refers to the service in which the Company sends messages to a member’s device using the data communication function of the mobile device notification services.
- ‘Access medium’ refers to mobile devices using the ‘Wallet app’ used to provide transaction instructions or to ensure the truth and accuracy of users and transaction details when using this service, and information required to access the service.
Article 3 (Publishment and Revision of the Terms and Conditions)
- ① The Company publish the contents of these Terms and Conditions on the ‘Wallet App’ and the service website to make it easily accessible for members. In this case, important contents of these Terms and Conditions, such as service suspension, subscription withdrawal, contract cancellation/termination, the Company’s disclaimers, etc., will be clearly displayed in bold letters, colors, symbols, etc., or are made visible to members through a separate linked screen to ensure that members can easily read.
- ② If deemed necessary, the Company may revise these Terms and Conditions to the extent that they do not violate the relevant laws and regulations of the country where the service is provided. In the event of revising these Terms and Conditions, the Company will provide notice to Members from 7 days before the effective date through the service’s initial screen and service website, indicating the effective date, revised details, and reasons. However, if the revised terms and conditions are unfavorable for Member or involve significant changes, the Company will announce such changes in the same manner stated in the main paragraph 30 days before the effective date and notify Members through electronic means such as e-mail or push messages. In this case, the Company will compare the pre-revised contents and post-revised contents, making it easy for Members to understand the revisions.
- ③ The Company will check whether a member agrees to the application of the revised terms and conditions. If a member does not agree to the revised terms and conditions, the Company or the member may terminate the service agreement. If a member does not express his or her intention to refuse by the effective date of these Terms and Conditions, he or she may be deemed to have agreed to the revised Terms and Conditions.
Article 4 (Supplementary Rules to the Terms and Conditions)
- ① Matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the individual terms and conditions of service, operating policies and rules separately set by the Company, or the relevant laws and regulations or general commercial practices of the country in which the Service is provided.
- ② If the contents of another agreement or service agreement entered into by Members with the Company conflict with these Terms and Conditions, these Terms and Conditions will take precedence in the use of the service.
Chapter 2 Service Use Agreement
Article 5 (Conclusion and Establishment of Service Use Agreement)
- ① The Service Use Agreement regarding the services provided by the Company requires that a person who wishes to become a member (hereinafter referred to as “applicant for membership”) install the service, agree to the contents of these Terms and Conditions, and then apply for service use in accordance with the methods and procedures set by the Company. The agreement will be concluded when the Company approves the application.
- ② The Company may withhold approval for the applicant's membership application (i.e., postpone provision of services) if any of the following reasons exist:
- If service provision is impossible due to technical reasons
- If the application for use is not verified through email identity verification
- If approval is not possible due to reasons attributable to the applicant, such as omitting or incorrectly entering information when registering for membership.
- If the membership requirements set forth in these Terms and Conditions are not met.
- If the applicant wishes to use the service for illegal purposes or for a separate business purpose.
- If the Company determines that the applicant is seeking membership with the intention of violating the applicable laws and regulations of the country where the service is provided, internal guidelines of supervisory agencies, the Company's terms and conditions, or with the purpose of disrupting or intending to disrupt social well-being, order, and morals and deems the application inappropriate for acceptance.
- ③ If the Company decides to withhold approval of a membership application pursuant to Paragraph 2, the Company will notify the applicant of the postponement of approval.
Article 6 (Termination of Agreement and Restriction of Use)
- ① Members may terminate the service use agreement through the ‘Wallet App’ or service website according to the methods and procedures set by the Company.
- ② The Company may terminate the service use agreement or restrict the use of the service if any of the following reasons exist:
- If the applicant provided false information during applying for membership
- If there are 5 consecutive incorrect entries of login information
- In case of hacking incidents or suspected identity theft
- If a government agency requests service restriction in accordance with relevant laws and regulations, or if there is information provided by a government agency or financial institution that a member's account is suspected of being used for illegal activities.
- If you are involved in, or are reasonably suspected of being involved in, money laundering, unfair transactions, illegal activities, etc.
- If it is determined that it is difficult to provide further services because a member has violated the relevant laws of the country where the service is provided, supervisory regulations, guidelines of the supervisory authorities, or the contents of these Terms and Conditions.
- If it is objectively recognized that the service has been used for unreasonable purposes beyond its intended purpose.
- If a member fails to reflect or update changed personal information despite the change.
- If a member spreads computer virus programs, etc.
