General Terms and Conditions

■ Article 1 (Purpose)

The purpose of this general terms and conditions of service is to define and specify the rights, obligations, responsibilities and necessary matters of Cpublic Company, Ltd. (the “Company” or “Cpublic”) and members about the way of using Cpublic and Cpublic-related services (the “Service”) offered by the Company.

Article 2 (Specification, Explanation and Revision of Terms)
1.
The contents of this terms shall be posted in the platform or notified through the connection screen for users, and shall be effective to all members by agreeing to this terms when they complete their membership registration.
2.
The Company may amend this terms and conditions within the scope not violating applicable laws and regulations.
3.
In the event of amendments made to this terms and conditions, the Company shall make a public announcement of the amendments from 7 days before the application date until the day before the application date with specifying the amendment details and application date.
4.
In the event where a member fails to expressly indicate his/her intent of refusal even when the Company clearly notifies members of the fact that any members who fail to indicate his/her intent until the date before the application date pursuant to the previous paragraph above shall be deemed as have expressed his/her intent, the member concerned shall be deemed to have consented to the amended terms.
5.
If the member does not agree with the revised terms, the member may express his/her intention to refuse the contract until the day before the effective date and terminate the service use contract.
6.
The Company can stipulate separate management policy other than this terms and conditions.
7.
All matters not prescribed by this terms and interpretations of this terms shall be subject to the act on the consumer protection in the electronic commerce transactions, regulation of standardized contracts act, electronic commerce consumer protection act and applicable laws and regulations or generally accepted commercial practices. However, regarding transactions made between members through services provided by the company, related laws such as visit sales etc., related basic laws, electronic consumer protection law, etc. are preferentially applied.

Article 3 (Definition of Terms)

The terms used in this Terms and Conditions shall be defined as follows.

1.
Member: means a person who approves this Terms and Conditions, completes membership registration and enters into a service agreement with the Company.
2.
ID(or Account): means a combination of letters and numbers approved by the company for identification of members and service use.
3.
Password: means a combination of letters and numbers registered by a member for identification of members and service use.
4.
Crypotocurrency: means encrypted currency that can be traded in the Service like Bitcoin and Ethereum. It includes ‘cryto-currency’, ‘virtual money’ and ‘virtual currency’.
5.
USD: means points that can be exchanged with cash where a member may charge them by using payments means provided by the Company and use them during transactions of cryptocurrency. But there is no additional interests.
6.
External crypto asset address: means all external crypto assets address or account that are owned or used by the FX Cpublic users or others. It is not owned, controlled or operated by the Company.
7.
Seller: means a member who either register or petition for a given cryptocurrency according to a form provided by the Company through online based on his/her intent to sell.
8.
Buyer: means a member who either register or petition for a given cryptocurrency according to a form provided by the Company through online based on his/her intent to buy.
9.
Cpublic Wallet: means the virtual or digital currency e-wallet offered and issued by the Company operated and maintained by the Users on the Cpublic Site, to store the Users’ cryptocurrency. Users can sell and buy cryptocurrency with external cryptocurrency address through Cpublic Wallet.

Article 4 (Join Membership)
1.
A user shall apply for membership registration by indicating his/her intent to consent to this terms and conditions after providing membership information in accordance with the registration form prescribed by the Company.
2.
A membership registration shall be constituted at the time when the approval of the Company arrives at the member.
3.

The Company may not accept membership if there are any reasons listed below. If the following reasons are found, the Company may cancel approval or cancel the service contract.


In case an applicant has previously lost his/her membership under this Terms

In case of using the name of another person, not his/her real name

In case of recording or providing false or incorrect information to the Company, or not providing the required information

In case approval is not possible due to reasons attributable to the applicant or an application is filed in violation of all other matters specified in this Terms

In case the service is to be used for fraudulent or separate business purposes

In case of an application for a purpose that violates the relevant laws or interferes with the social order or customs

In case the applicant’s age is less than 19 years old

In case that it is confirmed that it is in violation of this agreement, illegal or improper use application, or when the company deems it necessary due to reasonable judgment
4.
The Company can request real name confirmation or identity verification through specialized institutions to the extent permitted by the law to confirm whether the information provided by the member matches the fact.

