IDENTIFICATION OF THE SERVICE PROVIDER:
Holder: KUAILIAN APP OÜ.
Tax Identification Number: 14909553.
Registered Office: Harju Maajond, Tallin, Kesklinna Iinnaosa, Roseni th 13, 10111. Estonia.
Actions with Cryptocurrencies, which are complex products, are not simple, they are difficult to understand, and their complexity makes their acquisition, in general, not considered suitable for non-professional users.
Cryptocurrency markets and their derivatives are considered high risk due to their high volatility and therefore products traded on such markets are not advisable for any user, who should carefully consider whether his contributions are appropriate and in line with his personal circumstances and financial resources. The risk of loss inherent in operating in cryptocurrency markets and their actions can be considerable, therefore users of the platform must understand the risk arising from the inherent volatility that exists and must take responsibility for such associated risk and its results.
In no case should this information be treated as a subscription recommendation, nor as financial advice, therefore it will be up to the user to make his own decisions based on his knowledge and experience.
The results and statistics of the KUAILIAN platform that are shown should be considered as theoretical, in other words, as a simulation of the results that would have been produced in the past, when applying these systems in the market, including data related to the results of operations in the real market, when these are available.
The responsible for this website and its applications is not responsible for any losses or gains that may arise from the use of the information or software that any user or recipient of this information may make on their own operations or account. The sole and exclusive purpose of this website and its applications is to inform about the correct use of its products, without this constituting in any way an offer or solicitation to buy or sell any share, investment fund, pension plan, future, option, or any other derivative instrument, which we do not sell in any case.
Under no circumstances does The Company provide investment services, nor does it offer investment advice on any type of financial product. The past performance that The Company may publish or report by any means does not guarantee that such performance will be maintained in the future, which therefore could be higher or lower. The risk inherent in trading or operating in the cryptocurrency market can be substantial and the potential user of the platform must consider the risks inherent in such trading and must assume responsibility for such risk. In addition, the potential user of the platform should consider whether their contribution is appropriate to their financial circumstances.
Table of contents
- Subject matter of the agreement
1.1. Determination of the subject matter of the contract.
1.2. Glossary of terms
- Definition of the services provided.
2.1. BASIC (STANDARD) subscription.
2.2. PRO subscription.
2.3. ELITE subscription.
2.4. Extensions and/or modifications to the services offered by The Company.
- Subscription contracting procedure, price, method of payment, change of subscription and renewals.
3.1. Contracting procedure.
3.2. Price of subscriptions.
3.3. Method of payment of subscriptions.
3.4. Switching from BASIC to PRO or ELITE subscription, or from PRO to ELITE subscription.
3.5. Renewal of PRO and ELITE subscriptions.
- Purchase procedure of MS SPU/ HR SPU, collection of returns generated by MS SPU/HR SPU and liquidation thereof.
4.1. Purchase of MS SPU.
4.2. Purchase of HR SPU.
4.3. Collection of the returns generated by the MS SPU/HR SPU.
4.4. Liquidation of MS SPU/HR SPU.
4.5. Calculation of MS SPU/HR SPU liquidations.
4.6. Cancellation of the User´s account.
- User’s obligations.
- Contractual termination, grounds and effects.
6.1. Grounds for termination of the contract.
6.2. Effects of termination.
- Transparency and information of the User’s products.
- Invoicing and taxation of the operations carried out in the platform.
- Right of withdrawal.
- Money laundering.
- Intellectual and industrial property rights.
- Assignment of the contract.
- Protection of personal data.
- Safeguard clause.
- Customer service, language of communications.
- Jurisdiction and applicable law.
1. SUBJECT MATTER OF THE AGREEMENT:
1.1. Determination of the subject matter of the contract:
1.1.1. This document establishes the Terms and Conditions regulating the provision by the Company to Users of the services offered through the website located at the URL https://kuailiandp.com, as well as the subdomains of said website, or its applications.
1.1.2. These Terms and Conditions describe the various services provided by The Company, the manner in which they are provided and the rights and responsibilities of the parties, with the purpose of providing Users with transparent information on the details of the services purchased by them and to enable them to give prior and duly informed contractual consent.
1.1.3. The ticking of the corresponding box in the contracting process, as well as the fact of following all the established telematic steps, either through the website or its applications, implies the express acceptance of these Terms and Conditions by the User, having the same validity as their handwritten signature in person.
1.1.4. By ticking the corresponding box in the contracting process, the User acknowledges that he/she is over 18 years of age and has sufficient capacity to acquire the obligations arising from his/her actions through the website and its applications, that he/she has previously read its content and that he/she understands it.
1.1.5. To keep the contractual framework as up to date as possible, The Company may carry out modifications to these Terms and Conditions, of which the User will be informed in advance for acceptance or rejection in the event that they are substantial and affect his rights. If accepted by the User, the new Terms and Conditions will fully replace the conditions in force up to that time. In the event that the new Terms and Conditions are not accepted because the modification is substantial and affects the User’s rights, the contractual relationship will be terminated, from that moment, without prejudice to the fulfilment of outstanding or pending obligations, especially those of economic nature, proceeding the Company to make a direct liquidation in accordance with the calculation established in clause 4.5.4. of these Terms and Conditions.
