4. Modification of the Registration Information
5. ID and Password Management
6. Specifications of Service
7. Use of Service
9. Maintenance and Receipts of Virtual Currency/Money
11. Markets Transactions
12. Individual Transactions
13. Daily distribution
18. Suspension of Service
19. Warning for Downloading etc.
20. Ownership and Intellectual Property Rights
21. Refusal of Anti-Social Forces
22. Cancellation of Registration
23. Termination of Agreement
25. Prohibition of Assignment
This service cannot be used for citizens or residents of any countries or states where the use of this service is prohibited by laws or regulations which includes residents of Japan.
An account means a trading account opened by the Company's prescribed method in order to manage the virtual currency held by the User and the money the User uses to trade at this service.
Intellectual property means copyrights, utility model, trademark, design rights and other intellectual properties (includes the right to apply for/to acquire these rights).
3.1. Those who apply for user registration, as specified by the Company, can become a User. The company may refuse or accept the user registrations according to discretion.
3.2. We may request some information from the Users, who have finished the registration, at the time of trading or other specified cases when it's necessary according to the relevant laws and regulations. If there is no information provided (by the specified date set by the Company), the Company may suspend all or part of the User's trades. The Company is not responsible for any possible damages caused by this.
3.3. If a User requests to cancel his/her registration, it is possible by a procedure specified by the Company.
4. Modification of the Registration Information
4.1. If a User wishes to change the registered information, the User shall notify the Company and provide the relevant information.
4.2. A User shall notify the Company when the User is corresponding to Politically Exposed Persons etc., a relative of Politically Exposed Persons etc. or when it becomes applicable.
5. ID and Password Management
5.1. The User shall manage his/her registered login ID and password by their own responsibility and shall not lend, hand over, sell, etc. them to a third party.
5.2. The Company shall identify the User by confirming the email address and password, that are input when using this service, with the email address and password the User set at the registration. If the User is successfully identified, the trade will be valid even if a fraud, alteration, theft or other illegal act takes place regarding the registered email address and password.
5.3. The User shall be responsible for any damage caused by a leakage of login ID or password or any unauthorized use of the account by third parties and the Company shall not have any responsibility,
5.4. If user login ID or password is stolen or used by a third party, the User must immediately notify the Company and follow the given instructions.
6. Specifications of Service
6.1. The functions and specifications of this service shall be posted on our website at "https://cieloex.io" (including any web pages on this domain).
6.2. The Users shall agree in advance regarding the functions and specifications of this service to include the following elements.
The Service is not guaranteed to continue indefinitely.
We may change the contents of the Service from time to time at our own discretion
We make no guarantee that the data sent by Users on using his Service will be stored indefinitely.
The continuation of this Service may be difficult or impossible due to problems in telecommunication environment, natural disasters, fire, war, terrorism or other reasons.
We may suspend or terminate all or a part of this Service without giving the Users a notice in advance.
We do not guarantee the security and completeness of this service, including that it is free of bugs or defects.
7. Use of Service
7.3. All computers, software and other devices, telecommunication lines and other telecommunication environments etc., that are required in order to receive provision of the Service must be prepared and maintained by the User (including the installation of necessary apps) at the expense and responsibility of the User.
7.4. All security measures, such as for prevention of computer virus infections and prevention of unauthorized access and information leakage, must be taken by the User at his/her own expense and responsibility in accordance with the environment in which the User uses the Service.
7.6. The Users may need to pay the Company fees specified by the Company in order to use this Service.
7.7. The Users do not acquire intellectual property rights or other rights concerning this Service.
8.1. A User holds an account by completing the registration procedures specified in Article 3. Users may use the opened account to manage virtual currency (meaning of, the Virtual Currency as defined in Article 2(5) of the Payment Services Act, those virtual currencies handled by us in the Service) and money, and to use this Service.
8.2. A User may deposit or add funds to his or her account by our prescribed methods for the purpose of engaging in transactions using this Service. Deposited or added virtual currency shall be deposited when the Company is able to reasonably confirm that such funds or virtual currency have been transmitted, and not at the time of completion of procedures by the User.