Article 5 (Change of customer Information)
1.
Members may, at any time, access and modify personal information of their own through the service: Provided that modification of ID shall not be allowed for the purpose of the service management.
2.
When changes are made to the information submitted by a member during membership registration, the member shall modify the information concerned via service or through the customer center of the Company.
3.
The company is not responsible for the disadvantage incurred when the member has not notified the company of the changes.

Article 6 (Management of User’s Account)
1.
If the Company matches the one registered with the Company, such as the account and password registered by the member, the user is regarded as a member without a separate confirmation procedure.
2.
Members are responsible for safely keeping all information necessary for accessing accounts including passwords so that third parties who do not have their own permission do not gain unauthorized access to the members’ accounts.
3.
If the member has lost or stolen the access information of the account, it is said that it was published to the third party, the member will immediately notify the company. The company can take measures such as suspension of account immediately.
4.
The Company does not take responsibility for damages caused by lost, stolen, or disclosed access information such as the password of the member’s account.

Article 7 (Membership Withdrawal and Loss of Qualifications)
1.
Members may request to withdraw from the Company at any time, and the Company will process the withdrawal immediately. Any loss arising out of the withdrawal of the member shall be borne by the member, and the Company shall not be responsible for any liability.
2.
When a member wishes to terminate the contract, the member himself/herself must apply for termination to the Company through online.
3.
When a member falls under any of the followings, the Company may restrict the member from the use of the service for a period time or terminate the service afreement. ①
In case of violations such as the following
-
In case that you register false information at the time of application
-
If the customer name is not a real name
-
In case you have stolen someone’s service ID and password
-
In case of international interference with the operation of the service
-
In case of intentional dissemination of contents that are detrimental to public order and morals
-
In case of a member plans or carries out service use for the purpose of impeding national interest or social public interest
-
In the event of impairing or disadvantageous behavior of others
-
When transmitting large amounts of information or transmitting advertising information for the purpose of interfering with the stable operation of the service
-
When a computer virus program that causes malfunction of information or communication facilities or destruction of information is distributed
-
When a member reproduces, distributes or commercially use the information acquired from the use of the service without prior consent from the Company
-
The same user double-registered with another ID
-
When a member infringes intellectual property rights of the Company, other members or third party
-
When outside agencies, such as the Korea Communications Standards Commission, order a corrective measure or when the National Election Commission renders authoritative interpretation related to illegal election campaign
-
In case of violation of other terms of use established by the Company including this agreement
-
In case of notifying to a long-term dormant subscriber, if intention is not expressed for use of the service even within the notice period
-
When a member sells a marketing incompatible product, or attempts to conduct and trade a commodity that is in violation of other public order and morals
-
If you refuse to purchase after applying for sale of goods without intention of purchase, or when registering goods without intention to actually sell goods
-
When collecting, storing and disclosing personal information of other users without consent
-
When directly directing transactions to information obtained through the Company’s service information
-
In case of the Company’s policies for improving the service of the Company are inevitable

In the following cases

- When the operator or the administrator determine that the user is unsuitable for use

- When you conduct an act that is judged objectively to lead to a crim

- When a member commits an act which violates other applicable laws and regulations

4.
The Company may terminate the service agreement and the membership registration shall be cancelled when an identical act is repeated for twice or more or when the grounds for suspension are not relieved within 30 days after the use of the service is suspended or restricted.
5.
When the membership registration is cancelled, the Company shall notify of this at least 30 days before and grant member an opportunity for exculpation.

Article 8 (Notices to Users)
1.
The Company may give notices to Users by email registered.
2.
If the Company notifies the members as a whole, it can replace the notice of the preceding paragraph by posting on the bulletin board within the service for more than 7days. However, we will notify you individually about matters that will have a material impact on the transaction of the member himself/herself.