1.1.6. Changes, amendments, modifications, alterations, additions or deletions of terms shall be made primarily, but not limited to, for the following purposes:
188.8.131.52. Correct any errors or mistakes in the documents.
184.108.40.206. Give more examples in open listings.
220.127.116.11. Clarify aspects that have not been clearly understood by users.
18.104.22.168. Provide more information on how the system works.
22.214.171.124. Adapt to new products or services that the Company operates, offers, or launches.
126.96.36.199. Adapt to new regulations or laws that may apply to the activity of staking.
188.8.131.52. Adapt and comply with any supervisory body or third-party body to which it may become subject in the future.
1.2. Glossary of terms:
The following terms used in this agreement shall have the following meanings:
1.2.1. “The Company”: KUAILIAN APP OÜ, service provider.
1.2.2. “Website”: URL https://kuailiandp.com, as well as any subdomains of such website, its applications, and any applications, software, email, or other web pages that the Company uses to provide the Services (this includes the Service itself).
1.2.3. “Service”: is the Company’s POS Software service, which allows individuals to remotely rent computer processing by participating in a collective Staking Pool, using the website.
1.2.4. “Subscription”: Acquisition of software licences from The Company.
1.2.5. “Software license”: allows the User to access the Company’s website and services.
1.2.6. “User”: the person who registers on the platform, uses the platform, and buys the products offered by The Company.
1.2.7. “User account”: the personal access to the service within the Company’s system.
1.2.8. “Platform”: it is a graphical user interface to use the services.
1.2.9. “Cryptocurrency”: intangible digital asset based on cryptographic technology that enables the decentralised peer-to-peer (P2P) transfer of value. Its price is set by market supply and demand.
1.2.10. “Staking”: it is the process of acquiring cryptocurrencies and holding them locked in a wallet for the purpose of earning returns.
1.2.11. “Pool”: group of users cooperating for the purpose of mining/verifying blocks of a blockchain. The purpose of this grouping is to facilitate mining and to obtain equitable benefits for all within the group.
1.2.12. “Blockchain”: it is a unique record, consensual and distributed among several nodes of a network, in which every transaction that takes place in the network is recorded.
1.2.13. “Wallet”: it allows cryptocurrencies to be stored and transfers to be made without the need for third parties.
1.2.14. “Cold Wallet”: cryptocurrency wallets that store private keys without an internet connection. They allow transactions to be signed without ever exposing the private keys, which is why they are considered the most secure wallets.
1.2.15. “Hot Wallet”: cryptocurrency wallets that store private keys with a permanent internet connection. Such as web services, desktop, and mobile applications.
1.2.16. “Private key”: mathematically related to an address that can be used publicly to receive funds. This key is what makes it possible to transfer funds from a wallet.
1.2.17. “Public key”: it is used to receive transactions and view their traceability through the Blockchain. As an example, it is the equivalent of a bank account in the world of cryptocurrencies.
1.2.18. “MS SPU (MULTI STRATEGY)”: it is a unit of staking capacity where each MS SPU has a value of 100 USDT. The holders of MS SPU will have no rights or intervention in decision-making or in the activities of The Company. The MS SPU are not securities, shares, or any type of equivalent and therefore do not grant the right of ownership over The Company. This product consists of the sum and diversification in an equitable way between the three initial configurations: starter, in- termediate and advanced. Having an MS SPU is equivalent to having approximately 1/3 of each of the previous Kuai LR / MR / HR licenses.
1.2.19. “HR SPU (ELITE)”: it is a unit of staking capacity with high volatility, considered a high-risk product, with potentially higher returns than MS SPU. The holders of HR SPU will have no rights or intervention in decision-making or in the activities of The Company. The HR SPU are not securities, shares, or any type of equivalent and therefore do not grant the right of ownership over The Company.
1.2.20. “Token”: they are units that represent an asset that use for its operation the technology of another cryptocurrency.
1.2.21. “Exchanges”: entities that carry out their activity in a virtual environment in which they offer cryptocurrency trading services.
1.2.22. “2FA”: it is a security system that is used as an additional layer of security, in addition to the usual user and password access data, the user is asked to enter a second password that changes over time that only the server and the user know.
1.2.23. “KYC”: process of identification and verification of the identity of the User in which a series of controls and checks are applied to avoid commercial relationships with people related to terrorism, corruption, or money laundering, amongst others.
1.2.24. “Friend Plan”: system to obtain bonuses from The Company for the promotion of its products and services.
1.2.25. “Back Office”: website application for the User to interact with the platform and purchase products and services by accessing with their username and password.
2. DEFINITION OF THE SERVICES PROVIDED:
The Company offers the MULTISTRATEGY AND HR ELITE product with three types of subscriptions to be able to use the software, purchase MS SPU / HR SPU, operate through its platform, and opt for the provision of the different services offered on the website.
2.1. BASIC SUBSCRIPTION:
2.1.1. Through the BASIC SUBSCRIPTION, the User acquires a free license of the
Company’s software that gives him the right to access the purchase of MS SPU and
the Staking Pool, to obtain returns from his MS SPU.
2.1.2. With this subscription the user can buy up to a maximum of 5 MS SPU and does not need to complete the KYC process.