8.3. The User must designate the recipient of the virtual currency or money at his or her own responsibility, and if we execute the transfer of virtual currency or money to such recipient in accordance with the instruction of the User, we will not be responsible such virtual currency or money. We also bear no responsibility for the accuracy or validity of the recipient information that the User provides to us.
9. Maintenance and Receipts of Virtual Currency/Money）
9.1. The Company shall manage by distinguishing the virtual currencies deposited by the customer when using this Service from our own property, and also which virtual currency is the customer's virtual currency.
9.2. The Company shall manage the deposits by the customer when using this Service and separate them from the money which is our own property by ways of depositing the customer's money in an account clearly indicated by its name.
When conducting a transaction in this Service, the User shall agree in advance to understand that the following risks exist in the transactions to be performed through this Service and that the specifications of this Service provided by the Company are as following.
The virtual currency deposited by the User is managed by the Company and is handled as public information when transferring through Blockchain.
This service provides a place to buy and sell virtual currency and does not promise or guarantee the conclusion of trading of virtual currency to the Users.
The virtual currencies handled in this Service are neither Japanese currency nor foreign currency, and the value of the virtual currencies is not guaranteed by us or by any third party, including risks of declines in, or extinguishment of the value of, the virtual currencies.
We make no guarantee in respect of the value, function, uses, or purposes of use of the virtual currencies handled in the Service.
Each User must research at his or her own responsibility and expense whether his or her use of the Service violates any laws or regulations, etc., internal rules of industry bodies, or the like that are applicable to the User, and we make no warranty as to whether the use of this Service by the User is in compliance with the laws or regulations, etc., internal rules of industry bodies, or the like that are applicable to the User.
All transactions, communications, disputes and the like that arise between the User and any other User or a third party in connection with the Service be processed and resolved at the responsibility of the User, and we do not bear any burden and costs of handling such matters.
We make no guarantee that we indemnify the User against any losses caused by interruption, suspension, termination, inaccessibility, or changes to the provision of the Service by us, deletion or erasure of messages or User information, cancellation of User registration, erasure of data pertaining to the use of the Service, or fault or damage to devices, or for any other losses incurred by the User in connection with the Service.
We make no guarantee that we indemnify the User against any losses incurred by the User in relation to information obtained from websites that are linked on our website.
We will cancel contracts pertaining to the virtual currencies or money that are formed due to system errors. In this case, we make no guarantee that we indemnify the User against any losses incurred by the User in relation to such cancellation and other in connection with this Service.
We make no guarantee that we indemnify the User against any losses incurred by the User due to the future establishment or amendment of any law, cabinet order, regulation, rule, order, notice, prefectural or municipal ordinance, guideline, or other regulation concerning virtual currency , or of any relevant tax systems (including consumption tax).
We make no guarantee that we indemnify the User against any losses incurred by the User due to the future establishment or amendment of laws and ordinances concerning virtual currency or of any relevant tax systems (including consumption tax) becoming retrospectively effective.
We make no guarantee that we indemnify the User against any losses incurred by the User in the event that the User did not set adequate security settings pertaining to asset management, such as the User not having set up two-step authentication.
We make no guarantee in relation to the value, stability, or legality of the virtual currencies themselves, nor can we guarantee to indemnify the User against any damages caused by their characteristics.
11. Markets Transactions
11.1. In the case of selling virtual currency, the User who is a seller must deposit in advance the virtual currency corresponding to the sales quantity to the User's account.
11.2. In the case of purchasing, the User who is a purchaser shall transfer the virtual currency to the seller at his or her own risk, and the Company will not be responsible for any such transactions.
11.3. Regarding buying and selling virtual currency. the purchaser transfers the corresponding amount, and after the seller has confirmed and notified us, we will transfer the corresponding virtual currency to the sellers account.
11.4. As prescribed in paragraph 3, if the seller shall not confirm the transfer by the purchaser for a certain period, the contract may expire.
