This Terms and Conditions of 001RWA Investment ("Terms and Conditions") is made between you ("User") and PT CTXG Indonesia Berkarya, a limited liability company established under the laws of Republic of Indonesia ("Mobee").
(User and Mobee hereinafter individually referred to as "Party" and collectively referred to as the "Parties")
This Terms and Conditions sets forth the terms and conditions under which the User uses the 001RWA Investment provided by Mobee ("Investment") on Mobee Platform (“Mobee Platform”). By clicking "agree", the User agrees that the User reads, understands, and accepts all of the terms and conditions set forth in this Terms and Conditions as well as Mobee's Privacy Policy and General Terms and Conditions.
If the User has any question related to Investment and/or this Terms and Conditions, please contact Mobee's customer service [customer.support@mobee.io].
Risk Disclosure
By investing in any crypto assets related products including 001RWA, the User should be aware of the substantial risk that the User may lose a part or the entirety of the principal invested in such products, as crypto assets may experience volatility in value. The User is advised to carefully consider the risk exposure before using such service in respect of the User's financial condition as crypto assets related services are not suitable for every client. The User hereby agrees that Mobee, in providing the service, has not acted and is not acting as a fiduciary and has not provided recommendations or advise with respect to particular investment decisions.
- Definitions
1.1. In this Terms and Conditions, the following words and expressions shall
have the following meanings:
1.1.1. “User'sAccount” means the account you have registered and
passed the Know Your User process on the Mobee Platform.
1.1.2. “Crypto Asset” means an intangible commodity in digital form,
using cryptography, information technology networks, and
distributed ledgers, to regulate the creation of new units, verify
transactions, and secure transactions without interference from
other parties.
1.1.3. “Dispute” means as defined under Article 18.1.
1.1.4. “Reward” means the compensation that the User receives for
Investment subscribed by the User.
1.1.5. “Force Majeure” means as defined under Article 16.1.
1.1.6. “Confidential Information” means as defined under Article 17.1.
1.1.7. “Indemnified Parties” means as defined under Article 10.1.
1.1.8. “Principal Amount” means the principal amount of Crypto Asset
used by the User for Investment.
1.1.9. “Revised Terms and Conditions” means as defined under
Article 18.1.
1.1.10. “Investment Instruction” means as defined under Article 2.6.
1.1.11. “Investment Period” means refers to a period during which the
User's Crypto Assets are locked in Investment.
1.1.12. “Partner” means any third party whose services Mobee utilizes
to implement and provide for Investment.
1.1.13. “Terms of Investment” means as defined under Article 2.1.
1.1.14. “Privacy PolicyandGeneralTerms and Conditions” means the
privacy policy and general terms and conditions on Mobee
Platform.
1.1.15. “External Wallet” means a digital wallet that allows the storage
of Crypto Assets generated by Mobee to support deposit and
withdraw for the User related to the investment and this external
wallet will be managed by Partner. - Operation Of The Investment
2.1. By using Investment on Mobee Platform, the User shall be subject to
and agrees to be bound with Mobee's terms of the relevant Crypto
Asset used for Investment ("Terms of Investment").
2.2. The User can give a Investment Instruction to Mobee in the
Investment concerning the transfer of the User's Crypto Asset from
the User Account to External Wallet. To be accepted, Investment
Instruction must contain the information required in Investment at
the time. The User must carefully verify the content of Investment
Instruction given that a Investment Instruction cannot be canceled
after its execution. Once the User has provided a Investment
Instruction, the locking event appears as a confirmed transaction in
the Investment.
2.3. Mobee may, at its sole discretion, accept or reject any Investment
Instruction, and Investment Instruction does not obligate Mobee to
execute it. Thus, Mobee may unilaterally decide not to execute a
Investment Instruction and return the Crypto Asset subject to
Investment Instruction to the User's Account.
2.4. By providing an Investment Instruction, the User authorizes Mobee to
act as an intermediary for and on behalf of the User. The
authorization is necessary for the implementation of Investment
during Investment Period and authorizes Mobee to perform any
action it deems necessary for providing Investment. When acting as
an intermediary, Mobee has the right for and on behalf of the User,
for example: (a) to transfer the Crypto Assets specified in Investment
Instruction from the User's Account to an External Wallet managed
by Mobee or the Partner, which may also contain Crypto Assets of
other Mobee customers; (b) to use the Crypto Assets using Partners;
and (c) to charge the User the commission in accordance with the
Terms of Investment and/or Partners' fees or other costs and
expenses payable by the User. The 001RWA assets that are used for
the Investment are purchased on the ATT Foundation's Initial
Offering (IEO) platform operated by the Partner and not traded on
Mobee exchange.
