Agreement for Use of AMPLE! Coin Crowdsale
This Agreement does not offer securities or collective investment schemes or constitute proposal, recommendation or solicitation of any investment.The crowdsale under this Agreement is classified as a purchase-type crowdfunding. Purchasers will not obtain the service or company of AMPLE!, or all or part of rights, interest, power, authority or other benefits of AMPLE! by possessing AMPLE! coins.
Purpose and Scope of Application
This Agreement is an agreement of use concerning fundraising in the ICO process of AMPLE!. Agreement between AMPLE! and User will be made in accordance with this Agreement.
User agrees to comply with this Agreement when using the AMPLE! service for the ICO under this Agreement, website of AMPLE!, website of the ICO under this Agreement, SNS account and related websites. This Agreement will apply to all Users and other persons who access or use the Service. By using the Service, you will be deemed to have agreed to be bound by this Agreement. If you do not agree to this Agreement, you are not allowed to participate in the ICO process under this Agreement. The terms and conditions described in the documents and other materials distributed by AMPLE! in connection with the Service will constitute part of this Agreement between User and AMPLE!. In the event of revision of the terms and conditions of this Agreement, AMPLE! will notify User thereof by the method determined by AMPLE!. If User continues to use the Service after the revision of this Agreement, User will be deemed to have agreed to this Agreement as revised. User is requested to review the latest version of this Agreement from time to time before using the Service.
In this Agreement, the following terms have the following meanings.
(1) The term “User” means:
a person who agrees to this Agreement and uses the Service.
(2) The term “AMPLE!” or “Service” means:
the website of AMPLE!, service provided by AMPLE! and related websites, or the company operating such websites and service.
(3) The term “ACO” means:
the AMPLE! coins which are the unique tokens issued by AMPLE!.
(4) The term “ICO” means:
the common abbreviation of Initial Coin Offering.
(5) The term “Official Website” means:
the official website at the following URL.
(6) The term “Crowdsale” means:
the sale of ACO to Users, which is held during the ICO process of AMPLE!.
Types of Crowdsale held by AMPLE! include premium sale, pre-sale and token sale.
(7) The term “Sales Period” means:
the period during which Crowdsale is carried out on the Official Website.
(8) The term “Purchasers” means:
those who purchase ACO by the method separately designated by AMPLE!.
1. User who desires to use the Service will be entitled to request the registration for use of the Service by agreeing to comply with this Agreement and providing information for AMPLE! by the method designated by AMPLE!. When AMPLE! receives such request, AMPLE! will examine the request according to the examination criteria separately established by AMPLE!. If AMPLE! accepts the request, AMPLE! will notify User to that effect, provide User with an account for the use of the Service and follow the registration procedures.
2. If a minor registers for the use of the Service, the consent of his legal agent is required. At the time of completion of registration for use of the Service by a minor, his legal agent will be deemed to have agreed to the use of the Service, and terms and conditions of this Agreement.
3. If a minor uses the Service by lying that the consent of his legal agent was obtained even though the consent was not obtained or lying about his age and telling that he is an adult or otherwise uses fraudulent means to make believe that he has the capacity to act, any and all legal acts in connection with the Service cannot be cancelled.
4. If User who was a minor at the time when he agreed to this Agreement uses the Service after becoming an adult, such User will be deemed to have acknowledged any and all legal acts in connection with the Service.
5. If AMPLE! requests provision of information necessary for the examination, User will promptly submit such information to AMPLE!. If User intentionally fails to provide such information for AMPLE!, AMPLE! is entitled to refuse the registration for use of the Service by such User.
Handling of Information on User
2. If error is found in the information on User, or such information is changed, User will promptly request AMPLE! to modify or change such information. Even if User incurs damage due to falsehood, error or omission in the details of information, AMPLE! will not be responsible or liable for such damage.
Management of Account
1. User will be responsible and liable for managing and retaining his account. It is prohibited to cause a third party to use the account, or lend, assign, change the name of, sell or purchase the account. If AMPLE! verifies the identification of the account, AMPLE! will regard that User registered as an owner of the account has used the Service.
2. User will be responsible and liable for damage arising as a result of inappropriate management of his account or use of his account by a third party. In no event will AMPLE! be responsible or liable for such damage.
3. If User discovers that his account was stolen or used by a third party, User will immediately notify AMPLE! to that effect and follow the instructions of AMPLE!.
1. When using the Service, User is prohibited from performing any of the following acts by himself or through a third party, or directly or indirectly causing or facilitating any of the following acts.