12. Individual Transactions
12.1. The virtual currency paid by the purchaser and sold by the seller is temporarily managed by the Company until the contract of the virtual currency trading is established.
12.2. The corresponding transaction shall be executed when the purchase price is equivalent to or exceeds the selling price.
12.3. In the event that the conditions of paragraph 2 of this Article are satisfied, the relevant transaction shall be partially executed based on the smallest number of sales and purchases.
13. Daily distribution
13.1. The Company shall return a part of the fee prescribed in Article 15 to the User within a period specified separately.
13.2. The Company shall return a part of the fee prescribed in Article 15 to the User for each virtual currency.
13.3. The Users shall receive back the fees as virtual currency (CIELO), which is issued by the Company, depositted to their accounts on this Service.
13.4. In the event that the conditions of paragraph 3 of this Article are satisfied, the Users shall receive back the fees regardless of whether the User owns or has/hasn't traded the corresponding virtual currency.
14.1. The Users are be able to automatically mine the virtual currency (CIELO) issued by the Company, according to the separately determined ratio when paying the fee as specified in Article 15.
14.2. When the virtual currency (CIELO), issued by the Company, reaches the maximum issue limit, the Company may stop its mining function without notifying the User in advance.
15.1. When using this Service, the User shall pay fees specified by the Company.
15.2. The payment of the fees shall be withdrawn from the User's account as the virtual currency or money handled by the Company.
15.3. If the User does not pay the necessary charges or fees etc. due the date the Company has set and the registered User's obligation to the Company continues, the Company is able to cancel the obligation or any other claim to the Company at any time without prior notice regardless of the term of the claim. In that case, if judged necessary, the Company is able to cancel the registered User's virtual currency or money payment instruction, cancel the order or dispose the assests held, at any timing without prior notice. We will not take any responsibility for losses etc. caused by such processing.
1. A User who introduces a person using the Affiliate (hereinafter referred to as "Introducer") and if this person who is introduced (hereinafter referred to as "Introduced User") conducts a transaction, part of the transaction fee (hereinafter referred to as "Affiliate Bonus") shall be granted to the Introducer.
2. The Introducer shall get the Affiliation Bonus from any transaction by the Introduced User, regardless of whether or not the Introducer is part of the transaction.
3. The Affiliate Bonus will not increase regardless of the Introducer conducting the transaction by himself/herself.
4. The Affiliate Bonus will be sent to the Introducer in each virtual currency used in the transaction by the Introduced User.
5. The Company reserves the right to modify, suspend, cancel or terminate the Affiliate function without giving the Users a notice in advance.
16.1. Users must not engage in any of the following activities in connection with the Service, whether directly themselves or indirectly through a third party or by any other means.
Activities that violate laws or public order and morals
Activities relating to money laundering
Activities that violate the internal regulations of industry associations to which the Company belongs
Activities that damages the credibility of the Company or a third party
Activities that in fridge the rights or interests of the Company or a third party
Activities that infringe the intellectual property rights, image rights, privacy and other rights or interests of the Company or a third party
Activities that interfere with business related to this Service
Activities that use the information acquired by this Service for purposes other than using this Service, disclosing it to a third party or leaking it
Activities that use this Service by methods or manner other than those prescribed by the Company
Activities that use this Service in a method or manner which the Company judges to be dishonest or inappropriate
Activities that use this Service in an inappropriate or suspicious way, such as repeatedly sending virtual currency or money to the same person in a short time
Activities that use replay attack etc. to intentionally steal the assets of the Company or User by replay attack etc.
Activities that control the market prices of this Service, activities that obstruct a fair price formation
Depositing money for purposes other than to engage in transactions using this Service
Activities that constitute a redundant transfer of virtual currency
Opening multiple accounts as the same person
Opening an account while pretending to be another person
Opening an account using false information
An act of solicitation to other Users in this Service
Activities that use defects or flaws in this Service
Activities that alter the information acquired by using this Service
Sending harmful items such as computer viruses to this Service
Activities that interfere with the operation of this Service
Activities that interfere with the operation of services other than our Service.