2.5. Mobee will use its best efforts to execute accepted Investment
Instructions, but cannot guarantee that an Investment Instruction can
be fully executed as the execution of Investment Instruction is
dependent on factors beyond Mobee's control. Through Investment
Instruction, Mobee transfers the Crypto Assets specified in
Investment Instruction to an External Wallet for Investment, from
where Mobee's Partner further transfers the User's Crypto Assets to
an Investment Account managed by the Partner. From this
Investment Account, the Partner shall allocate the User's Crypto
Assets to the nodes of the blockchain network of the Crypto Asset
defined in Investment Instruction for use during the Investment
Period. Due to the manual processes of Investment and differences in
validation processes and timeframes of different blockchains, the
User acknowledges and accepts that there may be delays in the
execution of Investment Instruction.
2.6. Once the Investment transaction is confirmed and the locking event
appears, the User is unable to terminate or cancel the Investment
until it reaches the maturity date of 8 (eight) years as of the date of
the transaction is confirmed (“Investment Period”). The Investment
Period shall also be displayed in the Terms of Investment.
2.7. Due to the characteristics of Investment, the User acknowledges and
accepts that the User cannot modify, or in any other way determine
Investment during Investment Period. As compensation, a successful
Investment accrues a Reward to the User's Account generated during
Investment Period.
2.8. Crypto Asset market and the performance of the digital
advertisement and LED screens used for Investment, consequently,
Investment may face many exceptional and unpredictable market
disruptions and/or other realizations of the risks referred to at the
beginning of this Terms of Investment. Such occurrence may include,
but are not limited to: (a) Investment of Crypto Asset subject to
Investment Instruction cannot be executed; (b) a system failure in
Investment; (c) a significant volatility in the value of the Crypto Asset
subject to Investment Instruction; and (d) Mobee or the Partner or
any other party relevant to the operation of Investment experiences
technical or operational issues or becomes insolvent.
2.9. In the event of any market disruption, Mobee may, at its discretion,
take one or more of the following actions:
(a). prevent the User from using Investment;
(b). prevent the User from using the Crypto Assets in Investment;
and/or
(c). delay the execution of Investment Instruction and/or the
transfer of the Reward to the User Account.
2.10. Thus, when considering the adoption of Investment, the User
acknowledges and accepts that Mobee may not be able to offer
Investment uninterrupted in all circumstances. The User also
acknowledges and accepts that in the event that Mobee acts as
described, Investment Instruction may not be executed, and/or the
User may suffer significant losses, and the Crypto Assets may even
be permanently lost.
2.11. These Terms of Investment are valid until further notice. Mobee may
unilaterally terminate these Terms of Investment with immediate
effect, including during Investment Period, if the User breaches
these Terms of Investment. The User's actions are considered to
violate the terms at least in the following events: (a) the User acts
and/or uses Investment in a manner that violates the law or the
rights of a third-party; and/or (b) the User attempts to add or adds
content to the Crypto Asset blockchain or Investment that is harmful
to their operation.
2.12. By using Investment, the User agrees to this Terms and Conditions,
Mobee's Privacy Policy and General Terms and Conditions which
shall form part of this Terms and Conditions.
- Investment Process
3.1. Investment Process:
(a). Step 1: Open Investment Menu (displayed as $001RWA)
The User opens the Investment menu on the Mobee's platform
to initiate the Investment process.
(b). Step 2: User Purchase ATT Token
The User purchases ATT Token on Mobee Platform. The
maximum amount of ATT Token that can be purchased by the
User for Investment is 500 ATT Token.
(c). Step 3: User Withdraw Purchased ATT Token
The User withdraw their purchased ATT Token to External
Wallet using Polygon chain.
(d). Step 4: User Stake Purchased ATT Token
The User stake their purchased ATT Token for 7 (seven)
calendar days to get allocation right to purchase $001RWA
(e). Step 5: User purchases $001RWA.
After the User gets maximum allocation of right to purchase
$001RAW, the User can purchase $001RWA with USDT on
Partner's IEO platform for the Investment.
(f). Step 6: User's ATT Token return to User's wallet on Mobee
Platform
The User's ATT Token will be returned to the User's wallet on
Mobee Platform after filling the User's CID from Mobee Platform
on Partner's platform.
(g). Step 7: User withdraw $001RWA
The User can withdraw their $001RWA on Partner's platform to
the User's wallet on Mobee Platform using the Polygon chain.
(h). Step 8: Selecting growth pool
Once the $001RWA arrives on the User's wallet on Mobee
Platform, the User can go to Investment Menu and select
Growth Pool Menu and select the amount of $001RWA they
wish to use for the Investment.