- ③ If a member disagrees with to the measures taken by the Company pursuant to Paragraph 2, the member may raise an objection in accordance with the procedures established by the Company, and the Company may resume use of the service if the member's objection is deemed valid.
- ④ If the Company terminates or restricts the service use agreement pursuant to Paragraph 2, the Company will not freeze or arbitrarily dispose of the assets held by a member and will thereafter follow the disposition of the relevant laws of the country where the service is provided or the decisions of government agencies. However, in cases where such disposition is not necessary, settlement will be made in a reasonable manner at the member's request after a certain period.
Chapter 3 Service Use
Article 7 (Commencement of use of service)
- ① The service for members commences from the time the Company approves the applicant’s application for service use.
- ② In cases where the service cannot commence at the time specified in Paragraph 1 due to the Company’s business or technical reasons, the Company will announce this on the ‘Wallet App’ or the service website.
Article 8 (Provision and Use of the Service)
- ① The Company provides the following services to Members.
- Transfer of ‘PCI’
- Confirmation of transaction records
- ② The Company may set maximum/minimum limits for ‘PCI’ transfer in accordance with security policies or regulations. Detailed standards for transfer limits can be found on the ‘Wallet app’ or the service website.
- ③ If the use of the cryptocurrency trading market is suspended or becomes impossible due to reasons such as regulations by government agencies or other force majeure, the Company may take measures to suspend access and all functions of the ‘Wallet App’, resulting in damages incurred to Members. In that case, the Company is not responsible for any damage.
Article 9 (Service Fees)
- ① When a member transfers ‘PCI’ to another member, the Company charges a service fee from the member transferring ‘PCI’
- ② Service fees are listed separately on the ‘Wallet App’ or service website. If there is a change in the service fees, Members will be notified in advance in the manner specified in Article 12.
Article 10 (Service Operating Hours)
- ① The Company provides ‘service’ 24/7 in principle. However, the Company may temporarily suspend the ‘Service’ for business purposes or technical reasons.
- ② If necessary, the Company may divide the ‘Service’ into certain ranges and separately determine the available time for each range.
- ③ In the case of Paragraphs 1 and 2, the Company, in principle, specifically notifies Members of the reasons for the restriction of provision of the ‘Service’ and the duration on the ‘Wallet App’ or service website. However, exceptions apply in cases where the reasons for temporary suspension are not beyond the Company’s control or due to unexpected circumstances.
- ④ The Company may conduct inspections if it deems it necessary to provide the ‘Service’ efficiently, and the inspection schedule will be announced on the ‘Wallet App’ or the service website.
Article 11 (Changes and Discontinuation of the Service)
- ① The Company must notify members in advance of any changes to the content of the ‘Service’, including details and the date of application through the ‘Wallet App’ or service website.
- ② If any of the following reasons related to the operation or technology of the ‘Service’ arise, the Company may change or discontinue all or part of the Service:
- If illegal or inappropriate actions occur or are likely to occur in relation to the ‘Service’
- If a member violates the obligations set forth in these Terms and Conditions
- If it is impossible for the Company to provide ‘services’ for serious management reasons, such as interruption of operations due to business transfer, acquisition or merger, or worsening profitability.
- If reasons such as maintenance and inspection of information and communication facilities, equipment replacement or malfunctions, or communication disruptions occur.
- If there is a disruption in the provision of normal ‘service’ due to power outages, failure of various equipment, or excessive usage, etc.
- If the ‘Service’ cannot be provided due to a natural disaster or other force majeure.
- If it is objectively clear that the Company cannot provide the ‘service’ due to other serious reasons.
- ③ The Company’s obligation to notify service discontinuation under Paragraph 2 shall be carried out in accordance with Article 12. However, in cases where the Company cannot provide prior notice due to unavoidable circumstances, the Company may give post-notice.
- ④ The Company shall not be held liable in any way except for changes or discontinuation of the service due to gross negligence.
Article 12 (Notice to members)
- ① When notifying Members in relation to the operation of the ‘Service’, the Company will notify Members through the ‘Wallet App’, service website, ‘PUSH Messages’, etc. However, in the event of a public notice to all members, the Company may post the notice on the ‘Wallet App’ or service website for at least 7 days.
- ② The Company notifies Members of various information related to service operation by posting it on the ‘Wallet App’ or the service website.
- ③ Members agree to allow the Company to place or present advertisements and other content and materials for promotional purposes as part of the ‘Service’.
Article 13 (Notes regarding service use)
- ① If any of the reasons set forth in Article 6(2) and Article 19 arise, the Company, if necessary, may refuse to process the requested transfers or impose restrictions on the transfer amount and other conditions to prevent damages that may be borne by Members due to ‘PCI’ and other similar transfers.