The act of preparing or starting to do one of the above
The risk of the activities above
The act of instructing or suggesting to do the activities above
Other activities that the Company judges to be inappropriate
16.2. In the case a User conducts any of the activities in paragraph 1 of this Article, all amounts owned by the User shall become due.
16.3. In the case a User conducts any of the activities in paragraph 1 of this Article, we me claim a penalty as prescribed by the Company.
16.4. In the case when the User's account is deleted as prescribed in paragraph 2 of this Article, even if we have received documents from the User by the time of the deletion, the Company is not obliged to restore it.
16.5. In the case a User corresponds to any of the above or there is a risk of them being applicable, the Company may delete all or a part of the information the User has sent, or delete or suspend the User's account without prior note.
17. Suspension of Service
17.1. We may, without notifying the Users in advance, suspend or terminate provision of all or part of the Service
we conduct regular or urgent inspection or maintenance of a computer system related to the Service
a computer, communication line, etc. shuts down due to a fault
operation of the Service becomes impossible due to a fire, power failure, natural disaster, or any other force majeure
assets managed by the Company are stolen, withdrawn or transferred by hacking or other methods
a failure or abnormality occurs in the system necessary to provide the Service
we are to investigate unauthorized use or the like of User accounts
it is suspected that a criminal act has been conducted in light of information provided by an investigative agency etc. stating to the effect that the Service have been used for a criminal act, such as fraud, or in consideration of other similar circumstances
the liquidity of virtual currency decreases
we otherwise judge that it is necessary to suspend the Service
17.2. We may terminate the provision of all or any part of this Service at our convenience. In that case, we shall notify the Users in advance.
17.3. The Company shall not be held liable for any damages caused to the User resulting from a measure taken by us under this Article 17, unless it is caused by a default, debt or illegal act due to the Company's intention or negligence
18. Warning for Downloading etc.
In cases where at the commencement of or during the use of the Service the User installs software or programs from our website into his/her computers by way of downloading or other means, the User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to his/her equipment. The Company shall not be responsible or liable for such loss or damage incurred by the User.
19. Ownership and Intellectual Property Rights
19.1. All ownership rights and Intellectual Property Rights in and to the Service and the website shall vest in the Company or its licensors, and the use of the Service permitted through the registration under the Terms shall not be construed as granting any license with respect to the website or the Service under any Intellectual Property Rights held by the Company or its licensors. The Registered User shall not, for any reason, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
19.2. The Users shall grant to the Company the non-exclusive, sublicensable and royalty-free license to copy, reproduce, modify or otherwise use in all forms the texts, graphics, videos and other data uploaded or transmitted in the website or the Service by the User.
20. Refusal of Anti-Social Forces
20.1. The User notifies and warrants to the Company that the User himself/herself, his/her officers or employees shall not constitute an Anti-Social Force and none of them have, either directly or indirectly, interacted with, provided funds or benefits to, transacted with, or otherwise been involved, with an Anti-Social Force; the User guarantees that such situation will continue in the future, and warrants and guarantees that the User does not now, and will not in the future, engage in, either by himself/herself or by using a third party, any Anti-Social Acts.
Anti-Social Force are those who fall under any of the following
・an organized crime group
・a member of an organized crime group
・a person for whom a period of five years has not elapsed since that person was an organized crime group member
・a quasi-member of an organized crime group
・a corporation affiliated with an organized crime group
・a shareholder meeting extortionist (sokaiya) or the like
・a corporate extortionist acting under the guise of a social movement or political activity (shakai undo-to hyobo goro)
・a group or individual that in the context of having a relationship with an organized crime group plays a key part in structural injustice using force or through a financial connection with an organized crime group (tokushu chino boryoku shudan to)
・any other person or entity similar to those provided above
・any person or entity who are involved with the above through funds provision etc.
