APPROVED BY
General Director of CJSC
"Modern Digital Technologies"
___________ A. M. Usupov
"19" April 2024
USER AGREEMENT
from 19.04.2024
as amended on 19.04.2024
Bishkek city
1. GENERAL PROVISIONS
1.1. This agreement (hereinafter referred to as the AGREEMENT) defines the mutual rights, obligations and procedure for relations between CJSC Modern Digital Technologies, which is the operator of the QUANTUM cryptoplatform, hereinafter referred to as the Organization, and an individual or legal entity that is a user (potential user) of the QUANTUM cryptoplatform, hereinafter referred to as the USER.
1.2. The USER acknowledges that at the time of signing the AGREEMENT, the Organization provided him with complete and reliable information about the procedure for using the QUANTUM cryptoplatform.
1.3. The USER confirms by completing the registration procedure on the Website that he / she agrees to:
1.3.1. has read, understands and fully accepts the terms and conditions, and agrees to fulfill the obligations of the AGREEMENT in the current version, taking into account possible subsequent changes and additions to it;
1.3.2. provided valid and up-to-date information about the USER, including username, email address, and password.
1.3.3. confirms the consequences of putting a mark in a special field under the heading "I accept the terms of the agreement" in the registration form, namely agreement with the terms of the AGREEMENT and other documents of the Organization.
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT REGISTER ON THE WEBSITE HTTPS://QUANTUMQUANTUM.KG/ AND DON'T USE THE FUNCTIONALITY OF THE QUANTUM CRYPTOPLATFORM.
TERMS USED:
An organization of Modern Digital Technologies CJSC, which operates as a virtual asset trading operator (crypto exchange).
Cryptoplatform operator CJSC "Modern Digital Technologies", which provides individuals and (or) legal entities, including non-residents of the Kyrgyz Republic, with the opportunity to make the following transactions (operations) between themselves and (or) with the cryptoplatform operator using the information system:
- alienation, acquisition of digital signs (tokens) for Kyrgyz soms, foreign currency, electronic money;
- exchange of digital signs (tokens) of one type for digital signs (tokens) of another type;
- other transactions (operations) in accordance with the requirements of the Law of the Kyrgyz Republic on Virtual Assets No. 12 dated 21.01.2022 (hereinafter – The Law on Virtual Assets).
Unless otherwise specified in the text of the document, the Operator of the cryptoplatform means the Organization (CJSC "Modern Digital Technologies").
Information system A set of data banks, information technologies, and a set (s) of software and hardware tools of a cryptoplatform Operator,
Trading system Information system (part thereof) The operator of a cryptoplatform that
accepts, controls and registers applications for the purchase and / or sale of tokens for money or electronic money, or exchanges tokens of one type for tokens of another type in this system;
- making transactions for the purchase and sale of tokens for money or electronic money, or exchanging tokens of one type for tokens of another type; determining prices for tokens;
- determining the requirements and obligations of the parties based on the results of transactions with tokens, as well as ensuring the execution of these transactions;
- preparing and forming reporting documents based on the results of transactions with tokens;
- storage, processing and disclosure of information necessary for making and executing transactions with tokens;
- performing other functions necessary for organizing token trading.
Website, www.quantum.kg Website of the Cryptoplatform Operator that allows access to the user interface of the Cryptoplatform Operator's Information System, located at https://quantumquantum.kg
User is an individual or legal entity that has visited the Website of the Cryptoplatform Operator and uses the Website of the Cryptoplatform Operator in accordance with the rules of its operation.
Account (s) User account on the website of the Cryptoplatform Operator www. quantum.kg, through which the User uses the functionality of the Cryptoplatform Operator's Information System. Use of the account (s) is carried out through the user's personal account.
User Agreement An agreement between the User and the cryptoplatform Operator that defines the terms of use of the Information System functionality by the User, concluded on the basis of the current legislation of the Kyrgyz Republic in accordance with the procedure specified in the agreement.
Client User - a counterparty of the cryptoplatform operator who has entered into a corresponding agreement (User Agreement) with it and has passed the verification procedure, with which it performs, or who have applied to it for the following transactions (operations):
- alienation, acquisition of digital signs (tokens) for Kyrgyz soms, foreign currency, electronic money;
- exchange of digital signs (tokens) of one type for digital signs (tokens) of another type;
- other transactions (operations) in accordance with the requirements of the Law on Virtual Assets
Beneficial owner is an individual who is the owner of property a legal entity, or owns at least 10 percent of the shares (shares in the authorized capital, units) of the legal entity, or directly or indirectly (through third parties) ultimately has the right or ability to give mandatory instructions to the legal entity, influence its decisions or otherwise control its actions.
Client Profile -A set of data collected by the Cryptographic Platform Operator in relation to the Client during its identification and verification, containing information about the Client and its activities.
User Identification is a set of measures to establish User data.
User Verification is a set of measures to confirm the accuracy of data obtained during User identification.
Token Trading participant is a client who is allowed by the Cryptoplatform Operator to Trade tokens.
Token trading is the process of making transactions for the purchase and sale of tokens for money or electronic money, or exchanging tokens of one type for tokens of another type using the Trading System of the Cryptoplatform Operator, which is different from entering into an agreement at the auction and provides for the conclusion of relevant agreements between token trading participants by placing offers and acceptances of purchase orders in the Trading System of the Cryptoplatform Operator and (or) the sale of tokens for money or electronic money, or the exchange of tokens of one type for tokens of another type.
Cryptocurrency - Bitcoin, another digital sign (token) used in international circulation as a universal medium of exchange.
Funds Used by token trading participants in the token trading process Tokens, money, electronic money, the amount of which is reflected in the token trading participant's Account.
Owner of a digital sign (token) A subject of civil law to which a digital sign (token) belongs by right of ownership or other property right.
Digital sign (token) An entry in the register of transaction blocks (blockchain), another distributed information system that certifies that the owner of a digital sign (token) has rights to civil rights objects and /or is a cryptocurrency.
A virtual wallet is a software or hardware tool designed to store Digital signs (tokens) and allow its owner to perform operations with them.