(i). Step 9: Confirm Investment request
The User confirms the Investment request, ensuring all entered
data is correct.
(j). Step 10: Investment Initialization and Delegation to Partner
The Investment request is recorded in the database, and the
selected $001RWA are stored in External Wallet.
(k). Step 11: Locking Process and Reward Generation
The locking process starts in the Partner's system, and
Rewards are generated on the first day and fifteenth day of
each month.
(l). Step 12: Taking Commission from Rewards
The Partner takes a commission from the generated Reward.
(m). Step 13: Mobee Receives Reward
Mobee receives the Reward generated from Investment.
(n). Step 14: User Receives Rewards
The User starts receiving the Reward generated from
Investment.
(o). Step 15: Reward Monitoring
The User can monitor the Reward received. - Reward Calculations
4.1. The User is entitled to a Reward based on Investment, upon
successful completion of Investment Period. Mobee will transfer the
Reward to the User in [ATT token]. The indicative time frame for the
transfer of the Reward is provided when making Investment
Instruction and on Mobee Platform. Mobee reserves the right to
deviate from the stated time frame in the event of any disruption
and/or delay in the transfer of the Reward to Mobee by the Partner.
4.2. The amount of the Reward potentially due to the User is a certain
percentage of the amount of the locked Crypto Assets. The
percentage varies based on changes in market conditions during the
Investment Period. The Reward shall be received by the User and sent
to the User's wallet twice every month, on the first and fifteenth day
of the month. Mobee is not responsible for any delay or failure in
distributing the Reward to the User by the Partner.
4.3. As a fee for Investment, Mobee charges the User a commission at any
given time on the value of the Reward, including any fees and/or
commissions charged by Partners, before the Reward is paid to the
User. The amount of the commission is provided on Mobee’s website
or in Investment when making Investment Instruction. Mobee also
reserves the right to withhold any portion of the Reward exceeding
the commission if Mobee has receivables from the User based on any
other Mobee's services.
4.4. Mobee strives to provide the User with information about Investment
and the amount of the Reward in Investment before, during, and after
Investment Period. However, Mobee does not guarantee a specific
rate of return to the User, and the amount of Reward communicated
to the User at the time of Investment Instruction may not necessarily
correspond to the final Reward, or the Reward may be completely
forfeited. - User's Rights And Obligations
5.1. The User is obliged to use Investment service only in their own name
and on their own behalf unless otherwise expressly agreed in writing.
The User is obliged to make each decision (including the decision to
use Investment, and the decision to give an Investment Instruction)
independently and at its own risk. All decisions made by the User
must be based on the User's own investigation and assessment of
Mobee and Investment, and the risks associated with Investment. The
User should consult appropriate parties in making investment
decisions where necessary.
5.2. By using Investment, the User warrants that:
(a). the User takes sole responsibility for all its decisions and actions
regarding Investment;
(b). the User is capable of assessing the risks associated with
Investment, and acknowledges and accepts that all actions
taken and decisions made by the User in Investment are based
entirely on the User's own judgment and decision making;
(c). all Crypto Assets used for Investment are owned by the User;
(d). all Crypto Assets used for Investment are free and clear of any
encumbrances, and are not subject to any claim, demand,
receivable, option, or other right of any kind by any third party;
(e). the User takes sole responsibility for the legality of its actions;
(f). the User takes sole responsibility for any potential tax
obligations related to Investment and acknowledges and
accepts that Mobee does not provide any tax-related services;
(g). the User does not use Investment for any illegal or objectionable
purpose or in bad faith. - No Guarantee On Reward
6.1. The User acknowledge that Investment is subject to substantial risk,
including the risk of significant or total loss of the User's Principal
Amount. There are no assurances or guarantees made by Mobee or
any associated parties that any product or services will result in a
profit or even a Principal Amount guarantee.
6.2. Notwithstanding anything to the contrary in this Terms and
Conditions, the User acknowledges and agrees that Mobee makes no
guarantee regarding the likelihood or probability as to the Reward on
Investment and the actual Reward on Investment may vary
significantly from the Reward. - Fee In Relation To Investment
7.1. Mobee may charge fees for the subscription of Investment as
presented in the Terms of Investment. - Disclaimer of Risks
8.1. Investment hereunder is not equivalent to a deposit. The User should
therefore not treat Investment as a substitute for ordinary savings or
deposits, and are not eligible for any public or private deposit
insurance protection.