2.2. PRO SUBSCRIPTION:
2.2.1. Through the PRO SUBSCRIPTION, the User acquires the Company’s software
license, for a period of one year, which entitles him to the provision of the
184.108.40.206. Access to purchase of MS SPU.
220.127.116.11. Access to the Staking Pool to obtain returns from his MS SPU.
18.104.22.168. Access to the Friend Plan module.
22.214.171.124. Access to the Kuailian Academy, which allows the access basic online courses, meet instructors and discover the importance of educating oneself about the Fintech Economy. Access to 4 online courses created by experts in Finance, Blockchain, Personal Development and Networking. The Academy provides a complete guide for the first steps in the decentralized economy.
126.96.36.199. Access to Discover Kuailian, a marketing tool or sales funnel that allows the User to increase his relationship with new users through the promotion with an explanatory page of the different products and technology of the ecosystem. The User has at his disposal a back office within the same tool for the partial edition of the information to be displayed so that new Users can contact him or subscribe with his referral link.
2.2.2. With this subscription the client will be able to buy up to a maximum of 8 MS SPU without completing the KYC process. If you complete this process, the purchase of MS SPU will be unlimited.
2.3. ELITE SUBSCRIPTION:
2.3.1. Through the ELITE SUBSCRIPTION, the User acquires the Company’s software
license, for a period of one year, which entitles him to the provision of the
188.8.131.52. Access to purchase of MS SPU.
184.108.40.206. Access to the purchase of HR SPU. The User of this subscription can purchase HR SPU with a high-risk level; HR SPU is more volatile than MS SPU; however, its returns have a much higher potential return than MS SPU.
220.127.116.11. Access to the Staking Pool to obtain returns from his MS SPU / HR SPU.
18.104.22.168. Access to the Friend Plan module.
22.214.171.124. Access to the Kuailian Academy, which allows the access to basic online courses, meet instructors and discover the importance of educating oneself about the Fintech Economy. Access to 4 online courses created by experts in Finance, Blockchain, Personal Development and Networking. The Academy provides a complete guide for the first steps in the decentralized economy.
126.96.36.199. Access to the Elite Academy, which allows full access to advanced online courses. It covers 4 key pillars for a Fintech entrepreneur: Online courses in Blockchain, Finance, Networking and Personal Development in 8-10 minute videos that come with a workbook and daily exercises to try out. It also gives access to special channels and communities. Elite students will be able to purchase Elite Programmes at discounted prices.
188.8.131.52. Access to Discover Kuailian, a marketing tool or sales funnel that allows the User to increase his relationship with new users through the promotion with an explanatory page of the different products and technology of the ecosystem. The User has at his disposal a back office within the same tool for the partial edition of the information to be displayed so that new Users can contact him or subscribe with his referral link.
184.108.40.206. Access to Discover Kuailian Elite: Enhanced tool with more functionalities than Discover Kuailian, including: Extended interactive presentation (Prezi), social media positioning course (currently under development), more complete customisation level and access to the rotation system specific to this tool.
2.3.2. With this subscription the client may purchase up to a maximum of 8 MS SPU without completing the KYC process. If you complete the KYC process, the purchase of MS SPU will be unlimited.
2.4. Extensions and/or modifications to the services offered by The Company:
2.4.1. The Company may extend and/or modify the services provided, by means of the
relevant modification of these Terms and Conditions and with the prior express
consent of the User if it affects any rights granted in his favour.
2.4.2. If the User’s consent is not obtained and the modification affects any rights granted in his favour, the contractual relationship will be terminated, from that moment, and his participation in the Staking Pool will be liquidated in accordance with the calculation set out in clause 4.5.4. of these Terms and Conditions.
3. SUBSCRIPTION CONTRACTING PROCEDURE, PRICE, METHOD OF PAYMENT, CHANGE OF SUBSCRIPTION AND RENEWALS:
3.1. Contracting procedure:
3.1.1. The subscription contracting procedure is completely telematic, through the website
or its applications, by creating a User account through prior registration.
Subscriptions can be formalised in two ways:
220.127.116.11. Through the website or its applications, by creating an account where the following data will be requested: (i) first and last name; (ii) mobile phone; (iii) email; (iv) date of birth; (v) current full address; (vi) valid identity document; (vii) cryptocurrency wallet; (viii) name and password of the User’s account. After completing the registration data, the User will be automatically assigned a User enrolled in the Friend Plan and his/her account will be activated, having to expressly accept these Terms and Conditions to be able to sign up for subscriptions.
18.104.22.168. Through the URL link provided by a User who is a member of the Friend Plan and by creating an account where the following data will be requested: (i) first and last name; (ii) mobile phone; (iii) email; (iv) date of birth; (v) current full address; (vi) valid identity document; (vii) cryptocurrency wallet; (viii) name and password of the User’s account. After completing the registration data and confirming that he/she is registering to be able to purchase subscriptions through the URL provided by the User enrolled in the Friend Plan, his/her account will be activated, having to expressly accept these Terms and Conditions to purchase subscriptions.
3.1.2. In both cases, the Company will ask the User to indicate the country of origin or residence. Once the account has been activated, the User may activate confirmation by 2FA, an application that the customer can download to their mobile phone so that The Company, for security reasons, can modify their password every 30 seconds, so that every time the customer wants to access their account, they must fill in the code that will appear on their mobile phone. It is advisable to have the 2FA activated to protect the access to the User’s account.
3.1.3. After completing the above steps, the User acquires the BASIC SUBSCRIPTION, as set out in clause 2.1 of these Terms and Conditions.
3.1.4. In any case, The Company reserves the right to refuse admission to any User, provided that the exclusion is based on objective conditions of admission or exclusion.