・any person or entity who are in any way involved with the above, such as by cooperating or being involved in the maintenance, operation or management
Anti-Social acts are those that fall under any of the following
・a violent demand
・an unjust demand that exceeds the legal responsibility
・use of threatening language, behavior, or violence in connection with a transaction
・spreading of rumors or use of fraudulent means or force to damage our reputation or to obstruct us
・any other act similar to those above
20.2. If a User falls under the Anti-Social Forces or conducts Anti-Social acts and it turns out that the User made a false statement concerning the representation and commitment based on the provisions of this Article, the Company may judge that to continue the transactions with the relevant User is inappropriate. Upon request from the Company, all amounts owned by the User shall become immediately due and payable.
20.3. The Company shall not be responsible for any damage occurred to the User by the application of this Article, nor can the User request anything from the Company. In the case there are damages to the Company, the User shall be responsible.
21. Cancellation of Registration
If a User falls under any of the following events, we may, without making prior notice or demand, suspend that User from using the Service, cancel that User's registration, or take other measures which we judge necessary and appropriate.
If the registration Information is found to contain false information
If there is a risk that the User uses the Service for purposes that would cause damage to the Company or other Users
If the User uses or attempts to use the Service for purposes or in such a manner as would cause damage to the Company or other Users and the Company determines that there is such a possibility based on inquiries, reports or statements, etc. from public agencies, self-regulatory organizations, and/or other third parties
If the User interferes with the operation of the Service by any means
If the required price or fees are not payed due to the date specified by the Company
If the Company judges by rational reasons that the virtual currency or money received from the User relates to criminal proceeds
If a payment by the User is suspended, or the User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings is instituted with respect to the User
If the User is penalized for dishonoring a check or promissory note, whether self-issued or underwritten, or if the User faces a suspension of transactions and/or other equivalent penalty at a clearing house
If a petition is filed against the User for seizure, provisional seizure, temporary injunction, judicial enforcement or a forced auction
If we decided to abolish, change, transfer or dissolve the business
If the User becomes subject to the procedures for tax delinquency
If the User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance
If the User corresponds to either a minor, an adult ward, a person subject to curatorship, a person subject to a limited guardianship, and without obtaining a consent of a legal representative, a guardian, a curator, an assistant, etc., conducts transactions as a registered User in our Service
If the Company can not reach the User by email or telephone
If the User has not used the Service for a period of three (3) months or more since the last day of use, and has not responded to any communication from the Company
If the User acts inappropriately or has a high-pressuring attitude towards the Company or the Company's employees
If the Company requested an identification of the User, but the User does not comply with this
If the Company is required or requested to do so by public agencies, self-regulatory organizations, etc.
If the Company rationally judges that there is a risk that the above events may occur
If the Company determines for any reason that the continuation of the registration of the User would be inappropriate
22. Termination of Agreement
22.1. If the agreement relating to the use of the Service is terminated, any money or virtual currency deposited in account will be refunded or returned to the User without delay, in accordance with the method prescribed by us. The User must designate the bank account (limited to the User's own bank account) and the recipient of the virtual currency at his or her own responsibility, and if we execute the transfer of money and virtual currency to such bank account or recipient in accordance with the instruction of the User, we will not be liable in respect of such money and virtual currency. We also bear no responsibility for the accuracy or validity of the bank account or recipient information that the User provides to us.
22.2. In cases where it is difficult to return the virtual currency in its original condition s prescribed in paragraph 1, the virtual currency may be converted into cash and refunded in accordance with the method prescribed by the Company.
22.3. Any money (including the sales proceeds described in paragraph 2) that is difficult to be refunded to the User may be, based on the Company's judgement, refunded by remittance via registered mail, deposit, or by any other method deemed appropriate by us.
22.4. Even if the agreement relating to the use of the Service is terminated, we are not liable to return documents, etc., that were received from the User by the time of the termination.
23.1. The Company may change the contents of this agreement at the discretion of the Company in the event of business necessity such as change of laws, self-regulation rules on this service, other rules to be followed by the Company, orders by regulatory authorities, etc.
23.2. The Company reserves the right to make amendments or changes to the Terms and shall notify the User to that effect. If the User uses the Service, or fails to take steps to cancel the registration after the notice set forth above, the User shall be deemed to have agreed to such amendments and changes made to the Terms.
