This Terms of Service document ("Agreement") constitutes a legal agreement between you ("user", "client") and AURE FUND EU LLC, Cyprus ("Company," "we," "us," or "our") governing your use of our websites and/or mobile application (collectively referred to as the "Platform"). By accessing or using the Platform, you agree to be bound by the terms and conditions set forth in this Agreement.
Our Platform facilitates the issuance of non-fungible tokens (NFTs) that are linked to real estate projects. These NFTs represent unique digital certificate associated with specific real estate project.
Please refer to Issuance of NFTs Linked to Real Estate section for the details.
The issuance of NFTs Linked to Real Estate is not a direct investment in real estate or in a Сompany. The income from NFTs staking is based on the possible profit which may be generated by individual real estate project linked to the corresponding NFT.
To use our services, you must provide the exact data of your crypto wallet in the Ethereum network. Due to the specifics of crypto transactions, if the user provides incorrect information (wrong crypto wallet address, blockchain network other than Ethereum, etc.), all user funds may be irretrievably lost.
1. User Eligibility
By using the Platform, you affirm that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
2. Platform Usage
The Platform is intended for personal and non-commercial use only. You may access and use the Platform for its intended purposes, subject to compliance with this Agreement and applicable laws. Any unauthorized use or access to the Platform is strictly prohibited.
3. Intellectual Property
All intellectual property rights in the Platform, including but not limited to trademarks, copyrights, logos, and other proprietary materials, are owned by the Company or its licensors. You are prohibited from using, copying, modifying, or distributing any content from the Platform without our prior written consent.
4. Privacy
We value your privacy and handle your personal information in accordance with our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy.
5. Investment Risks
Investing in real estate carries inherent risks. The information provided on the Platform is for informational purposes only and should not be considered as financial or investment advice. You acknowledge and understand that investing in real estate involves potential financial losses, and you are solely responsible for evaluating and assuming such risks.
6. Third-Party Links
The Platform may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or availability of these external sites or resources. Your use of third-party websites is subject to their respective terms and conditions.
7. Disclaimer of Warranties
Your use of the Platform is at your own risk. The Platform, together with all content, information and material contained therein, is provided “as is” and “as available”, without any representations or warranties of any kind. Any material, information or content is accessed, downloaded or otherwise obtained through the use of the Platform at your own risk and Company is not responsible for any damage to your computer systems or loss of data that results from the download of such material. Documents uploaded via the Platform are transmitted to Company in encrypted form via the internet, however, it is nevertheless possible that unauthorized third parties can gain access to the data transmitted via the Platform, especially through malware on a computer. Company expressly disclaims all express or implied representations or warranties of any kind with respect to the Platform as well as to all material, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the above mentioned provisions, the Company does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the Platform or the information or results obtained from use of the Platform. Neither does the Company guarantee that the Platform is virus-free or error-free.
8. Limitation of Liability
To the extent permitted by law, Company or its affiliates, or any of its directors, employees, contractors, service providers or agents shall not have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort arising out of or related to the use of all or part of the Platform or any links to third-party websites. This also excludes any liability due to negligence or any other legal ground.You are solely responsible for acquiring and maintaining electronic devices and equipment that can handle and will allow you to access and use the Platform as well as for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g., by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). Company explicitly disclaims all liability for any tampering with any user’s computer system by unauthorized parties, or for losses suffered or liabilities incurred by any user arising from viruses or attacks by hackers.In no event will Company or its affiliates, or any of its officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the Platform, its content, or the impossibility to use the Platform.This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising out of or related to your use of the Platform, violation of this Agreement, or infringement of any rights of third parties.
10. Modification and Termination
We reserve the right to modify, suspend, or terminate the Platform or any part thereof at any time without prior notice. We may also modify this Agreement at our discretion, and any updates will be effective upon posting on the Platform.
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Cyprus. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Cyprus.
