Terms & Conditions
Last Material Update: June 2023
1.1. The iSunOne Web Portal (https://www.iSun1.com) and iSunOne App Services (as application packages downloadable in Apple Store and Google Play shops) are provided to you by iSunCloud Limited Liability Company, and its project affiliates, “iSunOne” as the name of this project.
iSunCloud is a registered information technology, distributed cloud storage, artificial intelligence (AI) and blockchain service provider as well as registered money service business, registered with BVI license number of 1657771, Hong Kong registration number of 65701095-000-12-21-0, and USA registration number of 804954222. iSunCloud is a registered US Money Service Business (“MSB”) with registration number 31000246587359 pursuant to the BSA regulations at 31 CFR 1022.380(a)-(f), administered by the US Financial Crimes Enforcement Network (FinCEN).
1.2. These terms and conditions ("Terms" or "T&Cs"), as well as any attached country annexes or product schedules (together "Annex") (if any), will apply to your use of the iSunOne App Services. Please take the time to read and understand these Terms before using these services so that you are aware of your legal rights and obligations.
1.3. By using the iSunOne App Services and/or completing the sign-up process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.
1.4. Definitions. In these Terms:
"Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or other requirement or guideline published or in force at any time which applies to govern or regulate any person, property, transaction, activity, event or other matter;
"Affiliate" means a corporation directly or indirectly, controlling, controlled by or under direct or indirect common control with another corporation;
"Business Day(s)" means any day except any Saturday, Sunday or public holiday which financial institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these T&Cs is concerned;
“The Site” is http://www.isun1.com, the official iSunOne website, and the landing page through which you can find the URL link to download the iSunone App;
"iSunOne App" means the mobile application software developed, owned and released by iSunOne and available for download for Apple iOS or Android, including all content and services made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
"iSunOne App Services" or "Services" refers to the Site, iSunOne App, Service Content and all related features, services, content and applications which iSunOne may make available to you from time to time in respect of your stored digital asset;
"Digital Asset" means any sort of cryptographic tokens, digital currencies, cryptocurrencies or virtual currencies;
"Force Majeure Event" means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labor disputes, wars, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the iSunOne App Services;
"Debit Card" means the virtual or physical Debit prepaid card issued under the brand ;
"Personal Data" means any information relating to an identified or identifiable natural person;
"Service Content" means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and iSunOne App; "Taxes" means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law;
"Transaction History" means your transaction history and details recorded in iSunOne and you reserve the right to export through to your email account anytime.
2. THE SERVICES
2.1. The iSunOne App Services shall comprise the following services:
(a) Stored Digital Asset: hosted digital asset wallet by iSunOne that allows you to store with iSunOne, the types of digital asset that have been approved by iSunOne for storage, a list of which is available in the iSunOne App.
(b) Digital Asset Purchase: through which you may purchase USDC and USDT, two types of mainstream digital dollar stablecoins, in your iSunOne Wallet, from your linked external accounts in iSunOne, by successfully completing a wire transfer following the wire instructions.
(c) Digital Asset Sale: through which you may sell USDC and USDT, in your iSunOne Wallet, which will be completed through iSunOne sending a wire to your linked external account in iSunOne.
(d) Digital Asset Top Up: through which you may top up USDC and USDT, into your iSunOne wallet,through blockchain transaction with block confirmation.
(e) Digital Asset Charge to card: through which you may charge USDC and USDT, to the iSunOne Global Visa Card, which is a prepaid global USD-based Visa card, may be used anywhere Visa card is accepted.
(f) Digital Asset Conversion: through which you may convert one type of digital asset into another type of digital asset, such as, converting USDC to USDT.
(g) Digital Asset Transfer: through which you may transfer in and out digital assets from whitelisted external blockchain addresses.
(h) any incentive programmes, including but not limited to any kind of reward, cashback, staking or referral programmes, that may be launched via the iSunOne App or the Site from time to time.
(i) purchase and use of debit cards and gift cards; and (j) any other products or services shown on the App.
2.2. We reserve the right to and without liability to you to: (a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the iSunOne App Services or change any features, component or content thereof; (b) decline, suspend, cancel, reverse, void or partially execute any digital asset purchase, sale, conversion, or transfer instruction; or (c) reverse, cancel, change any terms or refuse to honor any pay-out for any incentive programmes regardless of your entitlement.