Article 9 (Services Provision and Suspension)
1.
The Company may divide the services into several sub-services and if applicable, separately designate available service hours for the use of each sub-service. The service hours for each sub-service may be announced in advance.
2.
Services are provided 24 hours a day, seven days a week.
3.
When falling under any of the followings, the Company may suspend the service:

Inevitable due to construction work, such as maintenance of service facilities

In the event that a telecommunications carrier prescribed in the Telecommunication Business Act terminates the telecommunication service

In the case of a service provided by a third party such as an affiliate store company, not a service provided directly by the company, when a third party such as an affiliate store company terminate the service

Other causes of force majeure
4.
In cases falling under item 3, the Company notifies the members through the initial screen of the service and bulletin board in advance. However, if there are unavoidable reasons the Company can’t notify in advance, you can notify afterwards.
5.
The Company may suspend or discontinue all or part of the services to conduct a regular inspection or maintenance of the systems from time to time. The Company shall announce such schedule inspection or maintenance in advance on or through the Services.
6.
The Company may terminate or limit the entire or partial services in the events where provision of normal service is unachievable due to a state of national emergency, power outage, problems with service facilities or overwhelming traffic to the service.
7.
The Company can suspend the services offered when the Company cannot provide new service or if there is a reason why the company cannot provide the service.

Article 10 (Amendment of Services)
1.
The Company may amend the contents of the Services or make operational or technical changes to the services, to ensure the stability and continuity of the services.
2.
To the extent reasonably practicable, the Company shall give prior notice of such amendments, and the effective date upon which such changes will come into effect. However, if the Company is unable to provide notice due to unavoidable circumstances, it may do so later.
3.
If a member disagrees with the change of service, the member may express his intention to refuse to the Company and terminate the contract of use.
4.
The Company can change or cancel all or some of the services provided by the operational and technical requirements when there are reasonable reasons such as the Company’s policy change relating to service provision. The member shall not receive any compensation unless the related statues stipulate otherwise.

Article 11 (Service Use)
1.
If the member applies for a cryptocurrency deposit and sends it, the Company checks and approves the amount of the cryptocurrency deposited. After approval, the cryptocurrency will be deposited into the member’s wallet.
2.
The member shall submit an order for the sale of cryptocurrency to the Company in accordance with the method specified by the Company.
3.
In the case the member submit an order, the member shall keep in his/her Cpublic wallet the quantity of cryptocurrnecy needed to conclude the order, including the commission.
4.
The Company provides information for order confirmation including amount, price, commission, etc. of cryptocurrency that the member wants to trade, before the member’s order submission. The member agrees that the order submitted by the member will not be affected if the Company fails to provide such confirmation information.
5.
The member agrees that the Company is not responsible for the change in the price of cryptocurrency. In the case of cryptocurrency market interruption or force majeure, the Company can perform one measure of followings, and the Company is not responsible for any losses incurred to the members due to these measures.

Service access interrupted

Stop activity in the service
6.
If the member request the withdrawal of his/her cryptocurrency, the Company will provide the cryptocurrency calculated at the rate of one quantity of each cryptocurrency into the member’s account that he used to deposit.
7.
The Company may request real name verification of identification from a professional institution to check whether the information provided by the members is consistent with the facts when deposit and withdraw cryptocurrency.
8.
If a member has a Cpublic Wallet cryptocurrency balance that is greater than the amount for active order, the member can send the amount to an external cryptocurrency wallet, excluding fees. The members are responsible for the accuracy of the external cryptocurrency wallet address provided by the members and in the case that the Company sends the cryptocurrency to the external cryptocurrency wallet address that the member registered incorrectly, the Company is not liable for it.

Article 12 (Cautions for Service Use)
1.
The Company may, at its sole discretion, refuse orders submitted through the Service without prior notice, or limit the amount of the transaction and any other terms and conditions. For example, the Company can limit the number of pending orders that can be set through the service, or can restrict transactions with specific local members.
2.
The members can cancel the order only before the order submitted to the service is concluded. For partly concluded orders you can cancel the remaining orders that have not concluded. The Company can refuse.
3.
In the event that the cryptocurrency available from the member’s Cpublic wallet is short of the amount to conclude the order submitted by the member, the Company can cancel the entire order or fulfil partial order corresponding to cryptocurrency available from the member’s Cpublic wallet.
4.
The Company can open or close the each cryptocurrency market at the discretion of the Company. If the specific cryptocurrency market is closed, any pending orders remaining in that market will be canceled.
5.
The Company can add or exclude each cryptocurrency market which can be used by members in the discretion of the Company. Unless requested by law or supervisory authority, the Company will make reasonable efforts to notify the members in advance whether to delete the cyptocurrency market. In the event that certain cryptocurrency market is excluded from the services provided by the Company, the member must move the passwords to an external cryptocurrency wallet within 14 days. The Company shall not be liable for any loss or expense related to the deletion of the cryptocurrency.

