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Terms and Conditions of Use for Secure Platform

This Terms and Conditions of Use last updated on 12 December 2024

AI AND ROBOTICS VENTURES COMPANY LIMITED (“Company” or “we”) has established these Terms and Conditions of Use for Secure Platform (“Terms and Conditions of Use”) to set forth the terms and conditions for your use of our Platform (as defined hereinbelow) services. These Terms and Conditions of Use are binding between the Company and you. Therefore, please thoroughly review these Terms and Conditions of Use before using the Platform. By using this Platform, you agree to strictly comply with these Terms and Conditions of Use. If you do not wish to be bound by any or all of these Terms and Conditions of Use, please discontinue using the Platform immediately.

1. Definitions

  • 1.1 “Terms and Conditions of Use” means these Terms and Conditions of Use for Secure platform.
  • 1.2 “Services” means the various services provided by the Company to Users on the Platform as specified in Clause 3 of these Terms and Conditions of Use.
  • 1.3 “User” or “you” means any persons who access and/or use the Platform.
  • 1.4 “Platform” means the website, application, and/or any other form of platform under the name “Secure” provided by the Company for you to access and use the Services.

2. General Provisions

  • 2.1 The User agrees and warrants that they are of legal age and have the legal capacity to enter into and be bound by these Terms and Conditions of Use which may be amended, supplemented or changed from time to time, including any other relevant policies, terms and agreements.
  • 2.2 To use the Platform, the User must use the version of operating system required by the Company. Otherwise, you might not be able to use the Platform
  • 2.3 Your access and use of the Platform may incur costs from using Wi-Fi or mobile networks, which you will be solely responsible for.
  • 2.4 The Company reserves the right to change, modify, improve, suspend or terminate the provision of the Platform or any Services on the Platform, whether in whole or in part, at any time, and with or without notice as the Company may deem appropriate and which will be in accordance with the applicable law.

3. Services

  • 3.1 The Company provides a digital mobile wallet service as a non-custodial wallet on the Platform, enabling Users to receive and transfer digital assets between the Platform and digital wallets provided by third parties, including storing Users’ various digital assets. The User acknowledges that the Company merely provide digital mobile wallet service for said purposes and the Company does not have obligation to control or store the private key for the User.
  • 3.2 In using the Services, you must register for a user account. Your hereby represent that the information provided by you when registering for a user account is your information and that such information is correct, complete and up-to-date. The Company reserves the right to verify your identity in the cases where the Company deems appropriate. Moreover, in the cases where the User would like to receive or transfer digital asset between the Platform and digital wallet provided by third party which requires that Know Your Customer be conducted on you before using the service, the User may verify yourself via ThaiD which is a service provided by the Department of Provincial Administration, Ministry of Interior, by going to the “Setting” on the Platform and selecting the “Verify Your Identity”
  • 3.3 You acknowledge and agree that your user account information, including your password and Secret Recovery Phrase, is confidential and must be securely stored. You must not disclose or share this information with anyone or allow others to use your User Account. Any actions taken under your user account will be deemed to have been performed by you and are solely your responsibility. If you become aware of or have reason to suspect unauthorized access to or use of your user account, you must immediately notify the Company.
    You agree that it is your responsibility to remember and securely store your password and Secret Recovery Phrase for accessing the Platform. If you cannot access your User account, such as forgetting your password, you will be able to regain access using your Secret Recovery Phrase. You acknowledge that the Company does not store your password or Secret Recovery Phrase. Therefore, if you forget your password and lose your Secret Recovery Phrase, you will no longer be able to use the Platform.
  • 3.4 You are solely responsible for verifying the accuracy of all details before initiating any transfers or receiving assets. You accept and agree that any transactions conducted through your User account are deemed to have been executed by you and are valid, complete, and binding in all respects.

4. Platform Usage Restrictions

  • 4.1 In accessing the Platform and using any Services on the Platform, you agree not to use the Services in a manner that causes or may cause damage, impairment, or disruption to the Platform’s operation, or in a manner that interferes with the Services or the Platform’s operation. You also agree not to use the Platform in any way that is contrary to or violates any applicable laws.
  • 4.2 You agree not to post or upload any content which having the following characteristics:
    • 4.2.1 Any content which infringes the intellectual property rights of the Company or any other third party.
    • 4.2.2 Any content which is false, untrue and may cause misunderstanding.
    • 4.2.3 Any content which is against public order and good morals.
    • 4.2.4 Any content which violates any applicable laws, regulations or rules.
    • 4.2.5 Any content which contains personal data of others, such as name, surname, email, or any data which enables identification of such other persons.
  • 4.3 You agree not to post, upload, send or introduce viruses, trojans, worms, malware or any similar items into the system.
  • 4.4 The Company reserves the absolute right to take legal actions or any legal proceedings if you access or use the Platform in violation of this Clause 4.

5. Intellectual Property

Unless otherwise specified, the Company is the sole owner of the intellectual property rights in the trade names, trademarks, software, programs, and all content appearing on the Platform (collectively referred to as “Company’s Intellectual Property”). You must not amend, alter, modify, imitate, copy, display, publish or distribute, as well as must not duplicate the Company’s Intellectual Property, except for the sole purpose of using the Services.