8.2. Extreme market conditions such as volatile price movements may lead
to an unpredicted large volume of withdrawal requests submitted to
Mobee Platform. This may affect the normal use of Mobee Platform
and Mobee may restrict the User's ability to submit withdrawal
equests.
8.3. Crypto Assets and 001RWA assets are subject to the risk of fraud,
cyber-attack, theft, manipulation, or security failures. Transactions in
Crypto Asset may be irreversible, and, accordingly, losses due to
fraud, theft or manipulation may not be recoverable. Investors in
Crypto Asset therefore have little or no recourse should such theft,
fraud or manipulation occur and could suffer significant losses.
8.4. Crypto Assets and 001RWA assets are subject to applicable law.
Mobee is not responsible and liable for any losses suffered by the
User if in any event in the future the Investment and/or the relevant
Crypto Asset used for the Investment is prohibited by the applicable
law and/or regulation. - Acknowledgement of Utilization of Assets
9.1. By using Investment, the User agrees that during the period of
Investment, The Partner may, to the extent permitted by law, at its
discretion apply part or all of the User’s Crypto Asset under
Investment as the Partner deems appropriate to use any amount of
the relevant User's Account underlying the Principal Amount,
separately or together with other property, with all attendant rights of
ownership, and for any period of time.
9.2. The User acknowledges that, with respect to any or all of User's
Accounts underlying the Principal Amount used by the Partner
pursuant to this preceding paragraph: (a) the User will not be able to
exercise rights of ownership; and (b) The Partner may receive benefits
or earnings other than the Reward in connection with using such
Principal Amount in its business to which the User will have no
entitlement.
9.3. The User hereby grants full power and authority to the Partner to
carry out the actions as described in Article 9.1 above. This power and
authority cannot be revoked and is an essential thing which is an
integral and inseparable part of this Terms and Conditions, without
which this Terms and Conditions shall not be made, and shall not
terminate for any reason during Investment period. - Indemnification
10.1. The User hereby agrees to indemnify and hold Mobee and its
subsidiaries and affiliates, third-party service providers and their
officers, member of the board of directors and commissioners,
officers, joint ventures, trust and employees ("Indemnified Parties")
harmless from any loss, claim, cost, or demand arising out of or
related to the User's:
(a). breach of this Terms and Conditions or any related terms and
conditions;
(b). improper use of Investment;
(c). violation of any law, rule or regulation, or the rights of any third-
party; and/or
(d). any loss as a result from the User's default, fraud, or gross
negligence.
Any invalidity, unenforceability, release or discharge of the liability of
the User to any of the Indemnified Parties shall not affect the liability
of any other persons (if any) to the Indemnified Parties. - Liability
11.1. Mobee shall not be liable for the User's loss arising from:
(a). the conditions described under Article 10.1 above;
(b). any malfunction, defect or error in any terminal used to process
any instructions from the User, or other machines or system of
authorization whether belonging to or operated by other
persons or Mobee;
(c). any delay or inability on Mobee's part to perform any of
Mobee's obligations under this Terms and Conditions because
of any Force Majeure event;
(d). any damage to or loss or inability to retrieve any data or
information that may be related Investment or Mobee's
services hereunder;
(e). any underperformance, negligence or default of any third-
parties that Mobee may engage, such as Crypto Asset wallet
providers or exchanges, in providing the services and
Investment, directly or indirectly; or
(f). fraud or forgery of any third-parties;
11.2. Mobee shall not be liable for the User's:
(a). business interruption, loss of revenue or profits, loss of
business opportunity, customers or contracts, goodwill,
opportunity or anticipated savings whether direct or indirect,
even if Mobee is advised of or knew or should have known of
the possibility of the same;
(b). any indirect or consequential loss;
11.3. In any event, Mobee's total liability to the User in respect of
Investment under this Terms and Conditions shall not exceed the
Principal Amount. - Tax
12.1. Each Party shall be responsible for the taxes that may be imposed or
levied required by applicable law in relation with this Terms and
Conditions and/or the transactions hereunder. - Governing Law
13.1. This Terms and Conditions shall be governed by and interpreted in
accordance with the laws of the Republic of Indonesia. - Change of Control
14.1. In the event Mobee is restructured or is acquired by or merged with a
third-party entity, Mobee reserves the right, in any of these
circumstances, to transfer or assign the User's information that has
been collected by Mobee as part of such acquisition, merger, sale or
other change of control. - Assignment
15.1. Mobee may assign or transfer to any third-party, including but not
limited to other company, subsidiary, or affiliate of Mobee by
providing written notice of such assignment or transfer.