- ② If there are reasonable grounds to discontinue the provision of the service or if there are reasons related to the relevant laws and regulations of the country where the service is provided, supervisory authorities, government policies, or other similar reasons, the Company may suspend the use of members' 'PCI' in the service.
- ③ The Company will do its best to notify Members in advance of the withholding of ‘PCI’ pursuant to Paragraph 2, and the Company will reserve ‘PCI’ in accordance with the relevant laws and regulations of the country where services are provided to members or the policies of the supervisory authorities, etc. If there is no reasonable reason for the Company to prohibit the transfer of PCI’, the Company will provide support to transfer 'PCI' to a personal cryptocurrency wallet issued by another service within 30 days from the date of the notice regarding the transaction withholding.
- ④ The Company does not guarantee the accuracy of the information and services provided by third parties.
- ⑤ ‘PCI’ is not legal currency and has a high volatility due to various issues such as speculative demand and changes in the regulatory environment. The Company assumes that Members clearly acknowledged and acquired these highly volatile assets. Members are responsible for the use of ‘PCI’, and all profits and losses that may arise from usage belong to Members.
Chapter 4 Obligations of the Parties to the Service Agreement
Article 14 (Obligations of the Company)
- ① The Company makes its best efforts to continuously and stably provide the ‘Service’ in accordance with these Terms and Conditions.
- ② The Company does not disclose or distribute members’ personal information obtained in relation to the provision of the ‘Service’ to third parties without the members’ consent. However, this excludes cases where the information is disclosed through legal procedures in accordance with the relevant laws and regulations of the country where the service is provided.
- ③ The Company promptly handles member complaints related to the ‘Service’. If prompt processing is not possible, the Company will notify Members of the reason and processing schedule by posting it on the ‘Wallet App’ or service website.
- ④ The Company shall be liable for damages incurred by Members due to the ‘Service’ if such damage is due to the Company’s intent or gross negligence.
- ⑤ If the Company decides to take measures pursuant to paragraph 4, the company will notify Members in advance through email, push messages, or notices in principle. However, if a member cannot be contacted due to unavoidable circumstances, the Company may take preventive measures and provide follow-up notice.
- ⑥ The Company faithfully complies with all laws and regulations related to the operation and maintenance of the service in the country where the service is provided.
Article 15 (Obligations of Members)
- ① Members must comply with the provisions of these Terms and Conditions, relevant laws and regulations of the country where the service is provided, service usage guidelines and precautions, and other matters notified by the Company. Members must not engage in any actions that interfere with the Company's business or services.
- ② When using the Service, Members must not engage in any of the following acts:
- Entering false information or stealing or illegally using a third party’s information when applying for or changing the service
- Manipulating or duplicating and using the service in an illegal manner
- Reproducing, distributing, or commercially using information obtained using the Company’s service information without the Company’s prior consent.
- Uploading or distributing computer virus-infected material that causes malfunction of equipment related to the service or destruction or confusion of information, etc.
- Infringing on intellectual property rights, such as copyrights, of the Company and other third parties.
- Damaging the reputation of the Company or other third parties or interferes with their business.
- Disrupting the fair-trading order by unfairly influencing the market price of ‘PCI’
- Collecting, storing, or disclosing other members’ personal information
- Other similar acts such as, altering information posted by the Company
- Other illegal or acts that violate public order and morals and social norms.
- ③ If a member commits any of the acts specified in Paragraph 2, the member must accept without objection any measures taken by the Company, including partial or full restriction of service or termination.
- ④ If damage occurs to the Company due to a member's actions specified in each subparagraph of Paragraph 2, the member must faithfully compensate the Company for the damages.
- ⑤ If the Company faces various lawsuits or objections, including claims for damages, from a third party due to a member's illegal actions or violation of these Terms and Conditions, the member must indemnify the Company at his or her own responsibility and expense and must compensate the Company for all resulting damages.
- ⑥ Members cannot transfer or give the right to use the service or other status under the service use contract to a third party.
Article 16 (Ownership of Intellectual Property Rights and Prohibition of Infringement)
- ① Copyrights and intellectual property rights for the services provided by the Company belong to the Company.
- ② Members must not reproduce, transfer, disclose, distribute, broadcast, or sell any information, technology, or data obtained while using the services provided by the Company, for which intellectual property rights belong to the Company or a third party, without the prior consent of the Company or the provider.