2.3. We reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your account, including without limitation: (a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction; (b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing of any of our incentive schemes; (c) upon reasonable suspicion that a transaction is erroneous; (d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorized manner; (e) upon any reasonable suspicion or money laundering, terrorist financing, fraud or any other financial crime; or (f) whereby you are subject to pending litigation, investigation or government proceedings.
2.4. In the event that we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed or terminated transactions at the same price or on the same terms.
2.5. Clause 2.2 above may occur to all, or any specific group, or any individual user of iSunOne App Services. We do not guarantee that any specific content, component and/or feature will always be available on the iSunOne App Services.
3. RISKS OF USING DIGITAL ASSETS
3.1. Please note that all transactions involving digital assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. digital assets that are in a pending state will be designated accordingly, and the relevant stored digital asset will not be included in your digital asset Wallet or be available to conduct transactions.
3.2. The risk of loss in holding digital assets can be substantial. You should therefore carefully consider whether holding digital assets is suitable for you in light of your financial condition. In considering whether to hold digital assets, you should be aware that the price or value of digital assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you allow any third parties to access and hold stored digital asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of stored digital assets resulting from theft, loss, or mishandling of stored digital asset private keys outside our control.
3.3. We are not responsible for the digital asset market, and we make no representations or warranties concerning the real or perceived value of digital assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of digital assets, we make no representations regarding the quality, suitability, truth, usefulness, accuracy, or completeness of such data, and you should not rely on such data for any reason whatsoever. You understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by holding or trading digital assets.
3.4. We do not provide investment advice and any content contained on the Site should not be considered as a substitute for tailored investment advice. The contents of the Site should not be used as a basis for making investment decisions and is not intended as an attempt to market or promote any type of digital asset.
3.5. Your digital asset Wallet is NOT a depository account. Funds stored in your digital asset Wallet do not earn any interest unless otherwise stated and they are not protected by any government-backed depositor compensation, insurance or guarantee scheme.
4. USER ONBOARDING
4.1. By signing up for the use of the iSunOne App Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the full right, power, and authority to agree to these Terms; (c) you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which iSunOne has notified as being subject to prohibitions or restrictions on accessing or using the iSunOne App Services; (d) you are not a resident or tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of stored digital assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind; (e) you are not impersonating any other person, operating under an alias or otherwise concealing your identity; (f) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (iii) are not identified as a "Specially Designated National"; (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; and (g) you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements;
4.2. In order to use the iSunOne App Services, you must register as a user of the iSunOne App, and provide us with all know-your-customer (KYC) information and documents to be in compliance with Applicable Law in order to process your registration. The provided information will abide by data protection laws and stored on a secure server with only whitelisted personnel access rights. The collection of the information is purely for know-your-customer (KYC) and anti-money-laundering (AML) purposes as iSunOne abides by its AML programme procedure.
4.3. You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your use of the iSunOne App Services, including to identify or authenticate your identity or validate your funding sources or transactions. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.
4.4. We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate or limit your use of the iSunOne App Services or your account, to change the eligibility criteria for registration or use of the iSunOne App Services at any time.
4.5. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge that we or a third party on our behalf will carry out such verifications.
4.6. You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third party service providers, is always complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third party service providers which such revised and updated information without delay. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up to date information may result in your inability to or adversely affect your use of the iSunOne App Services.
5. THE ISUNONE APP
5.1. The iSunOne App gives you interactive access to your digital asset Wallet, including allowing you to perform one or more of the following actions: (a) view the balance and export transaction history of your digital asset wallet; (b) obtain instructions on how to load your digital asset wallet; (c) request for a digital asset transfer from your balance held in your digital asset wallet; (d) request a digital asset conversion; (e) request a digital asset purchase from linked external account; (f) request a digital asset sales directly wired to linked external account; (g) request a digital asset top up to the global Visa prepaid card.
5.2. Subject always to your continuing compliance with these Terms, we grant to you a limited, non-transferable, non-exclusive license to use the iSunOne App insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved. Some software components used in the iSunOne App may be offered under an open source or other license as we may notify to you, in which case your use of those components of the iSunOne App shall be governed by those terms to the extent only of any inconsistency between these Terms and those terms.