(1) Fraud or threatening act against AMPLE!, other Users or other third parties
(2) Act of slandering or libeling AMPLE!, other Users or other third parties
(3) Act which infringes or is likely to infringe the intellectual property rights, portrait rights, privacy, other rights or profit of AMPLE!, other Users or other third parties
(4) In addition to the acts described in (1) to (3) above, act of disturbing, harassing or bothering AMPLE!, other Users or other third parties and act which may cause psychological or economical damage to a third party
(5) Act of violating laws and regulations, judgements, decisions or order of courts or legally binding administrative measures or act which encourages or is likely to encourage such act
(6) Act related to crime notice, crime instructions or other criminal act or act of violating the public policy
(7) Act of transmitting or posting the following information or information deemed by AMPLE! as the following information on the Service
- Expressions which motivate, solicit or encourage suicide or self-injury or obscene expressions
- Information on sale or purchase of drugs or designer drugs, or expressions which encourage inappropriate use of such drugs
- Chain emails, pyramid schemes, paid to read emails and other illegal solicitation and advertisement
- Brutal expressions, sexual expressions and other information which may sound unpleasant to others
- Information similar to the above information and other information deemed inappropriate by AMPLE!
(8) Act of disassembling, decompiling or reverse engineering the Service
(9) Act of illegally accessing the system of the Service without authority or act of illegally changing or deleting information on the system
(10) Act of intentionally publishing or posting false data or other information
(11) Act of collecting information on other Users
(12) Act of impersonating AMPLE!, other Users or other third parties
(13) Act of using the Service by using accounts of other Users
(14) Act of advertising, solicitating or conducting business on the Service without the prior approval of AMPLE!
(15) Act of providing a profit for Anti-Social Force and act which may lead to such act
(16) Act performed for the purpose of meeting unacquainted people of the opposite sex
(17) Any and all acts performed for the purpose of stealth marketing
(18) Other acts deemed inappropriate by AMPLE!
2. If AMPLE! is of the opinion that User has performed or is likely to perform any of the acts described in 1.(1) to 1.(18) or otherwise finds it necessary, AMPLE! may require User to discontinue the illegal act. In this case, User will discontinue such act as required by AMPLE! within the period determined by AMPLE!.
3. AMPLE! will not be responsible or liable for any loss or damage incurred by User as a result of measures taken by AMPLE! pursuant to this Article.
Measures Taken upon Breach of Agreement
1. If AMPLE! finds that any of the following events has occurred or is likely to occur to User, AMPLE! is entitled to temporarily suspend or limit the use of the Service, terminate this Agreement or take other measures (“Suspension of Use”) without notice at its own discretion.
(1) User breaches or is notified to have breached any of the provisions of this Agreement.
(2) It is discovered that all or part of the information provided for AMPLE! is false information.
(3) User fails to respond to inquiries or other notice from AMPLE! requesting response for thirty (30) or more days.
(4) User is Anti-Social Force, cooperates or is involved with the maintenance, operation or management of Anti-Social Force by provision of funds or other methods or otherwise interacts or is involved with Anti-Social Force.
(5) Other events similar to any of the above events occur.
2. User will not be relieved from any and all responsibilities and obligations to AMPLE! and a third party under this Agreement even after the Suspension of Use.
3. AMPLE! will not be responsible or liable for any damage incurred by User as a result of measures taken by AMPLE! pursuant to this Article.
Cancellation of Purchase
Unless required by the applicable laws and regulations or restrictions, in no event are Purchasers entitled to request refund or cancellation of purchase. If AMPLE! finds it necessary, AMPLE! is entitled to cancel a request for purchase of ACO from User at any time at its own discretion.
In no event does AMPLE! warrant that the use of the Service constitutes the execution of a purchase agreement expected by User, or conformance with a specific purpose of User, commercial value, accuracy, effectiveness, integrity, lawfulness, conformance with internal regulations and other rules of a group applicable to User, non-existence of a security defect, error, bug or failure, or non-infringement of rights of a third party. User will be deemed to have agreed that AMPLE! cannot warrant any of the following due to the nature of the Service at the same time when User uses the Service.
1. No warranty to cover income, profit or damage
There is no warranty that the value of ACO increases. There is no warranty that the value of ACO does not fall due to unexpected reasons, reasons beyond the control of developers or other unavoidable reasons. AMPLE! does not warrant the security and safety of the platform regardless of whether or not there is negligence in the security system provided by AMPLE!. User agrees that AMPLE! will not be responsible or liable for any damage or loss arising out of adverse impact on the Service caused by the intervention in ACO which may be performed by a hacking organization or group by using all kinds of means.
2. Uncertain elements related to restrictions
The technology used in the Service may be subject to supervision and management by regulatory agencies in the world, whereby ACO may become subject to a request or act by such agencies. In this case, functions or purchase of AMPLE! or ACO may be delayed or restricted in the future.
3. Risks related to Ethereum
ACO is ERC20 compliant tokens. The transaction network of ACO may not function as expected due to failure or malfunction of the Ethereum protocol.
4. Risks related to quantum computers
Encrypted currencies including ACO may be subject to risks as a result of technological innovation including quantum computers.
5. Risk of loss of funds
Funds collected by fundraising will not be warranted in any form. There is no private or public insurance agency from which Purchasers can request assistance when such funds are lost, or the value of such funds is lost.
6. Refund of funds
If an amount of funds is less than the minimum fundraising amount separately determined, such funds will be refunded to the wallets of Purchasers. In this case, User may be required to bear charges for transferring the funds.
7. Risk of using new technology
The technology of ACO is not well demonstrated. In addition to the risks described in this Agreement, risks which the management team of AMPLE! cannot predict may exist.