3.1.5. The User shall not share the User account password with any other person or allow any other person to use his user account. In no event shall The Company be liable for any misuse of the password or subscription account by any third person other than the User.
3.1.6. The acquisition of more than one account per User is strictly prohibited; in the event that the Company discovers the ownership of more than one account by a User, it will block the last account registered, forfeiting the price paid for the subscription and liquidating the contributions - if there has been a purchase of SPU - made to the Staking Pool, in the account of the cancelled subscription in accordance with the calculation set out in clause 4.5.4. of these Terms and Conditions.
3.1.7. The User undertakes to provide the Company, in a complete and truthful manner, with all information necessary and required for the purposes of confirming the User’s identity and expressly authorises the Company to carry out the verification actions that it deems appropriate in this regard.
3.2. Price of subscriptions:
3.2.1. To purchase a PRO SUBSCRIPTION, the User shall pay the price of FORTYNINE AND NINETY-FIVE USDT (49.95 USDT) which grants the right to a
license of the Company’s software for one year in accordance with clause 2.2 of
these Terms and Conditions.
3.2.2. To purchase an ELITE SUBSCRIPTION the User shall pay the price of TWO HUNDRED AND FORTY-NINE AND NINETY-FIVE USDT (249.95 USDT) which grants the right to a license of the Company’s software for one year in accordance with clause 2.3 of these Terms and Conditions.
3.3. Method of payment of subscriptions:
3.3.1. When the User clicks on these subscriptions, a window will open where he/she can
scan the QR code with the instructions to proceed with the payment of the
3.3.2. If the User does not complete the amount corresponding to the subscription price, the Company shall suspend the activation of the account and notify the User of the unpaid portion of the price, which must be completed within five calendar days since the notification. If the User does not complete the pending part of the price, the registration will be deemed not to have been made and the amount paid will be refunded.
3.3.3. In the event of payment of a higher amount than the subscription price, the Company shall create a virtual balance in favour of the User, which can be used to obtain any product on the Market Place.
3.4. Switching from BASIC to PRO or ELITE subscription, or from PRO to ELITE subscription.
3.4.1. If a BASIC SUBSCRIPTION user wishes to purchase more than 5 MS SPU, he/she
must purchase the PRO OR ELITE SUBSCRIPTION, pay the price thereof, which
will allow the purchase of a maximum of 8 MS SPU in total without completing the
KYC process, or more than 8 MS SPU by completing the KYC process.
3.4.2. If a User with a PRO subscription wishes to purchase the ELITE subscription, he/she may do so by paying the full amount thereof, not the difference between the amount paid for the PRO subscription and the price of the ELITE subscription.
3.5. Renewal of PRO and ELITE subscriptions:
3.5.1. The Company, two months, one month and one week before the expiry of the
subscription, shall communicate to the User via the website or its applications (back
office) and via email, various notices with a link to renew the subscription of the
Company’s software licence for another year.
3.5.2. In this link the client will be redirected to the Terms and Conditions, in force at that time, so that he can expressly accept them, and the relevant window will open, with the QR code, to proceed with the payment of the renewed subscription.
3.5.3. If the User does not complete the amount corresponding to the renewal price, The Company shall notify the User of the unpaid portion of the price, which must be completed within five calendar days of the notification. If the User does not complete the outstanding part of the price, the renewal shall be deemed not to have been made and the amount paid shall be refunded.
3.5.4. In the event of payment of a higher amount than the renewal price, the Company will create a virtual balance in favour of the User, which can be used to obtain any product on the Market Place.
3.5.5. If a User does not wish to renew his PRO or ELITE SUBSCRIPTION at the expiry of the year, he shall cease to be able to use the services specified in clauses 22.214.171.124., 126.96.36.199., 188.8.131.52., 184.108.40.206., 220.127.116.11., 18.104.22.168., 22.214.171.124., 126.96.36.199., and 188.8.131.52. of these Terms and Conditions, without prejudice of maintaining the bonuses obtained up to that time under the Friend Plan
4. PURCHASE PROCEDURE OF MS SPU / HR SPU, COLLECTION OF THE RETURNS GENERATED BY MS SPU / HR SPU AND LIQUIDATION THEREOF
4.1. Purchase of MS SPU:
4.1.1. The User, after purchasing a subscription, under the conditions detailed in clause
3 of the present Terms and Conditions, is entitled to purchase MS SPU (Staking
Power Unit Multi Strategy) at a price of ONE HUNDRED USDT (100 USDT)
4.1.2 Of this amount, TWENTY PERCENT (20%) will be used to pay for the integral maintenance of the Company’s system, and the remaining EIGHTY PERCENT (80%) will be incorporated, after conversion into different Tokens, into the Platform Pool to start yielding returns.
4.1.3. The User shall complete the KYC (Know Your Customer) process if the User wishes to purchase more than eight (8) MS SPU.
4.1.4. Prior to such purchase of more than 8 MS SPU, the User shall complete the KYC process in order to comply with anti-money laundering regulations and in order to confirm the User’s identity.
4.1.5. The time limit for completion of the KYC process shall be 90 days.
4.1.6. The User undertakes to provide the Company, in a complete and truthful manner, with all the necessary information required for the purposes of determining the legality of the origin of the funds provided for the purchase of MS SPU and for the purposes of confirming the identity of the User, expressly authorising the Company to carry out the verification actions it deems appropriate in this regard.