5.3. Account balances and fees in the iSunOne App are not rounded, however, they may be displayed to you as rounded up or down.
5.4. You acknowledge and agree that your use of the iSunOne App Services is at all times subject to your compliance with these Terms and all other applicable terms.
6. PURCHASE AND SALES OF DIGITAL DOLLAR
Since April 2021, iSunOne entered a Master Service Agreement with Circle Financial Internet Limited, enabling iSunOne’s end users to purchase and sell USDC (and subsequently, USDT, though intermediary exchanges), two mainstream US dollar stablecoins.
6.1 Purchase of USDC and USDT by linking external account
(a) You may link your own external account in iSunOne App in a complete, accurate and up to date manner.
THE EXTERNAL ACCOUNT MUST BEAR THE SAME NAME AS YOUR NAME, EQUIVALENT TO THE INDIVIDUAL OR BUSINESS ENTITY WHO PASS KYC VERIFICATION AND INITIATE THE REQUEST. ANY THIRD-PARTY PAYMENT ON YOUR BEHALF WILL NOT BE HONORED, WILL LIKELY BE REJECTED BY THE FINANCIAL INSTITUTION, AND WILL LIKELY SUFFER A PENALTY OF 30%~100%.
(b) Upon the successful linkage of your own external account, you may initiate a wire transfer, by following the exact wire instruction given in iSunOne App.
You acknowledge and agree that it is your responsibility to ensure that
(i) the provided external account information is complete, accurate and up to date, as failure to do so will result in the recipient institution not be able to recognize your wire in this automatic programmable environment, leading to the failure of payment and possible deduction and penalty from your sending account;
(ii) the wire transfer will be initiated precisely per the generated instruction in iSunOne App, as failure to do so will result in the recipient institution not be able to recognize your wire, leading to the failure of payment and possible deduction and penalty from your sending account;
(iii) you have fully disclosed the purpose of your wire transfer to your linked sending account, such as personal investment in digital dollar and digital assets, to pass your sending account’s routine AML check;
(iv) in the case that a user has intentionally performed a failed wire transfer for more than three times, iSunOne reserves the right to assess consequent penalty, including the suspension of the end user’s account as outlined in Clause 2.3.
6.2 Sales of USDC and USDT by linking external account
(a) You may link your own external account in iSunOne App in a complete, accurate and up to date manner.
THE EXTERNAL ACCOUNT MUST BEAR THE SAME NAME AS YOUR NAME, EQUIVALENT TO THE INDIVIDUAL OR BUSINESS ENTITY WHO PASS KYC VERIFICATION AND INITIATE THE REQUEST. ANY THIRD-PARTY RECEIVING ON YOUR BEHALF WILL NOT BE HONORED, WILL LIKELY BE REJECTED BY THE FINANCIAL INSTITUTION, AND WILL LIKELY SUFFER A PENALTY OF 30%~100%.
(b) Upon the successful linkage of your own external account, you may top up USDC to your iSunOne wallet, and request a sale of USDC to fiat US Dollars to be wire transferred to your linked external account.
You acknowledge and agree that it is your responsibility to ensure that
(i) you have followed the right procedure of top up of USDC and the USDC has properly arrived and shown in your digital wallet, as described in Clause 7.1;
(ii) the provided external account information is complete, accurate and up to date, as failure to do so will result in the recipient institution not be able to recognize your wire, leading to the failure of payment and possible deduction and penalty from your recipient institution;
(iii) you have fully disclosed the purpose of you receiving wire transfer to your linked recipient institution, such as personal investment in digital dollar and digital assets, to pass your recipient institution’s routine AML check;
(iv) in the case that a user has intentionally requested a failed wire transfer for more than three times, iSunOne reserves the right to assess consequent penalty, including the suspension of the end user’s account as outlined in Clause 2.3.
6.3 Top up of USDC and USDT to iSunOne Global Prepaid Visa Card
(a) You may open an iSunOne Global Visa Card by providing information in a complete, accurate, and up to date manner to pass KYC, and successfully loading the digital dollar to your iSunOne wallet following the right procedure as described in clause 7.1. Once the iSunOne Global Visa Card is opened, a one-time non-refundable card opening fee will be assessed.