15.2. If the User wishes to transfer any rights or obligations under this
Terms and Conditions, the User needs to obtain a written consent
from Mobee of such assignment. - Force Majeure
16.1. Force majeure is an event or condition that is reasonably beyond the
control of a Party ("Force Majeure"), where it in its nature cannot
prevent or overcome it, including but not limited to, natural disasters,
floods, fires, epidemics, war (both declared or not), rebellion, armed
conflict, riots or turmoil, coups, revolutions, acts of terrorism,
sabotage, criminal acts, nuclear explosions, electrical disturbances,
systems, or third party networks, or changes in government policies
or law and regulations that reasonably and materially affect the
ability of the Party to fulfill its obligations under the Terms and
Conditions or other terms and conditions.
16.2. Non-fulfillment or non-performance of Mobee's obligations under
this Terms and Conditions shall not be deemed a default or breach of
this Terms and Conditions if it is due to Force Majeure. Mobee shall
not be responsible or liable to the User for any and all of the
damages suffered by the User caused by or incidental to such Force
Majeure. - Confidentiality
17.1. Each Party agrees to keep secret and confidential and not to use,
disclose or divulge to any third party or to enable or cause any
person to become aware of any information relating to this Terms
and Conditions (“Confidential Information”). All Information shall
only be used for the purpose of this Terms and Conditions;
17.2. Each Party may disclose the Information to its affiliated company,
board of directors, board of commissioners, employee, officer, and
consultants limited to those who need to know the Information
provided that the Parties shall ensure that such affiliated company,
board of directors, board of commissioners, employee, officer, and
consultants comply the confidentiality provisions under this Terms
and Conditions.
17.3. The confidentiality obligation under this Terms and Conditions shall
not apply for the information that:
(a). was public knowledge or already known to the receiving Party
at the time of disclosure;
(b). subsequently becomes public knowledge other than by breach
of this Terms and Conditions;
(c). subsequently comes lawfully into the possession of the
receiving Party from a third party; and
(d). provided that prior to disclose any Information, the disclosing
Party shall notify and consult the substance and form of
Information which will be disclosed to the other Party.
17.4. If there is proof of illegal dissemination and/or disclosing Information
by the User under this Terms and Conditions, Mobee shall have the
rights to claim compensation to the User for the damaged caused
and/or shall be caused.
17.5. The confidentiality obligations under Terms and Conditions shall
continue to apply after termination of this Terms and Conditions. - Dispute Settlement
18.1. Any dispute, controversy or claim arising out of, or in connection with
this Terms and Conditions whether in relation to its existence,
validity, performance, interpretation or termination (“Dispute”), shall
be settled through amicable settlemet within a period of 30 (thirty)
calendar days after written notice of the Dispute which must be
submitted by registered mail to Mobee. In the event that the Dispute
cannot be settled through amicable settlement within a period of 30
(thirty) calendar days, then Mobee and the User may settle the
Dispute Alternative Dispute Resolution Institution (LAPS) OJK or
South Jakarta District Court. - Miscellaneous
19.1. Mobee may amend or modify the Terms and Conditions at any time
by posting the revised agreement on the Mobee Platform and/or
providing a copy to the User (the “Revised Terms and Conditions”).
If the User continue to use Investment under this Terms and
Conditions after the Revised Terms and Conditions is posted on the
Mobee Platform or provided to the User, the User shall be deemed to
have accepted the Revised Terms and Conditions and such Revised
Terms and Conditions shall be binding on the User. If the User do not
wish to accept the Revised Terms and Conditions, the User should
notify Mobee as promptly as possible. The Terms and Conditions can
only be amended or modified pursuant to this Article. No employees
of Mobee or associated parties may unilaterally or jointly amend or
modify this Terms and Conditions in any other way.
19.2. The express or implied waiver by any Party of any of its rights or
remedies arising under this Terms and Conditions or by law shall not
constitute a continuing waiver of the right or remedy waived or a
waiver of any other right or remedy.
19.3. If any term of this Terms and Conditions is unlawful or unenforceable
under any applicable law, it will, to the extent permitted by such law,
be severed from this Terms and Conditions and rendered ineffective
where possible without modifying the other terms of this Terms and
Conditions.
19.4. This Terms and Conditions (including documents incorporated by
reference herein) comprises the entire understanding and agreement
between the User, and Mobee as to the subject matter hereof, and it
supersedes any and all prior discussions, agreements and
understandings of any kind (including, without limitation, any prior
versions of this Terms and Conditions), and every nature between
and among the User and Mobee.
In this Terms and Conditions, the following words and expressions shall have the following meanings:
- Earn Product Subscription
2.1. By subscribing to the Earn Product on Mobee's Platform, the User shall be subject to and agrees to be bound by Mobee's terms of the relevant Earn Product ("Terms of Product").