Article 13 (Service Fee)
1.
The members must pay a fee by using a service provided by the Company such as a cryptocurrency transaction service, cryptocurrency deposit and withdrawal service, and the like. Service fee is stated on the Company’s website.
2.
If certain conditions are met, the Company may set the service fee by consultation with the member.

Article 14 (Limitation on Use of Services)
1.
The Company may restrict members from logging on the member’s account if it deems appropriate, including without limitation under any of the following circumstances

If a user enters wrong passwords successively

If a user’s account has been hacked, stolen, disclosed to or used by a third party or compromised in any other way or the Company has a suspicion that such an event has occurred

If a user’s account is used for fraudulent or illegal activities of the Company has a suspicion that such an event has occurred

Any other reasons as set out in the Company’s policy and process
2.
The Company may limit the users’ deposit and withdrawal if it deems appropriate, including without limitation under any of the following circumstances.

If a user’s name is different from the name of the depositor

If the first withdrawal amount after acquiring membership or user account status is excessively high

If the Company has to limit or delay deposits and withdrawals following its policies and processes
3.
The Company may stipulate any other terms and details of limitation on the use of the services under this Article.
4.
If the Company limits the use of the services or terminates the User Agreement, the Company shall notify members in the manner set forth in these Terms.
5.
Members may object to the limitation on the use of the services under this Article in the procedure prescribed by the Company. If the Company considers, in its sole and absolute discretion, such an objection to be justifiable and that there is no longer any concern resulting in the limitation or suspension in the first place, the Company may resume the use of the services.

Article 15 (Agreement to provide personal information, etc.)
1.
As for the personal information of the member, the Company’s personal information protection policy is applied. Writing membership information in membership application forms and applying for use according to the terms means that you agree to collect, use and provide the member information stated on the application form it is regarded. The person responsible for managing membership information is the operator specified by the Company.
2.
In order for members to use the Company and the services associated with the Company in a useful and convenient manner, the Company may use the member’s information in accordance with the procedures set forth in this terms or may provide such information to the Company affiliated with the Company. Except of request by a state agency pursuant to the provisions of laws such as the Telecommunication Basic Act, request for investigating crime, request by Telecommunications Ethics Committee, and request pursuant to the procedures set forth in other relevant laws and regulations, the Company shall always disclose or disseminate the information of our members to third parties only in case that it informs the members in advance of the affiliation, purpose of providing, and contents of the member information to be provided. But, the limitations of this clause do not apply if the transaction is normally concluded at the transaction and the mutual information related to the transaction is exchanged between the parties.
3.
In the event that the personal information stated at the time of application for use is changed, the applicant or member must immediately correct the matters through the operator or member information change window. However, member ID, name, date of birth, sex, etc. cannot be changed by credit management.
4.
Members are responsible for various damages caused by unchanged information, and the Company assumes absolutely no responsibility for this.
5.
If the member has complaints about the handling of the Company’s personal information, the relevant content must be submitted to the Company in writing, in which case the Company will handle discontent of the members based on legal procedures is needed.
6.
Termination of the members’ service contract shall be subject to Article 9, and when the use contract is canceled, the member’s personal information is saved according to the relevant laws such as Act on the Protection of Consumers in Electronic Commerce, etc., and then deleted.
7.
Even when there is an obligation to discard personal information, the Company keeps personal information of the member for the period specified by the relevant laws when it is necessary to preserve according to the provisions of related laws such as the Commercial Code.
8.
In the event that it is necessary to collect or transfer personal information for the use of a specific service, the Company must always notify the members of such facts and seek consent from the members.
9.
Personal information provided by members cannot be provided for purposes other than purpose without consent of the member.