(b) Upon the successful opening of iSunOne Global Prepaid Visa Card, you may use this particular card to purchase goods and services online anywhere in the world Visa prepaid card is accepted, including but not limited to: Amazon, Rakuten, Open AI (Chat GPT), Apple, Google, Netflix, etc. Since the card is issued by a fully-licensed third-party US card issuer, the exact spending scenario needs to be verified case-by-case.
(c) All currency in iSunOne will be counted as US Dollar equivalent, and your prepaid Visa card purchase will be deducted in the US Dollar equivalent amount, regardless of the merchant native local currency utilized. An ISA fee up to 3% will be charged on all international expenses, which is charged by the fully-licensed third-party US card issuer.
(d) Refund Policy: The top up of the USDC and USDT from your iSunOne digital wallet onto your iSunOne Visa prepaid card is considered final and non-refundable.
(e) Safeguarding of Card Information: You acknowledge and agree that the responsibility for the safekeeping of the Card, including the Card number, rests solely with you. ISUNONE SHALL NOT BE HELD LIABLE FOR ANY LOSS, THEFT, OR SUSPECTED UNAUTHORIZED USE OF THE CARD OR CARD NUMBER. In the event of loss, theft, or suspected unauthorized use of the Card or Card number, you are required to immediately notify iSunOne, who will then take necessary steps to prevent further unauthorized use, including but not limited to blocking the Card for future transactions. However, iSunOne shall not be obligated to reimburse you for any losses incurred prior to the notification of such unauthorized use.
(f) Disputes with Merchants: You acknowledge and agree that any disputes arising from transactions made using the Card, including but not limited to disputes related to the purchase of goods or services online, are strictly between you and the merchant involved. iSunOne bears no responsibility or liability in such disputes and will not intervene in any resolution process between you and the merchant.
(g) Insolvency of Card Issuer: In the unlikely event that the licensed third-party US card issuer becomes insolvent or files chapter 11 or 7, you acknowledge and agree that iSunOne shall not be held liable for any losses incurred. iSunOne's role is limited to providing technical solutions and does not extend to the custody of User funds. Any risk associated with the solvency of the third-party card issuer is borne solely by the User.
You acknowledge and agree that it is your responsibility to ensure that
ii) Monitoring of Card Activity: You acknowledge and agree to diligently monitor your Card spending activity. In the event of any suspicious activity, you are obligated to notify iSunOne immediately.
iii) Payment of Service Fees: You acknowledge and agree to pay any applicable monthly debit card service fees. You understand and accept that during promotional periods, these service fees may be waived, but may be reinstated at a later date.
iv) Regular Maintenance of Card: You acknowledge and agree to perform regular maintenance on their Card. This includes recharging the Card once its balance falls below a specified threshold. You understand that failure to maintain a minimum balance may result in service disruptions.
v) In the case that a user has intentionally performed a failed credit card transfer for more than ten times, iSunOne reserves the right to assess consequent penalty, including the suspension of the end user’s account as outlined in Clause 2.3.
7. TOP-UP AND WITHDRAWAL OF DIGITAL ASSETS
7.1. Top-ups to your digital asset wallet (a) You may load stored digital assets onto your digital asset wallet by effecting a transfer of such digital assets from your private blockchain address to the relevant address for your digital asset Wallet, which will be available on the iSunOne App. (b) You acknowledge and agree that it is your responsibility to ensure that: (i) the correct address for your digital asset Wallet (as reflected on the iSunOne App) is entered when you effect a transfer of digital asset from your private wallet to your digital asset Wallet; and (ii) only the digital assets that are stored digital asset (i.e. digital assets supported by iSunOne as set out on the iSunOne App and the Site) will be transferred to your digital asset Wallet. You also acknowledge that: (1) the transfer of any digital asset to an incorrect address (i.e. an address other than the correct address for your digital asset Wallet); or (2) the transfer of any type of digital asset that is not a stored digital asset (i.e. digital asset supported by iSunOne as set out on the Wallet App and the Site), will result in the irreversible loss of such digital asset. We shall bear no liability for any such loss of digital assets. (c) A transfer of digital assets to your digital asset Wallet is only deemed to be confirmed when the balance of your digital asset Wallet (as reflected in the iSunOne App) has been updated to reflect such transfer. (d) iSunOne reserves the right to reject any transfer of digital assets to your digital asset Wallet. In such a scenario, the relevant digital asset will not be credited to your digital asset Wallet and iSunOne will effect a transfer of the same amount of the relevant digital asset, less any applicable fees, back to the address from which it was sent.