Risk Objectively existing in the conditions of uncertainty inherent in the Organization's activities, the potential possibility (probability) of losses (losses) incurred by the Organization, failure to receive planned revenues and (or) deterioration of Liquidity and (or) occurrence of other adverse consequences for the Organization due to various events related to internal and (or) external factors of the Organization's activities.
Internal control A process carried out by an Organization in order to ensure an orderly and efficient conduct of its activities in accordance with the requirements of the legislation of the Kyrgyz Republic and the Organization's GNI.
GNI of the Organization Internal regulatory documents of the Organization that determine the procedure for implementing the procedures carried out by the Organization.
Internal control system - A set of internal controls, internal audit, organizational structure, GNI that determine the strategy, policies, methods and procedures of internal control, as well as the powers and responsibilities of the Organization's management bodies and officials.
Information security is a multi-level set of organizational measures, hardware, software, and technical tools that provide protection against accidental and deliberate threats, which may result in a violation of the availability, integrity, authenticity, or confidentiality of processed, stored, or transmitted information in an Organization.
Conflict of interests A contradiction between the property and other interests of the Organization, its founders (participants), beneficial owners, managers, members of its bodies, structural divisions, and other employees of the Applicant and the property and other interests of the Organization's clients.
Liquidity is the ability of an Organization to ensure the growth of assets and fulfill its obligations as they are due, without incurring unacceptable losses (losses).
Manipulation of token prices Performing actions that have a significant impact on the demand for the token and /or supply of the token, the market price of the token or the volume of token trading, which are aimed at artificially inflating or undervaluing token prices relative to the level prevailing in normal market conditions.
Blocking of a financial transaction Prohibition on carrying out a financial transaction (except for the receipt of money (bank) transfers), in which a legal entity or individual, including an individual entrepreneur, is a participant or beneficiary, included in the list of organizations and individuals involved in terrorist activities determined in accordance with the established procedure, or a legal entity that is the beneficial owner which is an individual included in this list.
Freezing of funds Prohibition on disposal or use of funds if the owner or owner of the funds is a legal entity or individual, including an individual entrepreneur, included in the list of organizations and individuals involved in terrorist activities determined in accordance with the established procedure, or a legal entity whose beneficial owner is an individual included in this list.
Financial monitoring body State Financial Intelligence Service under the Ministry of Finance of the Kyrgyz Republic and/or other bodies defined by the legislation of the Kyrgyz Republic.
Suspicious Financial Transaction (PFD) A financial transaction that the Organization suspects is being carried out for the purpose of legalizing proceeds from crime, financing terrorist activities, or financing the proliferation of weapons of mass destruction.
List List of organizations, individuals, including individual entrepreneurs involved in terrorist activities, compiled in accordance with the legislation of the Kyrgyz Republic.
Money laundering Money laundering is the process of legalizing the proceeds of crime, financing terrorist activities, and financing the proliferation of weapons of mass destruction.
Prevention of money laundering Prevention of intentional or involuntary involvement of an Organization in the process of money laundering, financing of terrorist activities, and financing the proliferation of weapons of mass destruction.
Internal Control System (ICS) Internal control, as well as the organizational structure, strategy, policy, methodology and procedures that are the means of implementing internal control in the Organization.
Suspicious financial transaction A financial transaction in respect of which the Organization has suspicions that it is being carried out for the purpose of legalization, before the Organization makes a decision to assign (not assign) it to a financial transaction subject to special control.
An insider is a person who has access to insider information about tokens due to regulations, official position, performance of labor functions, or on the basis of civil law contracts.
Insider information about tokens Information about tokens, the persons who created and placed them, and transactions with tokens, which is not publicly available and puts the persons who own it in a preferential position compared to other clients.
Remuneration Payments charged by an Organization when providing it with the services of a Cryptoplatform Operator.
Deposit of funds, tokens Transfer of money, transfer of electronic money, transfer of tokens by a Token Bidder to a current (settlement) bank account, transfer to an electronic wallet, transfer to the address (identifier) of the Organization's virtual wallet.
Withdrawal of funds, tokens Transfer of money, transfer of electronic money, transfer of tokens registered for the token trading participant, Organization to the current (settlement) bank account, to an electronic wallet, to the address (identifier) of the virtual wallet of the token trading participant at the request of such participant.
Order (request) A Token Trading Participant's request to buy or sell tokens submitted in accordance with the rules of the Trading System of the Cryptoplatform Operator.
Execution currency The currency in which the bidder issued the order (request).
Current market price of the token The price of the token at which the last transaction occurred.
Quotation list is a list of tokens that meet the criteria defined by the cryptoplatform operator and are allowed to trade tokens in its trading system.
Anti-fraud system Specialized software or hardware-software complexes that provide monitoring, detection and management of incidents of suspected fraud.
Anti-fraud monitoring Measures to identify and assess suspected fraud that are implemented as part of reducing the operational risk of the Organization.
Questionable virtual wallets Virtual wallets that exclude the possibility of tracking transactions made with their use, and/or virtual wallets that were used to make transactions on the Silk Road, AlphaBay, Hansa, Dream Market, CGMC or other trading platforms on the Internet, in respect of which it is known that they are used for carrying out illegal activities, as well as other virtual wallets for which the Organization has established a high degree of risk of its use for carrying out illegal activities (participation in it).
BlackList is a set of lists of an Organization in terms of databases of unwanted users, electronic or virtual wallets, bank cards, and bank accounts that can be obtained as a result of the Organization's activities, either by the Organization itself or from third parties that cause the Organization's trust.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the AGREEMENT, the Organization provides USERS through the use of the Website with the opportunity to make the following transactions (operations) between themselves and (or) with the operator of the QUANTUM cryptoplatform:
- alienation, purchase of digital signs (tokens) for Kyrgyz soms, foreign currency, electronic money;
- exchange of digital signs (tokens) of one type for digital signs (tokens) of another type;
- other transactions (operations) in accordance with the requirements of the Law on Virtual Assets.
3. CONCLUSION OF THE AGREEMENT
3.1. The AGREEMENT is concluded by the USER joining the AGREEMENT, i.e. by the USER accepting the terms of the AGREEMENT as a whole, without any conditions, exceptions or reservations.
3.2. The fact that the USER accepts (accepts) the terms of the AGREEMENT is that the USER submits an application for registration on the Website (creating a Personal Account) by filling out a special form in the corresponding section of the Website and expressing consent to the AGREEMENT, which is confirmed by putting a mark in the corresponding field (check box).