2.2. Mobee may offer the User the function to settle the User's Earnings in investing in the Earn Product provided by Mobee. The User may select to use this function and specify the Crypto Asset that the User decides the Earnings to be settled on the Earn Product page before subscribing for an Earn Product.
2.2.1. Upon selecting, the User hereby authorizes Mobee to settle the User's Earnings accrued for each day from the User's Account used to subscribe for the Earn Product to the designated Crypto Asset selected by the User. The rate of exchange between the Account used to subscribe for the Earn Product and the designated Crypto Asset selected by the User is based on the real-time rate of exchange.
2.3. Before subscribing for an Earn Product, the User bears the responsibility to ensure that there are sufficient Crypto Assets on the User's Account for such subscription. The User shall not be able to complete the subscription if Mobee decides in its sole discretion that the User's Account has insufficient Crypto Assets and/or balance for any relevant subscription.
2.4. After subscribing for an Earn Product, the User agrees that the Principal Amount for the Earn Product shall not be available for the User's use as of the Start Date until the Maturity Date.
2.5. If the Earn Product page shows “Order Submitted Unsuccessfully” (or other phrases of the equivalent meaning), it means the User did not successfully subscribe for the selected Earn Product. Such failure may happen due to Mobee's rejection of the order submitted by the User, computer malfunction, network congestion, market data error, insufficient balance on the User's Account, or other reasons.
2.6. Mobee may in its sole discretion refuse to accept and order or place other conditions on the receipt of instructions or orders from the User in respect of any Earn Product.
2.7. If the Earn Product page shows “Order Submitted Successfully” (or other phrases of the equivalent meaning), it means the User has successfully subscribed for the selected Earn Product.
2.8. Upon subscribing to an Earn Product, the User hereby represents and warrants to Mobee at all times during which the User maintains an Earn Product that:
2.8.1. Any Crypto Asset that the User uses to subscribe for the Earn Product is lawfully owned by the User.
2.8.2. The User is validly authorized to instruct Mobee to carry out the subscription relating to the relevant Earn Product and that all transactions initiated for the subscription are for the User's own account (or, in the case of business accounts, for the User's business’s account) and not on behalf of any other person or entity.
2.9. By subscribing to an Earn Product, the User agrees to this Agreement, Mobee's Privacy Policy, and Terms and Conditions, which shall form part of this Agreement.
- Product Description
3.1. The User subscribes to an Earn Product for the purposes of generating yield on certain Crypto Assets elected by Mobee in its sole discretion. Subject to the Terms of Product and the availability of the Earn Product on Mobee's Platform, the User may subscribe for:
3.1.1. Dual Investments, which are comparable to limit orders where an investor takes a position to buy or sell a Crypto Asset at a predetermined price and Maturity Date.
3.1.2. Flexi Earn, which is an investment that provides regular and predictable returns in the form of interest.
3.2. The Maturity Date for a Flexi Earn shall be the last day within the fixed Terms of Product unless Mobee agrees to early redemption of such Flexi Earn.
3.3. Dual Investment can only be redeemed by the User on the Maturity Date. Upon subscribing to the Dual Investment, under no circumstance shall the User be able to redeem their Initial Capital before the Maturity Date. The APR of a Dual Investment may change from time to time and shall be determined by Mobee in its sole discretion.
3.4. Mobee will use the User's Principal Amounts to engage in certain transactions as set forth in Article 8. Such transactions are subject to third-party credit risks, market risks, legal and regulatory risks, among others, which may cause Mobee to be unable to receive yield and even lose the User's Principal Amounts.
3.5. Any Earning is subject to Mobee's ability to generate yield on such transactions. Therefore, under extreme market conditions, the User may not receive Earning and could possibly lose some or all of the User's Principal Amounts.
- APR Calculation
4.1. Subject to the Terms of Product, the Earnings (if applicable) shall accrue for each day at [*] ([timezone]) starting from the Start Date and ending on the Maturity Date on a daily basis.
4.2. The User acknowledges and agrees that the amount of Earnings as shown on the Mobee Platform is only for information purposes and may vary from the actual Earnings the User is entitled to upon expiry of the Earn Product.
- No Guarantee on Earnings
5.1. The User acknowledges that the Earn Product and services are subject to substantial risk, including the risk of significant or total loss of the User's principal.
5.2. There are no assurances or guarantees made by Mobee or any associated parties that any product or service will result in a profit or even a principal guarantee.