Ownership of Rights
1. Any and all intellectual property rights to content and other information provided by AMPLE! on the Service will belong to AMPLE! or a person who grants license to AMPLE!. The license to use the Service under this Agreement does not mean the license to use the intellectual property rights of AMPLE! or a person who grants license to AMPLE!.
2. User is not allowed to adapt, edit, modify or otherwise change the information or other data provided by AMPLE! or cause a third party to use or publish the same without the approval of AMPLE!. User is not allowed to perform any act that may infringe the intellectual property rights of AMPLE! or a person who grants license to AMPLE! (including, but not limited to disassembly, decompile and reverse engineering) regardless of the reasons therefor.
3. Trademarks, logos, service marks or other marks (collectively, “Trademarks”) may be displayed on the Service. Such display does not mean assignment of or grant of license to use the Trademarks by AMPLE! to User or other third parties.
Exclusion of Anti-Social Force
1. Either AMPLE! or User represents and warrants to the other party that:
(1) it or any of its employees (which means directors, executives, executive officers, auditors and other persons similar thereto) is not an organized crime group, member of an organized crime group, quasi-member of an organized crime group, company affiliated with an organized crime group, corporate racketeer (“sokaiya”), group engaging in criminal activities under the pretext of conducting social campaigns, crime group specialized in intellectual crimes or any other person similar thereto (collectively, “Anti-Social Force”) and does not have socially accusable relationship with Anti-Social Force;
(2) it does not have relationship with Anti-Social Force in which it uses Anti-Social Force for the purpose of making a profit for itself or a third party or damaging a third party, provides funds or other support, or benefits for Anti-Social Force, or otherwise cooperates in or is involved with the maintenance or operation of Anti-Social Force;
(3) it does not execute this Agreement or an individual agreement by causing Anti-Social Force to use its name; and
(4) it does not perform any act of using threatening words or behavior, or violence against the other party, act that interferes with the business or damages the credit standing of the other party by spreading rumor or using fraudulent means or power, act of making unreasonable demands beyond the legal responsibility or liability or other act similar thereto by itself or using a third party.
2. AMPLE! and User are entitled to terminate this Agreement without notice or other procedure should the other party breach the representation and warranty described in the preceding paragraph.
3. Neither AMPLE! nor User will be required to compensate for any damage incurred by the other party if all or part of this Agreement is terminated pursuant to the provision of the preceding paragraph. The party breaching this Article will be required to compensate for any and all damage arising out of the breach.
Change, Interruption or Cancellation of Service
1. AMPLE! is entitled to change or add all or part of the terms and conditions of the Service without notifying User in advance.
2. AMPLE! is entitled to cancel the Service at its own discretion after notifying User by posting the cancellation of the Service on the Service or websites operated by AMPLE! or other methods deemed appropriate by AMPLE!. However, in the event of emergency, AMPLE! may not notify User.
3. AMPLE! is entitled to interrupt all or part of the Service without notifying User in advance if:
(1) AMPLE! carries out regular or urgent maintenance or repair of communication equipment or facilities for the Service or other properties;
(2) excessive access or other unexpected events result in concentrated loads on the system;
(3) the need arises to ensure the security of User;
(4) service is not provided by a telecommunications company;
(5) provision of the Service becomes difficult due to disasters or other unavoidable reasons;
(6) provision of the Service becomes difficult due to fire, power outage or other unforeseen accidents, or war, disputes, disturbances, riots, industrial disturbances or other causes beyond the control of AMPLE!;
(7) the operation of the Service becomes impossible due to laws and regulations or measures taken in accordance with the laws and regulations; or
(8) other similar events occur, whereby AMPLE! finds it necessary to interrupt the Service.
4. AMPLE! will not be responsible or liable for any damage incurred by User as a result of measures taken by AMPLE! pursuant to this Article.
Handling of Taxes
You will be responsible for taxes (including consumption taxes, sales taxes, use taxes and value-added taxes) imposed at the time of purchase of tokens and other ICO process under this Agreement. You will also be responsible for appropriately handling withholding taxes, corporate income taxes and other taxes. In no event will AMPLE! be responsible for such taxes.
If there are differences or discrepancies between the English version and Japanese version of this Agreement, the Japanese version will prevail.
This Agreement will be governed by the laws of the country to which AMPLE! belongs. Any and all disputes arising out of or in connection with this Agreement will be settled at a competent court depending on an amount in controversy.
Assignment of Rights and Obligations
1. User is not allowed to assign or cause to be assigned to a third party the rights or obligations of User under this Agreement or status under this Agreement, or provide them as security or otherwise dispose of them without the prior written consent of AMPLE!.
2. If AMPLE! assigns or causes to be generally assigned to a third party the business in connection with the Service by merger or consolidation in which AMPLE! is an extinct company or company split in which AMPLE! is a splitting company, AMPLE! is entitled to assign the status, rights and obligations under this Agreement as well as registered information and other information on User to the assignee or successor under the assignment of business at the time of assignment of the business, and User agrees to such assignment in advance.