3.3. The AGREEMENT, subject to compliance with the procedure for its acceptance, is considered concluded in simple written form (Civil Code of the Kyrgyz Republic) from the date of registration of the USER on the Website.
3.4. The place of conclusion of the AGREEMENT is the city of Bishkek.
3.5. The AGREEMENT cannot be concluded with the following persons (by registering on the Website, the USER confirms compliance with the requirements):
3.5.1. individuals under the age of 18;
3.5.2. USERS who are already registered on the QUANTUM cryptoplatform.
3.5.3. non-residents of the Kyrgyz Republic, if this contradicts
the legislation of the state whose citizens (subjects) are
non-residents of the Kyrgyz Republic and (or) on the territory
of which they have a permanent place of residence in accordance with a residence permit (or similar document) or location (established, registered);
3.5.4. residents of countries included in the list of high-risk countries and other controlled jurisdictions by the Financial Action Task Force on Money Laundering(FATF);
3.5.5. persons included in the list of organizations, individuals, including individual entrepreneurs, involved in terrorist activities, as well as legal entities whose beneficial owners are included in this list;
3.5.6. persons performing operations on behalf of third parties;
3.5.7. individual entrepreneurs;
3.5.8. by other persons, if this is provided for by law.
3.6. The AGREEMENT is not a public contract, and the Organization is not required to enter into an AGREEMENT with everyone who applies to it. The Organization may refuse to enter into this AGREEMENT at its sole discretion.
4. IDENTIFICATION AND VERIFICATION
4.1. To conclude an AGREEMENT and allow the USER to trade tokens, the Organization performs USER Identification and Verification. Legal entities enjoy the rights and perform the USER's duties through their representatives-individuals –
4.2. The USER must provide the Organization with the documents (information) necessary for their Identification and Verification.
4.3. The Organization has the right to refuse the USER to perform Operations in case of failure to submit documents (information) necessary for identifying these persons and (or) registering the Volga Federal District.
4.4. Identification and Verification of USERS is carried out in order to establish and record information about them.
4.5. Data collection is carried out by the Organization on the basis of an identity document, documents defining the place of residence and (or) place of stay, and other documents.
4.6. To perform Identification, the USER provides the Organization with:
4.6.1. Individuals:
• identification data (full name, citizenship, date and place of birth, place of residence and / or stay, details of the identity document);
• contact information that allows the Organization to communicate with them (e-mail address).
• other data determined by the Organization if necessary.
4.6.2. Legal entities:
• name of the legal entity.
• location (actual and legal address).
• information about the types of activities carried out;
• payer's account number (Tax number).
• identification data (full name, citizenship, date and place of birth, place of residence and / or stay, details of the identity document) of the representative of the legal entity that will carry out the USER's activities within the QUANTUM cryptoplatform, as well as the head of the legal entity, its founders and beneficial owners;
• contact information that allows the Organization to communicate with them (e-mail address).
• other data determined by the Organization if necessary.
4.7. The organization performs USER Identification and Verification in 2 stages:
• at the first stage, the User registers on the Website (enters a username, email address, password) and confirms their consent to the Privacy Policy.
• at the second stage, the Organization receives the remaining identification data, performs Verification, and tests the level of knowledge of residents of the Kyrgyz Republic to determine their sufficiency for making transactions on the cryptoplatform.
4.8. In certain cases, the Organization also has the right to request additional information about the USER that does not contradict the legislation of the Kyrgyz Republic, for example, to check information in information databases .
4.9. The organization can verify the information provided by the USER in the following ways:
• proof of identity by examining scanned copies of identity documents (passports, residence permits, etc.);
• proof of place of residence or location (use of submitted scanned copies of payment documents for housing, extracts from government information systems, for example, law enforcement, tax, etc.);
• establishing contact with the USER through letters (the main communication channel with the User, the Client is email);
• If necessary, a video call should be installed to communicate with the USER.
4.10. The USER is obliged to notify the Organization about changes in the data (information) provided as a result of USER identification (verification) within three days from the date of occurrence of the corresponding changes.
4.11. When identifying a USER, the Organization verifies that such a USER is included in the List. If a USER is included in the List, the Organization refuses to establish a contractual relationship with the USER, as well as in other cases determined by the Organization's GNI.
4.12. When checking for the presence of persons included in the List among its clients, the Organization examines the List for the presence of its clients in it. If the client is listed, the Organization blocks the financial transaction, including by refusing to execute the AGREEMENT unilaterally.
4.13. If necessary, the Organization may request additional identification data from the USER.
5. CHECKING THE KNOWLEDGE OF A TOKEN TRADER
5.1. In order to provide the USER-a citizen of the Kyrgyz Republic-with the opportunity to make transactions (operations) on the cryptoplatform, the USER must pass a check to confirm that they have a sufficient level of knowledge (competence) to make such transactions.
5.2. The organization does not have the right to grant the status of a token trading participant to USERS who are found to lack such a level of knowledge (competence).
5.3. The Organization determines the level of knowledge (competence) for making transactions specified in clause 5.1.of the AGREEMENT by submitting a questionnaire (test) to the USER for filling out (decision).
6. ACCOUNT. PERSONAL ACCOUNT
6.1. After completing the identification and verification procedures in the information system, the Organization creates a USER Account. This Account is used by the USER in the trading process – for creating Orders, as well as accounting for money, electronic money, and USER tokens.
6.2. The USER can only use one Account.
6.3. The Account is used through the USER's personal account.
6.4. The USER must:
- set your own password for your Merchant Profile during registration.
- ensure security measures and security of the password and other Account data, and prevent their disclosure to third parties;
- immediately notify the Organization if the USER becomes aware of any unauthorized use of the Account by a third party, as well as any other violations of the security rules.
6.5. The USER confirms that until the Organization receives a corresponding message from the USER, all actions performed using the USER's Account will be considered completed by the USER.
6.6. The USER confirms that he is solely responsible for taking the necessary security measures to protect the Personal Account and Account data and the consequences that arise as a result of non-compliance with such measures.
6.7. Wallets are created in the USER's Account for use in the token Trading process in the context of the tokens and currencies used by the USER. These wallets are not bank accounts or virtual wallets. Information about funds stored in these wallets is stored in the Organization's databases.