- ③ This article remains valid while the company operates the service, and continues to apply even after membership withdrawal.
Article 17 (Responsibility for Managing Access Device)
- ① Members are responsible for storing and managing personal information and ‘access devices’ required to use the service. Members cannot lend, transfer, or engage in similar acts regarding personal information and ‘access devices’ to a third party, and all responsibilities arising from such actions lie with Members.
- ② Members must not allow third parties to use their personal information and ‘access devices’ required to use the service. If Members become aware that their personal information or ‘access devices’ have been stolen or used by a third party, they must immediately notify the Company of such incidents and follow the Company’s instructions.
- ③ In cases specified in Paragraph 2, the Company shall not be held liable for any disadvantage arising from a member's failure to notify the Company of the incident or, even if notified, to follow the Company's instructions, unless there is intent or negligence on the part of the Company.
Article 18 (Changes to Member Information)
Members must make corrections using the method specified by the Company if there are changes to the information provided when applying for service use, The Company is not responsible for any issues arising from members' failure to update changes in a timely manner.
Article 19 (Report of Loss or Theft of Access Devices)
- ① In case of loss or theft of ‘access devices’, Members must immediately report it to the Company. In such cases, the Company takes measures to prevent ‘PCI’ transfers, limited to cases were the report is received.
- ② If a member who has followed the procedures in Paragraph 1 wishes to apply for compensation for 'PCI' caused by loss or theft, the member may apply for compensation to the Company. In this case, the member may apply for compensation to the company for damages resulting from for 'PCI' transactions occurring after the time of reporting the loss or theft.
- ③ Notwithstanding Paragraph 2, Members are fully responsible for damages in the following cases:
- Unauthorized use due to negligence in management, lending, transfer of ‘access devices’, collateral provision, or third-party storage, etc.
- Unauthorized use by leaking verification information such as password
- Unauthorized use by a member’s family or cohabitant
- Failure to cooperate with the investigation process designated by the Company to investigate damage from unauthorized use.
- In cases where damage investigation, etc. becomes impossible due to delayed compensation claims after reporting loss or theft.
- Failure to immediately report the loss or theft of ‘access devices’ upon awareness
Article 20 (Protection of Personal Information of Members, etc.)
- ① The Company strives to protect members’ personal information in accordance with the relevant laws and regulations of the country where the service is provided. Matters concerning the protection of members' personal information are governed by the relevant laws and regulations of the country where the service is provided and the Privacy Policy established by the Company.
- ② The Company performs tasks such as handling and management of collected personal information on its own in principle. However, if necessary, the Company may outsource some or all of these tasks to a company selected by the Company, in accordance with the personal information protection laws of the country where the service is provided.
Chapter 5 Resolution of Disputes
Article 21 Disclaimer of the Company
- ① If the Company is temporarily or permanently unable to provide services due to force majeure or other similar disasters, maintenance, replacement, or malfunction of information and communication facilities, or communication interruptions, the Company is exempt from liability for service provision. In such cases, the Company will notify Members by posting such circumstances on the Company’s service website or by other available notification methods.
- ② The Company is not responsible for any disruption in service use or its consequences due to reasons attributable to Members.
- ③ In the event of a dispute arising from a transaction among Members or between a member and a third party through the service, the parties involved in the transaction must handle necessary post-processing, including dispute resolution, personally. The Company has no obligation to intervene in this regard and is not responsible for compensating Members for damages. However, if the situation is serious and Members request mediation, the Company may be involved in resolving the issue.
Article 22 (Dispute Resolution)
- ① The Company operates a customer service center to address valid opinions and complaints raised by Members and to handle any inconveniences.
- ② The Company promptly handles opinions and complaints raised by Members in principle. However, if prompt processing is difficult, the Company will notify Members of the reason and processing schedule.
- ③ If a dispute arises between the Company and a member, it may be subject to mediation by a dispute resolution agency.
Article 23 (Governing Law and Jurisdiction)
- ① All disputes (including lawsuits) related to these Terms of Use will be governed and interpreted in accordance with the laws of Japan.
- ② If a dispute arises between the Company and a member regarding the use of the service, the Company and the member will make efforts to resolve the dispute in good faith to resolve the dispute.
- ③ If the dispute is not resolved through negotiation under Paragraph 2, litigation between the parties will be governed by the provisions of the competent court under the Japanese Civil Procedure Law. The same applies if the address or residence of the user is unclear at the time of filing a complaint or if the user resides in a foreign country.
Addendum
These Terms and Conditions is effective as of March 18.2024.