7.2. digital asset transfers (a) You may transfer any stored digital asset from your digital asset Wallet to a specified address via the iSunOne App. (b) iSunOne processes all digital asset transfers according to the Instructions received from you and does not guarantee the identity of any recipient. You should verify all transaction information prior to submitting Instructions for a digital asset transfer to iSunOne as the digital asset transfer may not be canceled or reversed once processed by iSunOne. You acknowledge that you are responsible for ensuring the accuracy of any Instructions submitted to iSunOne and that any errors may result in the irreversible loss of your stored digital asset. (c) You agree to have sufficient stored digital assets in the digital asset Wallet prior to instructing iSunOne to effect any digital asset transfer. If your stored digital asset in your digital asset Wallet is not sufficient to cover the amount required for iSunOne to complete the digital asset transfer, iSunOne will not proceed to affect the digital asset transfer and iSunOne is under no obligation to attempt to fulfill your digital asset transfer using an alternative payment method. You hereby authorize us to debit your digital asset Wallet(s) for the full amount required for iSunOne to complete the digital asset transfer. (d) We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using digital assets transferred from your digital asset Wallet, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party.
8. OTHER PROVISIONS APPLICABLE TO DIGITAL ASSETS
8.1. iSunOne reserves the right to, in its sole discretion, refuse to process or to cancel any pending request from you for any digital asset transfer, including for purposes of compliance with Applicable Law.
8.2. iSunOne securely stores 100% of all stored digital asset private keys in our control in a combination of online and offline storage. As a result, it may be necessary for iSunOne to retrieve this information from offline storage in order to facilitate a digital asset transfer in accordance with your Instructions, which may delay the initiation or crediting of such digital asset for 48 hours or more. As a user of the iSunOne App Services, you accept the risk that a digital asset facilitated by iSunOne may be delayed and you agree not to hold iSunOne responsible for any loss or damage arising out of or related to such delay.
8.3. It is your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions associated with your receipt or transfer of stored digital asset, and/or to the digital assets you conduct, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your Transaction History is available through the iSunOne App. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
8.4. The loading of stored digital assets to your digital asset Wallet and any digital asset are subject to limits imposed by iSunOne (as may be amended from time to time in iSunOne's sole discretion). Such limits are set out in the iSunOne App but iSunOne may, in its sole discretion, apply different limits to you specifically. We may also require you to submit additional information about yourself (including any person associated with you and your activities), provide records of, and arrange for meetings with iSunOne staff to discuss your loading of stored digital assets to your digital asset Wallet or any digital asset you have effected. 8A. FORK 8A.1 You agree and understand that the underlying protocols of the digital assets' networks are subject to changes (each a "Fork") which may result in more than one version of such a network (each a "Forked Network"). You further agree and understand that Forks may materially affect the value, function, and/or name of the digital assets you hold on the iSunOne App. 8A.2 In the event of a Fork, iSunOne may temporarily suspend any iSunOne App Services (with or without advance notice to you) and we may determine, in our sole discretion, whether or not to support the Forked Networks. In the event that iSunOne does not support any such Forked Networks ("Unsupported Forked Network''), the digital assets offered by such Unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion obtain and retain the digital assets offered by such Unsupported Forked Network as property belonging solely to iSunOne. 8A.3 You acknowledge the risks presented by forks and hereby accept that we have no responsibility for any losses or damage arising as a result of an Unsupported Forked Network.
9.1. Your use of the iSunOne App Services may be subject to certain Fees, which will, if applicable, be debited from your digital asset Wallet. The list of applicable Fees are set out on the iSunOne App and the Site and may be amended by iSunOne from time to time.