4.1.7. Furthermore, The Company reserves the right to confirm the purchase of MS SPU by the User, among other reasons, when it does not have the necessary information to determine the legality of the origin of the funds provided or because it is subject to availability at the time of confirmation of the purchase order.
4.1.8. The Company may request any other documentation from the User during the KYC (Know Your Customer) process; for the sole purpose of confirming the User’s identity and complying with money laundering prevention regulations, extending the deadline for completing the purchase to 30 days from The Company’s receipt of the information requested to the User.
4.1.9. In the event of failure to complete the KYC process, the User may only purchase MS SPU subject to the limitations set out in clause 2 of these Terms and Conditions.
4.1.10. The purchase of the MS SPU is carried out through the website or its applications, in the MS SPU purchase tab, indicating the number of MS SPU to be purchased and paying the corresponding amount using the QR code containing the instructions to proceed with the payment.
4.1.11. The activation of the MS SPU shall be done within a maximum of 30 days.
4.1.12. If the User does not complete the amount corresponding to the purchase price, the Company will notify the User of the part of the price that remains to be paid, which must be completed within five calendar days from the notification. If the User does not complete the pending part of the price, the purchase will be deemed not to have been made and the amount paid will be refunded.
4.1.13. In the event of payment of a higher amount than the purchase price, the Company will create a virtual balance in favour of the User, which can be used to obtain any product on the Market Place.
4.2. Purchase of HR SPU:
4.2.1. The price of HR SPU is more volatile and its returns are, potentially, much
higher than those of MS SPUs, so it can be said that it is a high-risk product.
4.2.2. The User acquiring HR SPU must first complete and pass an aptitude test, expressly confirming by means of acceptance in the tab provided for this purpose that he/she has the minimum knowledge required for the acquisition of this type of product.
4.2.3. The price of the HR SPU is of ONE HUNDRER USDT (100 USDT) per unit.
4.2.4. TWENTY PERCENT (20%) of the said amount shall be used to pay for the integral maintenance of the Company’s system, and the remaining EIGHTY PERCENT (80%) shall be incorporated, after conversion into different Tokens, into the platform Pool to start yielding returns.
4.2.5. To purchase HR SPU, the User must have a current and in force ELITE subscription, purchase a minimum of 10 HR SPU and have a minimum purchase of 20 MS SPU.
4.2.6. HR SPUs may be purchased through the website or its applications, in the HR SPU
purchase tab, indicating the number of HR SPUs to be purchased, and paying the
corresponding amount using the QR code containing the instructions to proceed
with the payment.
4.2.7. The activation of the HR SPU shall be done within a maximum of 30 days.
4.2.8. If the User does not complete the amount corresponding to the purchase price, the Company will notify the User of the part of the price that remains to be paid, which must be completed within five calendar days of notification. If the User does not complete the pending part of the price, the purchase will be deemed not to have been made and the amount paid will be refunded.
4.2.9. In case of payment of an amount higher than the purchase price, the Company will create a virtual balance in favour of the User that can be used to obtain any product on the Market Place.
4.3. Collection of the returns generated by the MS SPU / HR SPU.
4.3.1. The User is entitled to receive the yields obtained from the amount
contributed to the Pool with the purchase of his MS SPU/HR SPU according
to his percentage of participation in the Pool out of the total value of the
contributions made to the Pool by all the users of the Platform. The
Company will distribute 65% of the returns obtained from the Pool among
the Users, destining 21% to payment of bonuses from the Friend Plan and
the remaining 14% will be the Company’s profit.
4.3.2. The yields will be generated daily, in USDT, and can be verified by the User in his back office, where his percentage of participation in the Pool will also be recorded.
4.3.3. The Company will pay in the wallet provided by the User, every SEVEN (7) days, in USDT, the daily returns generated. If the process allows it, the payment of the yields will be made before these 7 days.
4.3.4. The Company will pay the returns preferably in USDT, but may, at its election, pay said amount through the cryptocurrency that it deems duly guarantees the returns payment.
4.3.5. Network or blockchain transaction fees or commissions for the delivery or receipt of any cryptocurrency from the User, as well as fees that may be charged by certain digital wallets, wallet addresses, tools and software and third-party devices used by the User, including transaction or transfer fees, shall be paid by the User.
4.4. Liquidation of MS SPU and HR SPU:
4.4.1. The User will not be allowed to liquidate his MS SPU and HR SPU until
ONE HUNDRED EIGHTY THREE DAYS (183) from the date of activation
of his MS SPU and HR SPU have elapsed.
4.4.2. After the expiry of this period, the User may request the liquidation of his MS SPU and HR SPU included in each purchase contract with a unique code. It is not possible to request the partial liquidation of the MS SPU and HR SPU included in the same contract.
4.4.3. The liquidation shall be carried out upon request of the User via his Back office. By clicking on the liquidation button, you will be prompted to start the liquidation process of your MS SPU/HR SPU purchase contract. Each MS SPU/ HR SPU purchase contract, identified by a unique code, shall be fully liquidated. A contract cannot be partially liquidated. By clicking on liquidate, a request will be generated for the Company’s liquidation department to initiate the process, and the User agrees that his/her contract goes into suspension and ceases to generate daily returns during the suspension. The liquidations department, within 30 days, will notify you in your back office of the amount of USDT available from your liquidation to send to your wallet, that will be the moment in which you may accept or reject the liquidation.