6.8. The USER has the right to perform operations, create Orders, and perform other actions to participate in Token Trading using the wallets created in the Account.
6.9. The organization specifies the information required for adding funds to the USER's Account's wallets (depositing funds) and withdrawing funds from the USER's Account's wallets.
6.10. To add funds to the Account's wallets, the USER must transfer funds using the Bank details specified by the Organization. At the same time, the token trading Participant pays all commissions and services related to the transfer independently, and also assumes the risks of entering incorrect banking details during the transfer.
6.11. The wallet is considered to have been replenished by a Token Trading Participant when the corresponding amount of funds is credited to the Organization's current account or electronic wallet, or when the corresponding entry is reflected in the virtual wallet of the Cryptoplatform Operator.
6.12. Any funds recorded in the USER's Account's wallets belong to the USER. The Organization has the right to freeze funds without the USER's order or write off the USER's funds in cases stipulated by the AGREEMENT or other GNI of the Organization.
6.13. The USER's wallet is not and cannot be recognized as a deposit and / or profitable account, and no interest is charged on the balance of funds in the wallet.
6.14. To withdraw funds and / or tokens, the USER must fill out the form in their Account. In this case, the USER will be sent a message about the need to confirm the withdrawal or refuse it. If the USER refuses to withdraw or does not confirm such an operation, the funds or tokens will remain in the Account.
6.15. Deposit/withdrawal of Funds at the USER's direction is made within 15 (fifteen) business days from the date of receipt of the relevant instruction by the Organization, taking into account the specifics of the operation of blockchain systems, e-wallet systems, banking institutions, and other persons on whom the deposit/withdrawal of Funds depends. If necessary, the specified input / output is made only after the Organization has taken measures to prevent the legalization of proceeds from crime, the financing of terrorist activities, and the financing of the proliferation of weapons of mass destruction.
6.16. The Organization is not responsible for failure to ensure the deposit / withdrawal of Funds in case of blocking of Funds by any third party (banks, etc.).
6.17. The organization has the right to return funds deposited by the USER unilaterally without giving any reasons. This decision can be based on confidential criteria that are necessary for the Organization's risk management and security protocols. An organization is not required to disclose details of its risk and security management procedures to the USER.
6.18. When the USER performs token input/output operations, the virtual wallet (including using special software) of the USER (external) is checked for the USER's use of addresses (identifiers) of virtual wallets for illegal activities (participation in it).
6.19. If such addresses (identifiers) of virtual wallets are identified, the information is transmitted to the authorized body of the Kyrgyz Republic, Operations with the USER are suspended, and the tokens entered by the USER are frozen until the order to unfreeze is issued by the authorized body of the Kyrgyz Republic.
6.20. If the USER has any questions related to the AGREEMENT and the operation of the QUANTUM cryptoplatform, the USER forms a request on the Website in their Account or sends an email to support@quantum.kgquantum.kg.
6.21. The USER agrees that he will receive all messages, agreements, documents, notifications and published information about the operation of the QUANTUM cryptoplatform to the email address specified during Account registration. It is the USER's responsibility to ensure that such messages can be received. If the USER is unable to receive the message because their email address is incorrect, outdated, blocked by the USER's email service provider, or for any other reason that does not depend on the Organization, the message is considered sent to the Organization.
7. TOKEN TRADING
7.1. After completing the Identification, Verification and conclusion of the AGREEMENT, the USER gets the opportunity to perform operations in accordance with clause 2.1 of the AGREEMENT.
7.2. Token trading is carried out within the framework of tokens approved for listing. The list of token pairs is determined by the Organization and can be changed at any time.
7.3. To ensure transparency in the process of making and executing transactions, the Organization provides USERS with the opportunity to review the progress of this process using the functionality of the Website.
7.4. The Organization undertakes to take measures aimed at preventing, detecting, suppressing and eliminating the consequences of unfair (illegal) use of insider information about tokens and (or) manipulation of token prices.
7.5. Types of Orders (limit, market) for the purchase and / or sale of tokens for money or electronic money, or the exchange of tokens of one type for tokens of another type submitted by Token Trading Participants are presented on the Website.
7.6. To make transactions for the purchase or sale of tokens, the USER submits an Order for the operation using the form provided by the interface. The USER can place an Order only after careful consideration, understanding and acceptance of the consequences of its execution.
7.7. In the Order, the USER specifies the data required in accordance with the specifics of Token Trading. If the parameters are specified correctly, the Order is registered in the Trading System, and then a counter Order is searched that meets the conditions.
7.8. The USER's order is registered in the Trading System after checking the availability of a sufficient amount of Funds, including tokens in the corresponding USER Account. The trading system monitors USERS ' ability to make trades. The order will not be registered if the amount of Funds, including tokens, in the USER's Account is not enough to complete the transaction.
7.9. An organization can set a limit on the number of orders placed by USERS within one day. This restriction is communicated to USERS in the Trading System by posting information on the Website.
7.10. An Order registered in the Trading System is available to all USERS until it is executed or canceled. A registered Order is a USER's offer to complete a trade. If a counter Order is found, then a transaction is concluded between the token trading participants and Funds are exchanged.
7.11. If a counter Order is not found, the USER's Order remains active until a counter Order that meets the conditions is issued.
7.12. Outstanding or partially unfulfilled Orders can be canceled by the USER at any time. Fully executed Orders cannot be canceled.
7.13. The organization provides USERS with the opportunity to make the following transactions with tokens in a simplified manner through the interface https://quantum.kg/exchangequantum.kg/exchange on the Organization's website:
- purchase of tokens for Kyrgyz soms, foreign currency;
- sale of tokens for Kyrgyz soms, foreign currency;
- exchange of tokens of one type for tokens of another type.
7.14. To perform the transactions specified in clause 7.13., the Organization receives requests from the USER to buy and / or sell tokens for money or exchange tokens of one type for tokens of another type, which are offers-through the interface https://quantum.kg/exchange on the Organization's website.
7.15. If it is possible to execute a request that meets the Organization's requirements, the Organization accepts and executes it. The application is executed immediately after its receipt and at the price that is reported to the USER at the time of sending the application by the USER. The organization ensures that the time of occurrence of this event is recorded in the information system with an accuracy of up to one second.