12. Tokenized Investments in Real Estate
a. By participating in tokenized investments in real estate through our Platform, you acknowledge and understand the unique nature of these investments. Tokenized investments involve the issuance of digital certificates (NFTs) linked to real estate projects.
b. The ownership of digital certificates (NFTs) does not confer direct ownership or legal title to any real estate property. Instead, it represents the possible associated benefits as defined by the terms of the NFT staking.
c. Tokenized investments in real estate are subject to market risks, including fluctuations in property values, economic conditions, regulatory changes, and other factors that may affect investment performance. Past performance is not indicative of future results.
d. It is your responsibility to ensure compliance with applicable laws and regulations in your jurisdiction before participating in tokenized investments through our Platform.
e. The Company does not provide financial or investment advice. The information provided on the Platform is for informational purposes only. We recommend consulting with a qualified financial advisor or professional before making any investment decisions.
f. The liquidity of tokenized investments may vary, and there may be restrictions on transferring or selling digital tokens. Such restrictions may be imposed by regulatory authorities, governing agreements, or market conditions.
g. The Company makes reasonable efforts to ensure the accuracy and reliability of information related to tokenized investments on the Platform. However, we do not guarantee the accuracy, completeness, or timeliness of such information. It is your responsibility to conduct thorough due diligence and seek independent verification before making investment decisions.
h. The Company reserves the right to modify, suspend, or terminate the tokenized investment offerings on the Platform at any time without prior notice. We may also impose additional restrictions or requirements as deemed necessary or appropriate.
i. Investing in tokenized real estate carries inherent risks, and you should carefully assess your financial situation, risk tolerance, and investment objectives before participating in such investments. The decision to invest and the allocation of your investment portfolio are solely your responsibility.
13. Issuance of NFTs Linked to Real Estate
a. Our Platform facilitates the issuance of non-fungible tokens (NFTs) that are linked to real estate projects. These NFTs represent unique digital certificate associated with specific real estate project.
b. The ownership of NFTs linked to real estate project does not confer direct ownership or legal rights to any real estate property or part of it. These NFTs serve as a digital certificate of the possible benefits you can get from staking NFTs linked to real estate projects.
c. The ownership and transfer of NFTs are facilitated through blockchain technology, providing a decentralized and transparent record of ownership. However, the value and liquidity of NFTs may fluctuate, and there is no guarantee of their future marketability or value.
d. When staking NFTs linked to real estate, you may be entitled to certain benefits, such as rewards in AURE COINS or other tokens, as defined by the staking plan (metadata) associated with the NFT. The specific terms and benefits of staking will be outlined in the corresponding digital certificate (NFT).
e. The redeem or transfer of NFTs linked to real estate may be subject to specific restrictions, including but not limited to holding periods, minimum staking requirements, or regulatory obligations. At the end of the holding period (on the maturity date), staked NFTs will be converted into AURE COINS at the appropriate rate.
f. The Company does not provide financial or investment advice regarding the purchase, staking, or sale of NFTs. The decision to engage in NFT transactions and the associated risks are solely your responsibility. It is recommended that you seek independent advice or conduct thorough research before participating in NFT activities.
g. The information provided on the Platform regarding NFTs linked to real estate is for informational purposes only. We make reasonable efforts to ensure the accuracy and reliability of such information. However, we do not guarantee the accuracy, completeness, or timeliness of the information provided. You should conduct your own due diligence and verification before making any decisions based on the information presented.
h. The Company reserves the right to modify, suspend, or terminate the availability of NFT offerings, staking programs, or related services on the Platform at any time without prior notice. We may also impose additional terms, restrictions, or requirements as necessary or appropriate.
i. The purchase, staking, and sale of NFTs linked to real estate may be subject to jurisdictional restrictions and regulatory requirements. It is your responsibility to comply with applicable laws and regulations in your jurisdiction before engaging in NFT transactions through our Platform.
j. The Company is not liable for any losses, damages, or disputes arising from the purchase, staking, or sale of NFTs linked to real estate. You agree to indemnify and hold the Company harmless from any claims, liabilities, or expenses incurred as a result of your NFT-related activities on the Platform.
By participating in the purchase, staking, or sale of NFTs linked to real estate through our Platform, you acknowledge that you have read, understood, and agreed to be bound by these specific terms and conditions related to NFT transactions. It is essential to review and consider these provisions carefully before engaging in any NFT activities on the Platform.