4.4.4. The Company will pay the liquidation amount preferably in USDT, but may, at its election, pay said amount through the cryptocurrency that it deems duly guarantees the payment of the liquidation.
4.4.5. The amount of the fees involved in the transfer to the wallet designated by the User, both those set by the network being used and those set by the Exchanges, do not depend on the Company, and will be charged in the amount of the liquidation notified.
4.4.6. If the User accepts the notified liquidation, the process will be completed, and the liquidation will be sent to the clients’ wallet. Once the liquidation has been sent, the status of your contract will change to “liquidation completed” and you will be notified of the hash of the transaction.
4.4.7. If the User rejects the notified liquidation, his contract will be resumed within 30 days of pressing the liquidation rejection button and will resume generating returns once the contract is restarted.
4.4.8. The User can restart the liquidation request at any time.
4.5. Calculation of MS SPU/HR SPU liquidations:
4.5.1. Each User shall have a percentage of participation in the Pool which shall be calculated by the total of his contributions to the Pool for the purchase of MS SPU/ HR SPU (80% of the purchase price) in relation to the total contributions made to the Pool by all Users, calculated on the previous day.
USER 1: PURCHASED MS SPU/HR SPU: 10
PURCHASE PRICE: 1.000 USDT.
CONTRIBUTION TO THE POOL: 80%
VALUE CONTRIBUTED TO THE POOL: 800 USDT
CONTRIBUTIONS TO THE POOL MADE BY ALL USERS: 1.000.000 USDT.
% USER PARTICIPATION 1: 800/1.000.000 = 0,08%
4.5.2. The percentage of participation is not constant, as it will vary according to the
User’s contributions in relation to the total contributions at any given time.
4.5.3. The calculation of the liquidations of the MS SPU/HR SPU shall be carried out by applying the User’s participation percentage to the total listed value of the Pool calculated at the time of the sale of the tokens to the Exchange. The market value of the Pool shall be equal to the market value of the total contributions made, that is to say, considering any capital gains or losses that may occur according to the market.
USER 1 CONTRIBUTION TO THE POOL: 800 USDT
PERCENTAGE OF USER 1 CONTRIBUTION: 0,08%
POOL QUOTATION VALUE WITH CAPITAL GAIN: 1.200.000 USDT
GROSS AMOUNT OF THE LIQUIDATION: 960 USDT
POOL QUOTATION VALUE WITH CAPITAL LOSS: 800.000 USDT
GROSS AMOUNT OF THE LIQUIDATION: 640 USDT
4.5.4. The calculation process for the liquidation of the MS SPU/HR SPU shall be the same as that described in this clause in the event of termination of the contract for any reason referred to in these Terms and Conditions.
4.6. Cancellation of the User’s account:
4.6.1. The account of a User who has a BASIC subscription will be cancelled if the User
remains without any SPU purchased for 30 calendar days.
4.6.2. The account of the User who has a PRO or ELITE subscription and the term of the subscription has expired (ONE YEAR) without renewal will be cancelled if the User remains without purchasing SPUs for 30 calendar days from the expiry of the subscription term.
5. USER’S OBLIGATIONS:
5.1. The User must comply with the following obligations within the relationship covered by these Terms and Conditions, and in the event of non-compliance, the User’s account will be blocked, or the contract will be terminated:
5.1.1. To provide The Company, in a complete and truthful manner, with all necessary
information required for the purposes of confirming his identity and determining
the legality of the origin of the funds provided for the purchase of MS SPU / HR
SPU and expressly authorise The Company to carry out the verification actions it
deems appropriate in this regard.
5.1.2. Guarantee that the funds sent to the Company are legitimate and their origin is entirely lawful.
5.1.3. Use the services provided by the Company solely for his own benefit.
5.1.4. Not to abuse any campaign or discounts offered by the Company.
5.1.5. Not to use any means to mask Internet traffic and IP address when hiring or using the services provided by The Company.
5.1.6. Not to use or exploit errors in the design of the website or its applications, for commercial or personal benefit, or with the aim of interrupting or destabilizing the services provided by The Company.
5.1.7. Not to register more than one account in your name, or use third parties, natural or legal persons, to avoid compliance of this obligation.
5.1.8. Pay the whole amount of the subscriptions purchased or for the MS SPU / HR SPU purchased.
5.1.9. Not allow access to your subscription account to third parties or access the account or subscription of another User.
5.1.10. Provide evidence or information when the Company requires it during an investigation, for possible breach of these Terms and Conditions.
5.1.11. Not advertising with the purpose of attracting new users, in an unfair way to The Company and/or other users, without strictly adhering to the official documents issued by The Company (Terms and Conditions, Friend Plan, etc.).
5.1.12. Not infringe the trademark and intellectual property rights of The Company.
5.1.13. Not defame The Company.
5.1.14. Not disrespect any worker or representative of The Company.
5.2. The Company reserves the right to block the User’s subscription account, for a period of 30 days, when it suspects the breach of obligations and during the investigation carried out by The Company in order to make a decision within said period. During the suspension period, the generation of daily returns ceases.