7.16. If necessary, the Organization has the right to request confirmation of ownership of funds from the USER.
8. SUSPENSION AND TERMINATION OF TOKEN TRADING
8.1. An organization may, on its own initiative, suspend or terminate Token Trading in the following cases:
8.1.1. in case of detection of facts of unfair (illegal) use of insider information about tokens and (or) manipulation of token prices;
8.1.2. in case of technical failures (errors) in the Trading System;
8.1.3. as well as for other cases defined by the Organization's GNI.
8.2. In cases of suspension and termination of Token Trading, the Organization has the right to apply measures to freeze Funds and block financial transactions against Bidders and inform the financial monitoring body about the freezing of Funds or blocking of a financial transaction, as well as by submitting a special form.
8.3. Measures of the cryptoplatform Operator to freeze Funds owned or owned by persons included in the List of Organizations, individuals, including individual entrepreneurs involved in terrorist activities (List) are taken in accordance with the legislation in order to prevent Legalization.
8.4. When identifying a suspicious financial transaction, the Organization makes the following decisions, if necessary:
- requesting additional documents (information) and analyzing them, including by comparing the information contained in them with the data available to the Organization.
- about reviewing the risk level of working with the USER.
- on unilateral refusal to perform the AGREEMENT;
- other decisions taken with respect to a participant in a financial transaction, the list of which, if necessary, is determined by the Organization in the internal control rules.
8.5. The organization informs the USER about the ban on the disposal and use of Funds no later than 5 business days from the date of receipt of the USER's request in accordance with the requirements of the legislation.
8.6. Upon receiving a notification from the authorized body about the cancellation (partial cancellation) of the decision to freeze Funds (tokens), the Organization conducts procedures for unblocking (partial unblocking) ofFunds (tokens). In case of partial unblocking, the remaining Cof the Rarity (tokens) remain frozen. Funds received by USERS subject to freezing measures are also subject to freezing.
8.7. Token trading suspended at the initiative of the Organization is subject to resumption if the results of the proceedings do not confirm the circumstances that gave rise to the suspension or termination of Token Trading.
8.8. The Organization informs Token Trading Participants about the resumption of trading by sending a notification or by posting information on the Website.
9. REPORTS
9.1. The organization, carrying out the activity of the cryptoplatform Operator, daily, until 24.00 of the day on which the token auction was held, prepares for each client (USER) who participated in the token auction on that day, a report on the amount (balance) of funds, the amount (balance) of electronic money, customer tokens held in bank accounts, respectively., in electronic wallets, on addresses (identifiers) of virtual wallets of the cryptoplatform operator, as well as on executed and unfulfilled requests of clients during the day to buy and (or) sell tokens for money or electronic money, or exchange tokens of one type for tokens of another type in the trading system of the cryptoplatform operator.
9.2. To identify each client in this report, the client is assigned an individual number (code). This report, on the day following the day of its compilation (before 12.00 of this day), is sent (transferred) for storage (deposit) to the organization providing the relevant services, and is stored in it for five years from the date of its receipt.
9.3. The cryptoplatform operator also provides the opportunity to provide the specified report on a free basis for at least five years from the date of its compilation to the USER – to the extent relevant to it, within the time period established by law.
9.4. THE USER confirms his consent to sending these reports for storage and to submitting reports in accordance with this section of the AGREEMENT, and also understands and confirms that the withdrawal of such consent entails the termination of the AGREEMENT.
10. RISKS
10.1. The USER's operations using tokens and other Funds on the QUANTUM cryptoplatform involve significant risks.
10.2. When conducting transactions, including with tokens, on the QUANTUM cryptoplatform, the USER is aware of the risks of carrying out this activity:
10.2.1. Trading cryptocurrencies involves significant risk. Prices may fluctuate on a daily basis. Such price fluctuations can increase or decrease the value of the USER's assets at any time. Any currency - virtual or not - can be subject to significant fluctuations in value, as well as completely devalued. There is an inherent risk that losses will occur as a result of buying, selling, or any kind of trading carried out on the market. The website reflects the exchange rate that is set based on the results of operations performed by USERS.
10.2.2. Operations with cryptocurrencies involve special risks that are usually not typical for fiat money and/or goods, and / or commodity assets. Cryptocurrencies are not a means of payment, are not provided by the state, and the purchase of tokens may lead to a complete loss of funds and other objects of civil rights (investments) transferred in exchange for tokens (including as a result of token price volatility, technical failures (errors), illegal actions, including theft). Unlike most fiat money, cryptocurrencies are unique types of currencies supported by technology and trust. The cryptocurrency market is unstable, which can lead to unforeseen risks. When conducting a transaction with cryptocurrencies, the USER understands that they can not only increase, but also lose a significant amount of assets due to fluctuations in the exchange rate, price and other factors during transactions.
10.2.3. Cryptocurrency trading is often subject to spikes or loss of confidence, which can lead to a drop in demand relative to supply. The USER, at his own risk and risk, carries out transactions and is fully responsible for his actions, including in the event of losses.
10.2.4. The legal regulation of cryptocurrencies does not have much practice, is at the stage of formation, and may be accompanied by significant changes, which may also have an impact on the cryptocurrency market. By accepting the terms of the AGREEMENT, the USER agrees that the Organization is not responsible for the application of certain provisions of the law when performing operations by USERS. The USER is solely responsible for knowing and understanding how cryptocurrencies (digital tokens) work. will be treated, regulated, and taxed in accordance with applicable law.
10.2.5. THE USER confirms that they have a sufficient level of knowledge to perform operations with cryptocurrencies, and acknowledges that any operations with cryptocurrencies (digital signs (tokens)) they are irreversible.