5.3. Notwithstanding anything to the contrary in this Agreement, the User acknowledges and agrees that Mobee makes no guarantee regarding the likelihood or probability of the Earnings on any Earn Product. The actual Earnings on the Earn Product may vary significantly from the Earnings displayed, and Mobee has the right to adjust the earning rate at any time and may decide not to provide any Earnings to the User in its sole discretion.
- Fee in Relation to the Earn Product
6.1. Mobee may charge fees for the subscription of the Earn Product as presented in the Terms of Product.
- Disclaimer of Risks
7.1. The Earn Product hereunder is not equivalent to a deposit. The User should therefore not treat the Earn Product as a substitute for ordinary savings or deposits and is not eligible for any public or private deposit insurance protection.
7.2. Extreme market conditions such as volatile price movements may lead to an unpredictable large volume of withdrawal requests submitted to Mobee's platform. This may affect the normal use of Mobee's platform, and Mobee may restrict the User's ability to submit withdrawal requests.
7.3. Crypto Assets are subject to risks such as fraud, cyber-attack, theft, manipulation, or security failures. Transactions in Crypto Assets may be irreversible, and losses due to fraud, theft, or manipulation may not be recoverable.
7.4. Investors in Crypto Assets therefore have little or no recourse should such theft, fraud, or manipulation occur and could suffer significant losses.
- Acknowledgement of Utilization of Assets
8.1. By subscribing to the Earn Product, the User agrees that during the period of Earn Product, Mobee may, to the extent permitted by law, at its discretion apply part or all of the User’s Crypto Assets under the Earn Product as Mobee deems appropriate, including but not limited to, encumber, pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, assign, invest or use any amount of the relevant Accounts underlying the Principal Amount, separately or together with other property, with all attendant rights of ownership, and for any period of time.
8.2. The User acknowledges that, with respect to any or all of Accounts underlying the Principal Amount used by Mobee:
8.2.1. The User will not be able to exercise rights of ownership.
8.2.2. Mobee may receive benefits or earnings other than the Earnings in connection with using such Principal Amount in its business to which the User will have no entitlement.
8.3. The User hereby grants full power and authority to Mobee to carry out the actions as described in Article 8.1 above. This power and authority cannot be revoked and is an essential part of this Agreement, without which this Agreement shall not be made, and shall not terminate for any reason during the Earn Product period.
- Indemnification
9.1. The User hereby agrees to indemnify and hold Mobee and its subsidiaries and affiliates, third-party service providers, and their officers, members of the board of directors and commissioners, officers, joint ventures, trust, and employees ("Indemnified Parties") harmless from any loss, claim, cost, or demand arising out of or related to the User's:
9.1.1. Breach of this Agreement or any related terms and conditions.
9.1.2. Improper use of the Earn Product.
9.1.3. Violation of any law, rule, or regulation, or the rights of any third party.
9.1.4. Any loss as a result of the User's default, fraud, or gross negligence.
9.2. Any invalidity, unenforceability, release, or discharge of the liability of the User to any of the Indemnified Parties shall not affect the liability of any other persons (if any) to the Indemnified Parties.
- Liability
10.1. Mobee shall not be liable for the User's loss arising from:
10.1.1. The conditions described under Article 9.1 above.
10.1.2. Any malfunction, defect, or error in any terminal used to process any instructions from the User, or other machines or systems of authorization whether belonging to or operated by other persons or Mobee.
10.1.3. Any delay or inability on Mobee's part to perform any of Mobee's obligations under this Agreement because of any Force Majeure event.
10.1.4. Any damage to or loss or inability to retrieve any data or information that may be related to the Earn Product or Mobee's services hereunder.
10.1.5. Any underperformance, negligence, or default of any third parties that Mobee may engage, such as Crypto Asset wallet providers or exchanges, in providing the services and the Earn Product, directly or indirectly.
10.1.6. Fraud or forgery by any third parties.
10.2. Mobee shall not be liable for the User's:
10.2.1. Business interruption, loss of revenue or profits, loss of business opportunity, customers or contracts, goodwill, opportunity, or anticipated savings whether direct or indirect, even if Mobee is advised of or knew or should have known of the possibility of the same.
10.2.2. Any indirect or consequential loss.
10.3. In any event, Mobee's total liability to the User in respect of the Earn Product under this Agreement shall not exceed the Principal Amount.
- Tax
11.1. Each Party shall be responsible for the taxes that may be imposed or levied as required by applicable law in relation to this Agreement and/or the transactions hereunder.
- Governing Law
12.1. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Indonesia.
- Change of Control
13.1. In the event Mobee is restructured or is acquired by or merged with a third-party entity, Mobee reserves the right, in any of these circumstances, to transfer or assign the User's information that has been collected by Mobee as part of such acquisition, merger, sale, or other change of control.