Article 16 (Protection of Personal Data)
1.
The Company endeavors to protect its members’ personal data as stipulated by relevant laws like the law regarding the promotion of information and communication network use and protection of information and privacy law.
2.
Regarding the protection and use of personal information, related laws and policies and the company’s personal information policy are applied. However, the processing policy of the company’s personal information does not apply to the external linked screen, etc. other than the screen produced by the Company.

Article 17 (Company’s General Obligations)
1.
The Company shall use all reasonable efforts to provide the services in a continuous, stable manner, as per the terms and conditions of the agreement.
2.
The Company shall use all commercially reasonable efforts to adopt such robust security system designed to protect member’s personal data (including financial information and transactions executed) to ensure that members use of the services in a safe, secure environment.
3.
The Company shall use its commercially reasonable efforts to handle all genuine complaints from members in a fair and equitable manner.

Article 18 (Customer’s Responsibility for customer ID and Password Management)
1.
Members are responsible for the management of the ID and password except in Article 17.
2.
Members should not allow their ID and password to be used by a third party.
3.
If a member recognizes that his/her ID and password are stolen or used by a third party, the member shall notify the Company immediately and shall follow the instructions of the Company.

Article 19 (User’s Obligations)
1.
Users undertake that it shall not conduct any of the followings.

Register false information when you join our membership or modify personal information

Steal or purport to steal information of any other user or persons

Change any content that is posted or provided by the Company

Transmit or post information that is not permitted by the Company like computer program, etc.)

Infringe on the intellectual property rights of the Company and any third party

Engage in any conduct, act or behavior which may damage the reputation of the Company, its Affiliates or any third party or disrupt any of their operations

Disclose or post obscene or violent messages, videos, audios, false facts or any other information that harms public order and proper social customs on or through the services

Use the service for profit-making without the Company’s prior consent

Access the account and service, create or increase the number of exposure and clicks, apply for the use of the service, or cause overload on the server of the Company, by automated means, such as Agent, Script, Spider, Spyware and Toolbar or by any other fraudulent means, without the prior permission of the Company

Collect personal and account information from other members

Disrupt sound transaction order by methods of exercising undue influence on the prices of Crypto Assets

Conduct any other illegal or unlawful act
2.
Users shall comply with all applicable laws and the user agreement, any user guide and any matter informed or notified by the Company in connection with the service and shall not conduct any act of disrupting the operation of the Company.

Article 20 (Ownership of Intellectual Property Rights and Restricted Use)
1.
The copyright and other intellectual property rights of the work created by the Company belong to the Company.
2.
Members shall not use the information obtained from the use of the service for commercial purposes or use it for the third party by copying, transmitting, publishing, distributing, broadcasting or other means without the Company’s prior consent.
3.
The Company shall notify the member in case of using the copyright belonging to the member in that year in accordance with the agreement.

Article 21 (Limitation on Use of Services)
1.
The Company’s liability limitation applies not only to the member’s willingness to exercise the right to claim damages under the contract, but also to the exercise of the right to claim damages for illegal acts.
2.
The content provided by the service is an assisting tool for the use of the service and does not suggest or imply any investment or transaction. The information provided by the content and other providers may have errors, delays and other inaccuracies, and neither the Company nor any other information provider is responsible for this.
3.
Members can suffer losses on investments based on information obtained from services and services, and the members have responsibility for this and have final judgment. The Company assumes no responsibility for the investment loss of the member.
4.
The information, opinions and materials posted by the members within the service have nothing to do with the Company, and the liability that arises in relation to the contents of the post is entirely the member who posted it and the member who viewed it. The Company shall have no legal obligation to engage in any dispute arising out of or in connection with the service of its members or between its members and third parties, and shall have no liability in this regard.
5.
The Company shall be indemnified from liabilities for provision of the service when the service cannot be provided due to natural disaster, DDos attack, IDC problems, overwhelming traffic to the service, problems with cables of common telecommunications business operators and other unavoidable causes.
6.
To the extent permitted by applicable law, the Company shall not be liable for any damages incurred by a third party from unauthorized access to the server or any other activity that interferes with the normal operation of the server or unauthorized use of the member’s information.
7.
The Company is not responsible for obstacles and service restrictions inevitably caused by the characteristics of cryptocurrency such as defects of the cryptocurrency issuance management system or technical limitations.
8.
The Company shall be exempted from the responsibility for the provision of services when checking the Company’s servers for the purpose of providing services including cases of Article
9.
The Company shall not be liable for service disruption due to attributable reasons of the members.
10.
The Company assumes no responsibility for the reliability, accuracy, legality, etc. of the information, material, facts posted on the service by the member.
11.
In connection with the use of services provided free of charge, the Company shall not be held responsible unless there are specific provisions in the relevant laws and regulations.
12.
If the Company receives various objections including damages claims or litigation from third parties due to illegal activities conducted by the member while using the service or violation of this contract, the member must try to exempt the Company by his responsibility and expenses.