6. Personal Data Protection

The Company recognizes the importance of your personal data. The collection and processing of your personal data will be in accordance with the Personal Data Protection Notice for Secure Platform.

7. Disclaimers

To the fullest extent permitted by law, you acknowledge and agree that while the Company strives to provide efficient and secure services, the Company cannot guarantee or warrant the following:

  • 7.1 The Company does not guarantee or warrant the accessibility and availability of the Platform. The Platform and any Services provided on the Platform are offered on an “as is” and “as available” basis. To use the Platform, you must use your own discretion to determine whether the Platform is usable and/or suitable for your specific purposes.
  • 7.2 The Company does not guarantee or warrant that the Platform and/or any content on the Platform will be free from infringement of any third-party rights.
  • 7.3 The Company does not guarantee or warrant that the Platform will be free from viruses, trojans, worms, malware or any similar items, or that the Platform will be uninterrupted or error-free.
  • 7.4 The Company does not guarantee or warrant the accuracy or completeness of any content on the Platform.
  • 7.5 The Company does not guarantee or warrant that you will be able to use the Services at any time, nor does it guarantee or warrant that you will be able to use the Services without any interruptions.

8. Limitation of Liability

  • 8.1 To the fullest extent permitted by law, you acknowledge and agree that the Company shall not be liable for any loss, damage, liability, or expense of any kind arising from your use of the Platform or from any legal proceedings resulting from your use of the Services, or from any defects, errors, omissions, interruptions, delays of the Platform, system failures, data transmission failures, force majeure events, system maintenance, or system upgrades. This includes, but is not limited to, direct damages, indirect damages, incidental damages, consequential damages, or punitive damages.
  • 8.2 The Company shall not be liable for any damage to your device resulting from your use of the Services in a manner which is improper, inappropriate or non-compliant with these Terms and Conditions of Use.
  • 8.3 The Company shall not be liable for any damage arising from your use of any information or content obtained from the Services.
  • 8.4 Nothing in these Terms and Conditions of Use shall exclude the Company’s liability for any damage or loss related to life, body, gross negligence, or any liability that the law explicitly stipulates that it cannot be excluded.

9. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates and subsidiaries, including their respective directors, officers, employees, agents, representatives and partners of the Company and its affiliates and subsidiaries, from any loss, liability and/or responsibility arising from any claims (including attorney’s fees) in connection with or is related to your access or use of the Services in violation of these Terms and Conditions of Use or applicable laws.

10. Relationship between the Company and You

Nothing in these Terms and Conditions of Use shall create or be deemed to create an agency, partnership or joint venture relationship between the Company and the User.

11. Third-Party Websites

This Platform may contain links to third-party websites (“Third-Party Websites”) or provide links to such Third-Party Websites, or User access such Third-Party Websites on your own through the Platform. However, the Company does not operate or control any Third-Party Websites. Therefore, the Company cannot guarantee or warrant the accuracy, safety or reliability of Third-Party Websites, and shall not be held responsible or liable for you or any other person arising from the use of said Third-Party Websites. The Company recommends that you read and understand the policies and terms of said Third-Party Websites before using them for your own benefit.

12. Notices

Any notices to the Company are to be sent to the address specified in the “Contact Us” section below. If the Company needs to send any notices to you, the Company will send such notices to the contact address you provided during the Services registration or any address you may have subsequently provided to the Company.

13. Amendments

The Company reserves the right to amend, modify or update these Terms and Conditions of Use from time to time the Company deems appropriate or as required by law. The Company will post the updated Terms and Conditions of Use on the Platform and/or send them to you using the contact information you provided. If you continue to use the Platform after any amendments, it will be considered that you agree to be bound by the amended Terms and Conditions of Use. However, if any amendments, additions, changes or updates are considered significant, the Company may notify you of such amendments, additions, changes or updates at least 15 (fifteen) days in advance before they take effect.

14. Waiver

The Company’s failure to exercise or delay in exercising any rights, whether in whole or in part, will not affect the Company’s rights, authorities and remedies the Company is entitled to pursuant to the Terms and Conditions and/or applicable law.

15. Validity of the Terms and Conditions

If any provision of these Terms and Conditions of Use is found to be non-binding, invalid, illegal or unenforceable under the law, such provision shall not affect the bindingness, validity, legality and enforceability of the remaining provisions of these Terms and Conditions of Use.

16. Governing Law and Dispute Resolution

  • 16.1 These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Thailand
  • 16.2 In the event of any disputes, the courts of Thailand shall have jurisdiction to adjudicate and resolve such disputes.

17. Contact Us

If you have any questions regarding these Terms and Conditions of Use, the use of the Services, or the use of the Platform, please contact:

AI AND ROBOTICS VENTURES COMPANY LIMITED
No. 304, Vanich Place Aree Building (Building A), 25th Floor,
Unit 2501, Phahonyothin Road, Samsen Nai Subdistrict,
Phaya Thai District, Bangkok 10400, Thailand
Email arv.secure@arv.co.th