- Assignment
14.1. Mobee may assign or transfer to any third party, including but not limited to another company, subsidiary, or affiliate of Mobee, by providing written notice of such assignment or transfer.
14.2. If the User wishes to transfer any rights or obligations under this Agreement, the User needs to obtain written consent from Mobee for such an assignment.
- Force Majeure
15.1. Force majeure is an event or condition that is reasonably beyond the control of a Party ("Force Majeure"), where it by its nature cannot be prevented or overcome, including but not limited to, natural disasters, floods, fires, epidemics, war (both declared or not), rebellion, armed conflict, riots, turmoil, coups, revolutions, acts of terrorism, sabotage, criminal acts, nuclear explosions, electrical disturbances, systems, or third-party networks, or changes in government policies or laws and regulations that reasonably and materially affect the ability of the Party to fulfill its obligations under the Agreement or other terms and conditions.
15.2. Non-fulfillment or non-performance of Mobee's obligations under this Agreement shall not be deemed a default or breach of this Agreement if it is due to Force Majeure. Mobee shall not be responsible or liable to the User for any and all of the damages suffered by the User caused by or incidental to such Force Majeure.
- Confidentiality
16.1. Each Party agrees to keep secret and confidential and not to use, disclose, or divulge to any third party or to enable or cause any person to become aware of any information relating to this Agreement (“Confidential Information”). All Confidential Information shall only be used for the purpose of this Agreement.
16.2. Each Party may disclose the Confidential Information to its affiliated company, board of directors, board of commissioners, employees, officers, and consultants limited to those who need to know the Confidential Information, provided that the Parties shall ensure that such affiliated company, board of directors, board of commissioners, employees, officers, and consultants comply with the confidentiality provisions under this Agreement.
16.3. The confidentiality obligation under this Agreement shall not apply for the information that:
16.3.1. Was public knowledge or already known to the receiving Party at the time of disclosure.
16.3.2. Subsequently becomes public knowledge other than by breach of this Agreement.
16.3.3. Subsequently comes lawfully into the possession of the receiving Party from a third party.
16.3.4. Provided that prior to disclosing any Confidential Information, the disclosing Party shall notify and consult on the substance and form of the Confidential Information to be disclosed to the other Party.
16.4. If there is proof of illegal dissemination and/or disclosure of Confidential Information by the User under this Agreement, Mobee shall have the right to claim compensation from the User for the damages caused and/or that may be caused.
16.5. The confidentiality obligations under this Agreement shall continue to apply after the termination of this Agreement.
- Dispute Settlement
17.1. Any dispute, controversy, or claim arising out of, or in connection with this Agreement whether in relation to its existence, validity, performance, interpretation, or termination (“Dispute”), shall be settled through amicable settlement within a period of 30 (thirty) calendar days after written notice of the Dispute is submitted by registered mail to Mobee.
17.2. In the event that the Dispute cannot be settled through amicable settlement within the 30-day period, Mobee and the User may settle the Dispute using the procedures as stipulated in the Futures Exchange Regulations and/or Commodity Futures Trading Regulatory Agency (CofTRA) Regulations.
17.3. If the Parties are unable to settle the Dispute through amicable settlement within the period referred to in Article 17.1, the Dispute shall be settled through the Commodity Futures Trading Arbitration Board or the South Jakarta District Court.
- Miscellaneous
18.1. Mobee may amend or modify the Agreement at any time by posting the revised agreement on the Mobee Platform and/or providing a copy to the User (“Revised Agreement”).
18.1.1. If the User continues to use the Earn Product and services under this Agreement after the Revised Agreement is posted or provided, the User shall be deemed to have accepted the Revised Agreement, and it shall be binding.
18.1.2. If the User does not wish to accept the Revised Agreement, the User should notify Mobee as promptly as possible.
18.1.3. The Agreement can only be amended or modified pursuant to this Article. No employees of Mobee or associated parties may unilaterally or jointly amend or modify this Agreement in any other way.
18.2. The express or implied waiver by any Party of any of its rights or remedies arising under this Agreement or by law shall not constitute a continuing waiver of the right or remedy waived or a waiver of any other right or remedy.
18.3. If any term of this Agreement is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this Agreement and rendered ineffective where possible without modifying the other terms of this Agreement.
18.4. This Agreement (including documents incorporated by reference herein) comprises the entire understanding and agreement between the User and Mobee as to the subject matter hereof, and it supersedes any and all prior discussions, agreements, and understandings of any kind, including prior versions of this Agreement.