6. CONTRACTUAL TERMINATION, GROUNDS AND EFFECTS:
6.1. Grounds for termination of the contract:
6.1.1. The contracts established in these Terms and Conditions may be terminated for
the following reasons:
184.108.40.206. Failure by the Company to comply with these Terms and Conditions.
220.127.116.11. Failure of the User to comply with the obligations contained in clause 5 of these Terms and Conditions.
18.104.22.168. The User’s failure to accept any substantial modification of the Terms and Conditions that affects his rights and obligations.
22.214.171.124. When the cryptocurrency staking process becomes unprofitable, ceasing the same to be profitable if the staking return is equal to or less than “zero”. The process will not be profitable, even though it may be creating coins, if the coins cease to have any value in the market, or if it remains without generating returns for 21 consecutive days, as these factors are beyond the Company’s control.
126.96.36.199. For reasons of Force Majeure.
188.8.131.52. Prohibition of cryptocurrency transactions by relevant authorities or competent bodies.
184.108.40.206. Regulation by governmental bodies of cryptocurrency transactions, provided that these Terms and Conditions do not comply with the approved regulations and it is not possible to bring them into compliance with such regulations.
220.127.116.11. Any other cause that may be legally established.
6.2. Effects of termination:
6.2.1. If the termination occurs for the reasons set out in clauses 18.104.22.168. and 22.214.171.124.3. the
Company shall refund the User the amount corresponding to the remaining part of
the annual term of the software licence subscription, as well as the liquidation of his
MS SPU /HR SPU in accordance with the provision of clause 4.5.4. of these Terms
6.2.2. If the termination occurs for the reasons set out in clause 126.96.36.199, the User shall be entitled to the liquidation of his MS SPU / HR SPU in accordance with clause 4.5.4 of these Terms and Conditions.
6.2.3. If the termination occurs for the reasons set out in clauses 188.8.131.52., 184.108.40.206., 220.127.116.11.,
18.104.22.168. and 22.214.171.124. the User shall be entitled to liquidation of his MS SPU /HR SPU in accordance with clause 4.5.4 of these Terms and Conditions.
6.2.4. The complying party is entitled to be compensated for damages caused to him by termination of the contract due to the other party’s non-performance.
7. TRANSPARENCY AND INFORMATION OF THE USER’S PRODUCTS:
7.1. The Company, through the platform’s back office, shall provide the User with the following updated information:
7.1.1. Purchased MS SPU /HR SPU
7.1.2. USDT value of the purchased MS SPU / HR SPU.
7.1.3. Percentage of the User’s participation in the Pool.
8. INVOICING AND TAXATION OF THE OPERATIONS CARRIED OUT IN THE PLATFORM:
8.1. The Company shall issue, for each purchased subscription or MS SPU/HR SPU, a corresponding invoice to the User, who shall have access to it through his Back Office.
8.2. The User will be able to obtain proof of the returns obtained monthly through the Back Office.
8.3. Upon liquidation of the MS SPU /HR SPU, the Company shall issue a receipt for the amount liquidated to the User.
8.4. The prices contained in these Terms and Conditions do not include taxes. If the legislation in force imposes any kind of levy or tax on the operations carried out, the Company will increase or deduct, from the corresponding price or payment, the levies, fees, or taxes that may be applicable.
8.5. The Company expressly warns that it will not be responsible for the liquidation or the taxes or informative tax return that corresponds to the User, as a taxable or obligated subject, in relation to payments or collections made in application of these Terms and Conditions, being the sole responsibility of the User the correct liquidation or presentation of said taxes or fiscal obligations.
9. RIGHT OF WITHDRAWAL:
9.1. The User has the right to withdraw from the purchase of subscriptions within 14 calendar days of payment.
9.2. The Company will make available a withdrawal button in the Back office so that the user can exercise this right.
9.3. In the event that the User exercises his right of withdrawal within the term and forms established, The Company will reimburse the User for the payments made for the purchase of the subscriptions within 14 calendar days from the date on which the client reports his decision to withdraw from the purchase made. Said reimbursement will be made using the same means used by the User for the payment of the contracted services.
9.4. However, in the event that the User exercises the right of withdrawal on the purchase of MS SPU/HR SPU, and the contribution to the Pool has taken place, the refund procedure shall be the same as the liquidation procedure in accordance with the provided in clause 4.5.4 of these Terms and Conditions.
10. MONEY LAUNDERING:
10.1. The User expressly declares that the origin of the funds used for the payment of the price of the services and contributions made to the Company is legitimate, and therefore has no relation whatsoever with money, capital, goods, funds, assets, profits, securities or values from illegal activities.
10.2. The User undertakes to provide the Company, in a complete and truthful manner, with all necessary information required for the purposes of determining the legality of the origin of the funds used to pay the price of the services and contributions covered by this contract (both the User and, where applicable, its shareholders, partners, participants, administrators, related persons, etc.) and authorises the Company to carry out any verification actions it deems appropriate in this regard.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
11.1. All the contents of the website and its applications, including, but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source codes (hereinafter, the “Content”), are the intellectual property of The Company; none of the exploitation rights recognised by current legislation on intellectual property over the same shall be understood to be assigned to the User, except for those that are strictly necessary for the use of the Platform through the contracting of software licence subscriptions and the purchase of MS SPU/HR SPU provided for in these Terms and Conditions.
11.2. The trademarks, trade names or distinctive signs are owned by The Company, and access to the Platform may not be construed as attributing any rights over the aforementioned trademarks, trade names and/or distinctive signs.