10.2.6. The USER is also aware that there may be additional risks that are not provided for in this AGREEMENT.
11. USER'S GUARANTEES AND OBLIGATIONS
11.1. The USER guarantees that as of the date of conclusion of the AGREEMENT and as of the date of each transaction, the USER confirms:
11.1.1. familiarization with the Organization's documents posted on the Website (USER AGREEMENT, General Terms of Token Sale, Privacy Policy, Conflict of Interest Management Procedure, Requirements for advertising the activities of the cryptoplator operator), understands and agrees with them. Including that, as part of providing the USER with the services of the cryptoplatform operator, market risks associated with the volatility of the token price arise directly from the USER, and not from the QUANTUM cryptoplatform operator;
11.1.2. consent to all risks described in the AGREEMENT, as well as those not specified, but associated with operations with cryptocurrencies;
11.1.3. that all information provided by the Organization, including, but not limited to, information provided in the Personal Account, is in all material respects true, accurate and not misleading;
11.1.4. that the AGREEMENT and all transactions represent a legal and valid obligation for the USER, subject to execution in accordance with its terms;
11.1.5. that the execution of the AGREEMENT and the execution of each transaction on the QUANTUM cryptoplatform will not be a violation of any applicable law;
11.1.6. which can accept or transfer (depending on the case) the entire amount of Funds required for each transaction on the QUANTUM cryptoplatform.
11.1.7. that, despite the Organization taking measures aimed at preventing, detecting, suppressing and eliminating the consequences of unfair (illegal) use of insider information about tokens and (or) manipulation of token prices, there is a possibility of adverse consequences for the USER associated with the use of insider information about tokens and (or) manipulation of token prices;
11.1.8. that the USER has sufficient experience and knowledge necessary to make informed decisions regarding operations on the QUANTUM cryptoplatform;
11.1.9. that the USER acts solely on their own behalf and in their own interests and does not perform transactions on behalf of third parties, as well as using bank accounts, electronic or virtual wallets of third parties;
11.1.10. that all actions performed by the USER using his ACCOUNT are his actions, all operations related to the bank accounts, electronic or virtual wallets specified (entered) by the USER are his operations, and third parties do not have access to the USER's ACCOUNT;
11.1.11. that the USER is notified and understands that all operations of the USER that are not related to verified bank accounts, electronic or virtual wallets by the USER are considered to be performed using bank accounts, electronic or virtual wallets of third parties
11.2. By entering into the AGREEMENT, the USER confirms their consent to:
11.2.1. receiving SMS messages and e-mails from the Organization to the mobile number and e-mail address specified during registration, related to the progress of operations on криптоплатформе the QUANTUM cryptoplatform, as well as containing information about new products, promotions, special offers, etc.
11.2.2. application by an Organization of measures related to freezing funds and (or) blocking financial transactions in cases defined by the legislation on the prevention of legalization. These measures may include, among other things, the Organization's refusal to comply with the AGREEMENT.
11.2.3. The Organization performs operations with money, electronic money and USER tokens on its own behalf and in its own interestsin accordance with the requirements of the legislation and the Organization's GNI, subject to the following conditions:
- these transactions are aimed at obtaining liquidity by the Organization, that is, at receiving money, electronic money and tokens from the Organization's counterparties that are not its clients (liquidity providers), in order to fulfill the Organization's obligations assumed by it (or planned to be accepted by it) to USERS;
- the counterparties provided for in paragraph 2 of clause 11.2.3 are legal entities that have a special permit (license) or other permit document issued by the competent authorities (competent organizations) of the countries in which these legal entities are established and actually located, and provide for the right to make transactions (operations) with tokens;
- these transactions are made with no more than 50 percent of the money, electronic money and tokens of USERS who have given the consent provided for in paragraph 1 of clause 11.2.3;
- the Organization has a reasonable belief that the execution of these transactions will not entail non-fulfillment (improper fulfillment) of its obligations to transfer money, transfer electronic money, transfer tokens to token trading participants in relation to token trading participants with whose money, electronic money and tokens the corresponding transactions are made;
11.2.4. using information from external sources to determine the Organization's operating conditions.
11.3. By entering into the AGREEMENT, the USER undertakes to:
11.3.1. do not use technical failures (errors) in the operation of the Trading System (or any other system of the Organization) in ways that contradict the interests and (or) violate the interests of other USERS and (or) the Organization, as well as to obtain any undue benefits for yourself or other persons, or to cause any damage (harm) to others individuals.
11.3.2. if you receive a benefit in the event of a technical failure (error), return the result obtained as a result of it.
11.4. The USER has the right to withdraw his consent provided under this AGREEMENT in writing. At the same time, if the USER cannot use the QUANTUM cryptoplatform without the specified consentQUANTUM , the Organization will unilaterally terminate this AGREEMENT.
12. GUARANTEES AND OBLIGATIONS OF THE OPERATOR OF THE QUANTUM CRYPTOPLATFORM.
12.1. The Organization takes measures stipulated in its local regulatory legal acts, which are aimed at preventing, detecting, suppressing and eliminating the consequences of unfair (illegal) use of insider information about tokens and (or) manipulation of token prices.
12.2. The organization is obligatedа to refuse the USER to perform financial transactions:
- in cases established by the legislation on prevention of legalization and other legislation;
- if the USER offers (intends) to perform (performs) a financial transaction with types of tokens based on the principle of complete anonymization of transactions (operations) made with them;
- if the USER plans (offers )to make (performs) settlements for one financial transaction for an amount exceeding the limit set by the Organization (which cannot exceed the limit set by law), not by bank transfer or electronic money transfer.
12.3. If a high degree of risk is established for the USER to use their virtual wallet address (identifier) for legalization (participation in it), the Organization is obliged to refuse such a USER to make a transaction, save information about the identified risk and the USER's request for making the said transaction, and submit this information to the financial monitoring body no later than one business day following the day when the specified refusal was made. The organization is obliged to store such information for 5 years from the date of the USER's request for making the relevant transaction and provide it at the request of state bodies.
12.4. The Organization is obliged to apply a ban on the disposal or use of funds (tokens) and /or a ban on financial transactions (transactions (operations) with tokens that are not financial transactions) in relation to customers about whom the Organization has reason to believe that in the course of interaction with the Organization they commit a crime or take measures to conceal it the committed crime.
12.5. The organization is obliged to apply a ban on the disposal, use of tokens and (or) a ban on transactions (operations) with tokens that are not financial transactions to USERS:
- which were included in the list of organizations, individuals, including individual entrepreneurs, involved in terrorist activities;
- regarding which the Organization has reason to believe that in the process of interacting with QUANTUM , they are being legalized.