24. Prohibition of Assignment
The Company and the User shall not assign, transfer, grant security interests on or otherwise dispose of his/her status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.
1 The Company shall not be held liable for any of the damages stipulated below.
Damage based on the trading of virtual currency or the value, function, usage, or application of virtual currency
Damage due to invalidation, cancellation, deletion of the virtual currency order or contract, or other reasons caused by hindrance to the effectiveness or establishment of the contract
Damage based on changes in the laws, government ordinances, regulations, decrees, notifications, rules, guidelines, tax system, or other regulations concerning virtual currency
Damage caused by natural disasters, riots, uprisings or other improper acts of resistance
Damage caused by disputes between the User and third parties
Damage caused by the User's connection environment
Damage caused by new or subspecies of computer virus
Damage caused by unauthorized access, hacking, or communication interception that cannot be prevented by excellent attention from administrators
Damage caused by the User's non-compliance with procedures, security measures, etc. as outlined by the company
Damage caused by the third party-developed software (including OS, middleware and DBMS) or database used among the facilities for this service
Damage caused by the third party-developed hardware used among the facilities for this service
Damage caused by measures such as canceling an order related to the sale and purchase of virtual currency due to system malfunction etc. in this service.
Damage caused by malfunction of communication service provided by carrier.
Communication interception law for criminal investigation · other laws and regulations · due to compulsory disposition.
Damage applicable to laws and regulations concerning this service, orders of regulatory agencies, etc., newly establishing, abolishing or changing the interpretation of self-regulation rules and other rules to be followed by the Company (including the case where its effect is retroacted.)
Damage caused by third party's website or goods or services regardless of whether or not it links with our website.
In addition to the damages stated above, damages by grounds that can not be attributed to the company's responsibility.
25.2. Notwithstanding any provision that exempts our responsibility in this Article, even if we are liable for damages against this member due to the application of the Consumer Contract Act or for other reasons, the extent of the damages will be determined directly. It will be limited to the damage actually occurred as a cause, [up to one month from the time of the occurrence] and up to the total amount of the fee specified in Article 15 received from the member.
26.1. For the purposes of the Terms, "Confidential Information" means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the Registered User in connection with the Terms or the Service in writing, orally or in storage media. However, information that falls under any of the following items is excluded from the definition of Confidential Information.
Information that, at the time it was provided, disclosed, or otherwise made known to the user, was already publicly known or was already known by the user.
Information publicly known through publication or otherwise without fault of the user after the information is provided or disclosed by our Company to or comes to the knowledge of the user
Information that the user lawfully obtained without the imposition of a confidentiality obligation from a third party who has the authority to provide or disclose the information
Information that the user developed independently without relying on Confidential Information
26.2. User shall strictly manage Confidential Information with the due care of a good manager and shall use Confidential Information only for the purpose of using the Services.
26.3. User shall not provide, disclose, or divulge any Confidential Information of Our Company to a third party without our prior written consent.
26.4. User must promptly return or destroy all Confidential Information as well as any documents or other recording media on which Confidential Information is stated or contained, and all duplicates thereof instructed by Our Company.
26.5. Notwithstanding to the provisions above, user may disclose Confidential Information pursuant to law or an order, request, or demand of a court or government agency. However, if a user receives such an order, request, or demand, it must promptly notify us to that effect.
Inquiries concerning this Service, contact or notifications to our Company from registered Users, as well as notifications regarding changes to this contract, or contact or notifications to registered Users from our Company will be handled in accordance with the method prescribed by our Company.
28.1. The User shall not assign, transfer, grant security interests on or otherwise dispose of his/her status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.
28.2. In cases where the Company has assigned business regarding the Service to a third party, the Company may, as part of such assignment of business, assign to the third-party assignee all or part of its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this Article, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Company which would result in a transfer of the business.
If any provision of these Terms or part thereof is held to be invalid under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.
Any matters not provided for in the Terms or those giving rise to any doubts with the interpretation of the Terms, shall be promptly solved through discussions between the Company and the User.
Created on February 15, 2019
UIpdated on April 19, 2019