12.1. The Company recommends the use of Hot or Cold cryptocurrency wallets as storage to give the User control over private keys. In no event shall the Company be liable for the theft or misappropriation of their contents; their safekeeping is the responsibility of the User.
12.2. Cryptocurrency transactions are irreversible. If any amount of cryptocurrency is sent to the wrong person or wallet, recovery of the funds will not be possible.
12.3. The Company shall not be liable for any losses or opportunity costs arising from blockchain network and protocol or third-party software issues, which in turn may result in the inability to process the transaction on the blockchain network or which may incur in substantial fees.
12.4. The Company has no control over, or responsibility for, the fluctuation of the value of cryptocurrencies, which may fall sharply or even go to “zero”.
12.5. The Company is not responsible for any delay that may occur in cryptocurrency transactions, as such transactions may not be confirmed for a period of time that does not depend on the diligence of The Company.
12.6. The Company is not responsible for unknown technical defects inherent in cryptocurrencies.
12.7. The Company is not responsible if the exchange provider is out of service and avoids exchanging the rewards (tokens) that come from yields or liquidations in the payment cryptocurrency, nor from the exchange of tokens, as it cannot influence the service of third parties.
12.8. The Company is not responsible for the value of the cryptocurrency used in the Pool or other transactions. The Company has no influence whatsoever on the value that cryptocurrencies currently have or will have in the future.
12.9. The Company shall not be liable for any delay or failure to perform any obligation or deliver any results under these Terms and Conditions caused by elements beyond its reasonable control, including but not limited to “acts of God”, labour disputes or other industrial disruptions, electrical or power outages, utility or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war. Force majeure events include, but are not limited to, updates to the validation rules of a particular blockchain (i.e., “hard fork” or “soft fork”) or updates to the system software that supports the platform.
13. ASSIGNMENT OF THE CONTRACT:
13.1. The parties agree that, without the User’s prior consent, the Company may assign the rights and obligations hereunder to any company in its group, or any company related to its shareholders, or in the event of a spin-off, merger or transformation of the Company.
13.2. The new company shall be fully subrogated to all the rights and obligations set out in this contract and shall take over the Company’s position in its entirety.
13.3. The Company shall notify the User of the assignment within fifteen calendar days of its occurrence, fully identifying the assignee company.
14. PROTECTION OF PERSONAL DATA:
14.1. The personal data provided by the User as a result of the formalisation of subscriptions and the purchase of products will be processed by the Company for the purpose of providing the service, it being understood that acceptance of these Terms and Conditions implies consent to carry out such processing.
14.2. With regard to the personal data to which The Company has access as a result of the management and/or execution of this contract, they shall be understood to have been provided voluntarily by the User, and shall only be used for the purpose related to the management or execution of the contract, following at all times the instructions given in this regard, undertaking not to apply them or use them for any purpose other than that agreed, and to destroy or return them when required, as well as any support or documents containing such data, at the end of this contract, safeguarding in any case the necessary evidence regarding the actions carried out.
14.3. The personal data provided by the User may be communicated in the written documents and in the attached documents to the employees of the Company and/or its subcontractors, as long as this is necessary for the purpose of the performance of this contract and as long as it is necessary or desirable for them to be involved.
14.4. Likewise, the Company undertakes to adopt the necessary security measures for the protection of such data at the corresponding level, in accordance with the legal regulations in force at any given time.
15. SAFEGUARD CLAUSE.
15.1. If one of the clauses or terms of these Terms and Conditions is declared null and void by a court judgement or final arbitration decision, the remaining clauses shall not be affected. In such an event, the clause or clauses affected shall be replaced by another clause or clauses that preserve the effects pursued by these Terms and Conditions.
16. CUSTOMER SERVICE, LANGUAGE OF COMMUNICATIONS:
16.1. The Company, as the party responsible for the website and its applications, provides Users with a user support service available in the “Support” section of its website, from which due attention will be given to all queries, complaints and suggestions raised in relation to the subscription of any of the services offered and products purchased.
16.2. All communications and notices made or given pursuant to these Terms and Conditions shall be made in English.
17. JURISDICTION AND APPLICABLE LAW:
17.1. All claims arising out of or related to these Terms and Conditions shall be governed by the laws of Estonia, excluding the rules of conflicts set out in the laws of Estonia, and shall be litigated exclusively in the courts of Estonia. The Customer and the Company consent to the jurisdiction of such Courts.
17.2. Kuailian’s business model and current set-up do not require FSA authorisation or supervision. Considering the rapid growth of the business industry, the establishment of some form of regulation and licensing is highly likely. The Kuailian Platform operates under the application Kuailian APP OÜ (limited liability company).
17.3. The activities of the Company are governed by Estonian law, including but not limited to the following laws: Commercial Code, Value Added Tax Act, General Part of the Code of Economic Activities, etc.
18.1. All notices and other communications required under these Terms and Conditions shall be in writing and by:
18.1.1. The publication of a notice on the website or in its applications.
18.1.2. By sending a message to the e-mail address associated with the parties.
18.3. The Company’s e-mail address is: firstname.lastname@example.org
18.4. Any notice given by the Company by publication on the Website or its applications shall be deemed to have been made at the time of publication.
18.3. Notices made by e-mail will be effective when the e-mail is sent. It is the User’s responsibility to keep their email address up to date.
TALLINN, ESTONIA, 21st MARCH 2021
KUAILIAN APP OÜ.