9.2. All applicable Fees listed on the iSunOne App and the Site are exclusive of any applicable Taxes and the actual Fee charged will be increased to account for any such applicable Taxes
10. INTELLECTUAL PROPERTY RIGHTS
10.1. You acknowledge and agree that: (a) the iSunOne trademarks and logos, and any other logos, service marks, product names and other proprietary indicia used in the iSunOne App are the property of either iSunOne or third party licensors (collectively, the " Trade Marks"); (b) the intellectual property rights in and to the iSunOne App Services are either owned by us or licensed to us by third party licensors; (c) other than the license expressly granted by you in these Terms, no other rights are granted to you in respect of either the Trade Marks, the iSunOne App or the iSunOne App Services; and (d) no part or parts of the iSunOne App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
Without prejudice to the foregoing, you undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to): (a) use the iSunOne App to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk mail or chain letters; (b) use the iSunOne App to perform unlawful or immoral activities (including but not limited to money laundering, terrorism financing and fraudulent activities); (c) use the iSunOne App to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious program; (d) modify or adapt the whole or any part of the iSunOne App or combine or incorporate the iSunOne App into another other programme or application; (e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the iSunOne App or any components thereof; (f) use the iSunOne App in any manner that would lead to the infringement of our, our Affiliates' or any other third party's intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests; (g) use the iSunOne App in a way that could damage, disable, impair or compromise the iSunOne App or the provision of the iSunOne App Services (or the systems or security of the iSunOne App or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of iSunOne. You undertake not to gain or attempt to gain unauthorized access to the account or wallets of other users; (h) take any action that imposes an unreasonable or disproportionately large burden or load on the iSunOne infrastructure (including, but without limitation to our servers, networks, data centers and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Services; (i) engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws; (j) provide false, inaccurate, incomplete or misleading information to iSunOne or any of its Affiliates or third party services providers; or (k) deposit with iSunOne any digital assets forming part of the proceeds of any criminal or unlawful activity.
12. DATA PROTECTION
12.1. By using the iSunOne App Services, you confirm that you have read and understood our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the iSunOne App Services or otherwise if required by law or any of our counterparty who is the controller of your data. Such a data controller will manage and protect your personal data in accordance with all applicable data protection laws.
12.2. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
13. ELECTRONIC COMMUNICATIONS
13.1. You shall accept full responsibility for the security and authenticity of all Instructions sent via the iSunOne App and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from your Enabled Device via the iSunOne App are yours. We shall be under no obligation whatsoever to verify that such communications are in fact yours.
13.2. You are aware that Instructions and information transmitted via the iSunOne App are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will in fact be completely protected against such unauthorized access, and you accept these associated risks.
13.3. Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt. In addition, any Instructions sent by you to any third parties (for example, network merchants) shall only be deemed to have been received by such third parties in accordance with their terms and conditions.
13.4. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of despatch and receipt of electronic communication, to the maximum extent permitted under applicable law, such terms shall not apply to your use of the iSunOne App Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorized interceptions by third parties or duplicates.
13.5. You acknowledge and agree that in the event of any dispute arising in connection with your use of the iSunOne App Services, our records (including electronic, computer and microfilm stored records) of all matters relating to your use of the iSunOne App Services and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations.
14. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
14.1. iSunOne may at any time and without liability to, terminate, suspend or limit your use, or reverse, or the functionality, of the iSunOne App Services (including freezing or closing your digital asset Wallet, refusing to process any digital assets, or reversing any digital asset that you have effected), including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where iSunOne suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities); or (d) to remedy the effects of any defect in or compromise to any information system upon which the iSunOne relies on; or (e) as may be informed by its internal risk monitoring policy and the profile of spending reasonably anticipated for the type of consumer group you belong to.
14.2. Your obligations under these Terms will continue in the event of such suspension or termination described in Clause 14.1 above.
14.3. You shall not be entitled to any payment, compensation or damages from us in relation to any suspension, reversal or termination of your use of the iSunOne App Services for any reason whatsoever. Any suspension or termination of your use of the iSunOne App Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
14.4. Our rights of suspension and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, Applicable Law or otherwise).
15. CUSTOMER FEEDBACK, QUERIES, AND COMPLAINTS
15.1. If you have any feedback, questions or complaints, please contact us via email at hello@iSun1.com. Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us up to 45 days to resolve and get back to you. You accept and agree that We shall not be responsible for any loss and damage incurred during such period.
16. LIMITATION OF LIABILITY
16.1. The services are provided "As is" and without any representation or warranty, whether express, implied, or statutory. Except as expressly provided in these terms, to the extent permitted by law, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the isunone app services provided under these terms. Our liability in respect of representations and warranties that cannot be excluded is limited, at our option, to any one of: (I) re-supplying, replacing or repairing the services in respect of which the breach occurred; or (ii) paying the cost of the re-supplying, replacement or repairing of the services in respect of which the breach occurred.