12.6. The Organization is obliged to refuse the USER to make transactions (operations) with tokens that are not financial transactions, in cases where the USER offers (intends) to make such transactions (operations) on криптоплатформе the Organization's crypto platform with types of tokens based on the principle of complete anonymization of transactions (operations) made with them.
12.7. The organization is required to update (update) the data (information) obtained as a result of USER identification (verification) at least once during three calendar years for USERS who are assigned a low degree of risk, and at least once during a calendar year for USERS who are assigned a high degree of risk, and if there are suspicions about the reliability and (or) accuracy of the data received earlier – within twenty working days following the day when the decision on the existence of such suspicions is made.
If the USER refuses to provide up-to-date data, the Organization has the right to suspend the USER's operations on криптоплатформе the QUANTUM cryptoplatform until such data is provided.
12.8. The organization is required to take measures related to freezing funds and (or) blocking financial transactions in cases defined by the legislation on the prevention of legalization.
13. AWARD
13.1. When performing the activity of a cryptoplatform operator, the Organization charges USERS a Fee.
13.2. The organization charges a fee when USERS perform the following types of transactions on криптоплатформе the QUANTUM cryptoplatform:
• entering money, electronic money;
• entering tokens.
• making token purchase and sale transactions;
• making transactions for the exchange of tokens of one type for tokens of another type;
• withdrawal of money, electronic money;
• withdrawal of tokens;
• other operations.
13.3. When depositing/withdrawing funds/tokens, the reward is charged in the currency or tokens made by the transaction token bidder.
13.4. Retention of the reward for depositing / withdrawing funds/tokens is carried out from the amount of funds/tokens of the bidder, until the transaction is reflected in the USER's Account. Thus, the USER receives an amount to their account (when entering) or to a bank account, electronic or virtual wallet (when withdrawing), minus the retained reward.
13.5. The fee charged when the USER makes transactions of purchase and sale of tokens or transactions of exchange of tokens of one type for tokens of another type is paid after the transaction is completed by both parties to the transaction at the expense of the funds/tokens of the corresponding USER registered on the USER's Account.
13.6. When making a transaction, the buyer pays the amount increased by the amount of remuneration, and the seller receives the amount reduced by the amount of remuneration.
13.7. When a bidder creates an order, no remuneration is paid. The bidder has the right to issue or cancelbids without restrictions and without any fee inreturn.
13.8. The amount of remuneration when making transactions within the framework of token trading can be set as a percentage of the transaction amount or as a fixed amount.
13.9. The amount of remuneration can be set in the context of types of currencies and tokens, as well as depending on the level of activity of the trading participant, which is determined by the total volume of transactions in the selected cryptocurrency made by the participant during the last 30 calendar days or during the period of activity of the participant on криптоплатформе the QUANTUM cryptoplatform, if this period is less than 30 calendar days at the time of setting up the trading platform. rewards.
13.10. The organization does not pay interest on the balance of funds/tokens registered on the USER's account.
13.11. The amount of remuneration charged by the Organization may include the remuneration of the bank, acquiring organization, other person serving transactions, as well as the information system, including the blockchain environment of the applied tokens.
13.12. The provision of services under the Agreement is confirmed by a primary accounting documentdrawn up by the parties alone.
13.13. At the USER's request, the Organization sends him an electronic copy of the primary accounting document by e-mail.
14. LIMITATION OF LIABILITY
14.1. The USER acknowledges and agrees that the QUANTUM cryptoplatform, its components, interfaces, any associated equipment, any documentation, data and other materials and existing technology are provided on an "as is" and "as available" basis, with all drawbacks. Neither the Organization nor third – party providers of additional services provide the USER with any express or implied warranty of fitness for a particular purpose, non-infringement, or any warranty that may arise from the method of execution, tendering, or business practices.
14.2. Without prejudice to the foregoing, the Organization makes no representations or warranties regarding the timeliness, accuracy or completeness of any information on the QUANTUM cryptoplatform or regarding the results that the USER receives when using the QUANTUM cryptoplatform.
14.3. The organization is not responsible for any damages, loss of profits, loss of revenue, loss of business, loss of data, direct or indirect losses of the USER.
14.4. The Organization does not accept any liability for claims related to any software, any technology, any hardware, existing technology, information, materials, Facilities, or that the QUANTUM cryptoplatform meets your requirements or that access to it must be continuous, timely, secure, complete, accurate, error-free or defect-free.
14.5. The Organization is not responsible for malfunctions, breakdowns, delays or interruptions of Internet access, or if for any reason the Website is unavailable at any time or for any period. The website contains links to other websites and resources provided by third parties, but these links are provided solely as sources of information. The Organization has no control over the content of these sites or resources and assumes no responsibility for them or for any loss or damage that may result from using them. The QUANTUM cryptoplatform is located on the Organization's.quantum.kgdomain www.quantum.kg. The organization is not responsible for sites located on domains other than the above.
14.6. The organization is not responsible for losses incurred as a result of vulnerabilities in the software (wallets) of third parties, as well as failures in the software (nodes, wallets) provided by third parties, as well as failures in blockchains and as a result of any other technical features of cryptocurrencies traded on the exchange.
14.7. The organization is not responsible for funds lost as a result of late notification (or no notification at all) by developers or representatives of the cryptocurrency about any problems with this cryptocurrency.
14.8. Nothing in the AGREEMENT affects the legal rights of the USER.
14.9. Nothing in the AGREEMENT excludes or limits the liability of either party for fraud, death or personal injury caused by negligence, violation of laws, or any other activity that cannot be legally limited or excluded.
14.10. Subject to the foregoing, the total liability of the Organization that may arise as a result of or in connection with the USER's use of the QUANTUM cryptoplatform, whether it is a civil offense (including negligence) or otherwise, will under no circumstances exceed the amount of Remuneration paid by the USER to the Organization in the 12 months preceding the violation of the Organization.
15. DISPUTE RESOLUTION
15.1. In case of any disputes on the issues stipulated in the AGREEMENT, the Parties will take all possible measures to resolve them through negotiations.
15.2. In case of disagreement with the actions of the other party, the USER has the right to make claims to the operator of the QUANTUM cryptoplatform, and the Organization-to the USER. Compliance with this claim procedure for dispute resolution is mandatory.