14. Rent of Real Estate (Company-Owned Properties)
a. Our Platform may facilitate the rental of real estate properties owned by the Company. By using our Platform to rent Company-owned real estate, you acknowledge and agree to the terms and conditions outlined in this section.
b. The rental agreements facilitated through our Platform for Company-owned properties are between the Company as the property owner (landlord) and the tenant. The terms and conditions of the rental agreements will be determined by the Company and communicated to the tenant.
c. The information provided on the Platform regarding rental properties is for informational purposes only. While we strive to ensure the accuracy and reliability of such information, we do not guarantee the availability, accuracy, completeness, or timeliness of the information provided. You should independently verify the details of the rental property before entering into any agreements.
d. The terms of the rental agreement, including rental price, lease duration, payment terms, and other conditions, will be specified by the Company and outlined in the rental agreement. It is the tenant's responsibility to review and agree to these terms before entering into the rental agreement.
e. The Company may provide features or tools on the Platform to facilitate communication between the Company and the tenant, such as messaging systems or online booking requests. However, we do not guarantee the accuracy or reliability of such features and cannot be held liable for any disputes or issues arising from their use.
f. Any financial transactions, such as rental payments, security deposits, or fees, will be specified by the Company and outlined in the rental agreement. The Company will provide instructions for the payment process, and tenants are responsible for complying with these instructions.
g. The Company may collect and process personal information from tenants for the purpose of facilitating the rental transactions. Our handling of personal information is governed by our Privacy Policy, and by using the Platform, you consent to the collection, use, and processing of your personal information as described therein.
h. The Company reserves the right to modify, suspend, or terminate the availability of rental property listings or related services on the Platform at any time without prior notice. We may also impose additional terms, restrictions, or requirements as necessary or appropriate.
i. Renting Company-owned real estate properties through our Platform may be subject to jurisdictional restrictions, local laws, and regulations. It is your responsibility to comply with applicable laws and regulations in your jurisdiction when renting Company-owned properties through our Platform.
j. The Company is not responsible for any damages, losses, or liabilities arising from the rental of Company-owned real estate properties through our Platform, except to the extent provided by applicable laws. Tenants agree to indemnify and hold the Company harmless from any claims, disputes, or expenses incurred as a result of their rental activities on the Platform.
By using our Platform to rent Company-owned real estate properties, you acknowledge that you have read, understood, and agreed to be bound by these specific terms and conditions related to property rentals. It is essential to review and consider these provisions carefully before engaging in any rental activities on the Platform.
15. Purchase of Real Estate
a. The purchase of real estate properties through our Platform is subject to the terms and conditions outlined in this section. By using our Platform to purchase real estate, you acknowledge and agree to these terms and conditions.
b. The information provided on the Platform regarding real estate properties is for informational purposes only. We strive to ensure the accuracy and reliability of such information, but we do not guarantee the availability, accuracy, completeness, or timeliness of the information provided. You should independently verify the details of the real estate property before entering into any purchase agreements.
c. The purchase process begins with submitting a purchase request through our Platform. The submission of a purchase request serves as an expression of interest in a specific real estate property. It does not constitute a binding agreement or guarantee of purchase.
d. Upon receipt of the purchase request, we will connect you with an authorized by Company local real estate agent who will handle the purchase transaction. The authorized local real estate agent will guide you through the purchase process, including property viewings, negotiations, and drafting of the purchase agreement.
e. The terms and conditions of the purchase, including the purchase price, payment terms, and other relevant factors, will be negotiated directly between you and the authorized local real estate agent. The Company is not a party to the purchase agreement between you and the authorized local real estate agent. We do not assume any responsibility or liability for the terms, conditions, or disputes arising from the purchase transaction.
f. Any financial transactions, such as payment for the real estate property or associated fees, will be conducted directly between you and the authorized local real estate agent. The Company does not handle or hold any funds related to these transactions and is not responsible for any financial obligations or disputes between you and the authorized local real estate agent.
By using the Platform, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to these terms and conditions, please refrain from accessing or using the Platform.