16.2. Notwithstanding anything in these terms, to the extent permitted by law, in no event shall we or any of our representatives be liable to you for any losses or damage or claims: (I) due to an unusual or unforeseeable event, outside our reasonable control and the consequences of which could not have been avoided even if all due care had been exercised (including but not limited to force majeure, events of war or civil unrest, natural disasters, strike, lock-out, traffic disruption, acts of domestic or foreign governmental authorities); (ii) arising from or in connection with: (a) any delay, suspension, discontinuance or failure of the isunone app or isunone app services; (b) any refusal to process or authorise, or any reversal of, any transaction for any reason; (c) your inability to effect or complete any transaction due to system maintenance or breakdown / non-availability of the isunone app, network, our hardware or software or that of any third parties; (d) use of your enabled device and the isunone app services by third parties, whether authorized or unauthorized by you; (e) any theft or loss of your enabled device; (f) any unauthorized or ineligible use of the isunone app services contrary to these terms; (iii) due to compliance with applicable laws and/or court orders; (iv) arising out of or in connection with these terms for lost profits, lost revenues, lost business opportunities, lost data, other intangible losses, punitive, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties to these terms, regardless of whether such damages were direct or indirect, foreseeable or unforeseeable, or whether our or our representatives have been advised of the possibility of such damages; and (v) resulting from hacking, tampering, virus transmission or other unauthorized access or use of the services, your account, or any information contained therein.
16.3. In no event will our aggregate liability for any loss or damage arising in connection with the services exceed the fees you paid us for your use of the services during the 12 month period immediately preceding the event giving rise to the claim for liability. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
16.4. We shall not be liable for fault on the part of any third party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third party service providers (but not of any subcontractor or other third party such third party service provider may use).
16.5. Nothing in these Terms shall operate to limit or exclude any liability for fraud, gross negligence or for death or personal injury resulting from negligence.
16.6. The parties agree that any claims against the other under these Terms may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No court or adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any user of iSunOne App Services cannot and may not affect any other users.
17.1. You agree to indemnify and hold iSunOne and third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the iSunOne App and/or the iSunOne App Services; and (c) your violation of any law or regulation of any jurisdiction, or the rights of any third party.
18. AMENDMENT AND VARIATION
18.1. These Terms may from time to time be updated or amended. We will post any such updates on the iSunOne App or Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the iSunOne App and Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the iSunOne App without prior notice. By continuing to use the iSunOne App and/or the iSunOne App Services after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated iSunOne App. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the iSunOne App and/or the iSunOne App Services immediately.
19. TRANSFER, ASSIGNMENT OR DELEGATION
19.1. These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the iSunOne group, or to any successor in interest of any business associated with the iSunOne App Services. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
21. ENTIRE AGREEMENT / TRANSLATION
21.1. These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
21.2 These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
22.1. These Terms shall not be waived in whole or in part except where agreed by all parties in writing.
22.2. The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
23. NOTICES AND COMMUNICATIONS
23.1. By using the iSunOne App Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the iSunOne App Services electronically: (a) via email (in each case to the email address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
23.2. Notices to us should be sent electronically to our support system at hello@iSun1.com.
24. THIRD PARTY RIGHTS
Other than any entities within the iSunOne group, a person who is not a party in these Terms has no right to enforce any of these Terms.
25. GOVERNING LAW AND JURISDICTION
25.1. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration in Hong Kong. Any arbitration commenced pursuant to this Clause shall take place in the English language through an independent and impartial board of three arbitrators to be appointed by agreement between the parties to the proceedings. Failing such agreement within fourteen (14) days from the due notification of a written request to concur in the appointment of the arbitrators, appointment shall take place by the Chairman of the Hong Kong International Arbitration Centre.
Disclaimers and risk disclosures
(i) iSunOne / other entities within the TideiSun Group are not authorised institutions licensed by the HKMA under the BO; (ii) the services being offered are not banking services and are not subject to regulation by HKMA or any other central bank or similar regulatory authority in any other jurisdiction; and (iii) customers’ user accounts and wallets with iSunOne / TideiSun Group are not depository accounts, and the funds and virtual assets stored in accounts / wallets with iSunOne / TideiSun Group are not bank deposits and are not protected by any government-backed depositor compensation, insurance or guarantee scheme.