15.3. The USER sends a complaint letter from the email address specified when creating the Account to the support@quantum email address.kg or other email address that the Organization has sent to the User (please indicate " Claim. For the legal department"), with a scanned image of a paper-based claim signed by the USER attached to the email.
15.4. The organization sends the complaint to the USER's email or email address that they specified during registration.
15.5. The parties have the right to draw up claims in hard copy, sign and send them (by registered mail with notification of delivery or by international mail delivery services) to each other's postal addresses.
15.6. Claims sent by e-mail of the Parties may be duplicated in writing to the postal addresses of the Parties in order to ensure their proper receipt within 10 calendar days from the date of their sending by e-mail. In this case, the date of receipt of the claim is considered to be the date when the sender of the claim receives a notification about reading the email in which the claim is set out or attached.
15.7. The complaint letter must specify:
• surname, proper name, patronymic (name) of the applicant of the claim and the person (s) to whom the claim is submitted( the recipient of the claim), their place of residence (place of stay) or location;
• date of claim submission;
• circumstances on the basis of which the claim is made;
• evidence confirming these circumstances;
• claims of the applicant of the claim with reference to the norms of the legislation of the Kyrgyz Republic and the terms of the AGREEMENT;
• the claim amount and its calculation, if the claim is subject to monetary valuation;
• bank details of the claim applicant (if any);
• list of documents attached to the claim;
• other information required for dispute resolution.
15.8. Upon receipt of the claim, the Party is obliged to send the sender a reasoned response to the claim no later than 15 days, and appeals requiring additional study and verification no later than one month, unless another period is established by legislative acts of the Kyrgyz Republic.
15.9. The response to the claim is sent in the same way that the claim was received.
15.10. If the dispute has not been fully settled in the claim procedure, such dispute, at the request of one of the Parties, is subject to resolution by the court at the location of the operator of the QUANTUM cryptoplatform – Modern Digital Technologies CJSC in accordance with the procedure determined in accordance with the legislation of the Kyrgyz Republic.
15.11. The applicable procedural and substantive legislation under this AGREEMENT is the legislation of the Kyrgyz Republic.
15.12. The parties have the right to settle the dispute through mediation in accordance with the legislation of the Kyrgyz Republic.
16. FORCE MAJEURE CIRCUMSTANCES
16.1. The Parties are released from liability for partial or complete non-performance of their obligations under the AGREEMENT, if this was the result of force majeure (force majeure) that arose after the conclusion of the AGREEMENT as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.
16.2. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible, such as: war, insurrection, strike, earthquake, flood, fire, severe weather conditions or other natural disasters, government regulations, orders (decrees) of state bodies and officials, laws and other regulatory acts of the competent authorities adopted after acceptance of the AGREEMENT and making it impossible to fulfill the obligations established by the AGREEMENT, as well as actions of state or local government and management bodies or their representatives that prevent the implementation of the terms of the AGREEMENT, and other unforeseen circumstances, including problems in the city power grid, technical problems at Internet transit nodes and other violations of the functioning of data transmission networks that are outside the sphere of influence of the Parties, but are not limited to the above.
16.3. In the event of force majeure circumstances impeding the performance of obligations under the AGREEMENT, the deadline for the Parties to perform such obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than sixty calendar days.
16.4. In the event that force majeure circumstances continue to operate for more than the period specified in this section of the AGREEMENT, or when they occur, it becomes obvious to both Parties that the circumstances will operate for more than this period, the Parties undertake to discuss the possibility of alternative ways of executing the AGREEMENT or terminating it without compensation for losses.
17. CONFIDENTIALITY
17.1. The Company's Privacy Policy, in particular, contains conditions for collecting, processing, storing, using, distributing and protecting the USER's personal information, as well as transmitting information about the USER to law enforcement and other government agencies. The text of the PRIVACY POLICY is available at the following link: https://quantum.kg/docs/privacy-policy.pdfquantum.kg/docs/privacy-policy.pdf
18. FINAL PROVISIONS
18.1. The AGREEMENT is available at the following link: https:// quantum.kg /docs/terms-of-use.pdf
18.2. The Organization reserves the right to make changes to the terms of the AGREEMENT and / or withdraw the AGREEMENT at any time at its sole discretion. If the Organization makes changes to the AGREEMENT, such changes will take effect from the moment the amended text of the AGREEMENT is posted on the Internet, unless a different time period for the changes to take effect is additionally determined during such posting.
18.3. If the USER does not agree with the changes and/or additions made, the USER has the right to terminate the AGREEMENT by sending a notification to the Organization.
18.4. The Organization has the right to unilaterally cancel the execution of the AGREEMENT if the Organization finds out that the USER systematically performs suspicious financial transactions (in particular, if there are two or more decisions to refuse the USER to perform financial transactions within six months), facts of violation of the AGREEMENT, including violation of the USER's provided assurances (guarantees), as well as in other cases stipulated by the Organization's GNI.
18.5. The Parties unconditionally agree that silence (the absence of written notifications of termination of the AGREEMENT, or disagreement with certain provisions of the AGREEMENT, including changes in the amount of remuneration) is recognized as the USER's consent and accession to the new version of the AGREEMENT.
18.6. The AGREEMENT comes into force from the moment the USER accepts the terms of the AGREEMENT and other acts of the Organization.
18.7. The Parties unconditionally agree that all correspondence, notices and notifications sent to the email addresses specified as the details of the Parties in the AGREEMENT and/or when filling out the application for registration on the Website by the USER are considered delivered to the addressee in the proper form. The USER has the right to change the contact email address by sending a corresponding application to the Organization from the email address previously specified as contact.
18.8. The Parties are obliged to check the correspondence received to their e-mail addresses in a timely manner. All risks associated with the occurrence of adverse consequences due to non-compliance with the requirements of this clause of the AGREEMENT are borne by the Party that committed such a violation.
19. REQUISITES
19.1. The Parties unconditionally agree to read the information specified by the USER during registration under the USER's banking details.
19.2. ORGANIZATION:
CLOSED JOINT STOCK COMPANY "MODERN DIGITAL TECHNOLOGIES"
Legal address-82 sq. 15 Chuykova str., Pervomaisky district, Bishkek, Kyrgyz Republic
TIN 01604202410312
e-mail: info@quantum.kg