Article 22 (Payment)
1.
The price of paid content depends on the price displayed at the shops in the service. However, duo to exchange rates and fees, foreign currency payment may differ from the estimated payment amount at the point of purchase and actual charges.
2.
Members are required to pay the payment amount according to the policies and methods set by the open market operator or payment company.
3.
Payment limits may be adjusted based on Company, open market operators, payment provider policies and government policies.

Article 23 (Contract Withdrawal)
1.
Paid content purchased by members is separated form content that can withdraw contract and content that cannot be withdrawn. Contents that can be withdrawn can be withdrawn within 7 days of purchase, and contents that exceed this period or contents that fall under the restrictions on withdrawal of the subscription specified by other laws and regulations such as the Consumer Protection Act on Electronic Commerce etc. will be restricted from withdrawal. Content that is subject to withdrawal will be marked as restricted or provide free content for trial use.
2.
Even in the case of paid content that can be withdrawn from application, if 7days have passed after purchase, the value of goods etc. has decreased significantly, and there are reasons that the withdrawal of members’ applications is restricted, the withdrawal of application may be restricted.
3.
Contents that the Company has provided to the members free of charge (including cause and free content) and paid contents that the members did not purchase are excluded from the withdrawal of subscription.

Article 24 (Effect of Contract Withdrawal)
1.
If the Company receives an application for withdrawal from the member, the Company will refund the purchase price of paid contents within 3 business days (within 3 business days from receipt confirmation if storage confirmation is required) only if it is not content that cannot be withdrawn as prescribed in Article 23 Claus 1 and 2.

Article 25 (Refund of Wrong Payment and Overpayment)
1.
Refunds are made in the event of the member made wrong payment or overpayment. If there is wrong payment or overpayment in the course of payment, in principle, the member shall ask the open market operator for a refund. But in case the open market operator’s policy and system-based refund procedure are supported, the Company may request the open market operator to carry out the necessary refund procedure.
2.
Refunds should be refunded using the same method as the member’s payment method. If the refund is not possible using the same method, the member may refund the refund using a different method.
3.
Members shall pay the fees for refund in the event of overload or mispayment caused by the member’s responsible reason.
4.
Charges (calls, data charges, etc.) generated by downloading applications or using network services are excluded from the refund target.

Article 26 (Refund of Paid Content)
1.
In relation to paid content, you may receive a refund through the customer center if.

The members has purchased paid content, but there is no service available for the purchased content, so the Company is solely responsible for it.

In case the Company makes a separate decision to protect consumers.
2.
Members who want to refund paid contents shall apply for a refund through the procedures set by the Company, and the Company shall evaluate whether the application for a refund is appropriate.
3.
If the Company decides to refund the member’s refund request, the Company will calculate the balance of paid contents for which the member can receive and the remaining balance will be refunded, minus the refund fee of 10%. However, in the event that the service cannot be used for reasons attributable to the Company, such as 1 of Clause 1 of this Article, the Company will not deduct the refund fee.
4.
Contents that are not purchased directly by the member, such as contents that the Company gave to the member free of charge or contents that were received as gifts, are excluded from the refund target.

Article 27 (Jurisdiction and Governing Laws)
1.
All disputes between the Company and the members shall be governed by the laws of United States of America.
2.
The lawsuit concerning disputes arising between the Company and the members shall be governed by the member’s address at the time of the lawsuit and if there is no address, the local court of the member’s place of residence will govern the lawsuit. However, if the address or residence of the member at the time of sue is not clear, or in the case of a foreign resident, it is brought up in the competent court under the Civil Procedure Code.