Пользовательское соглашение
05\09\2023 Buildix Limited, hereinafter referred to as "Buildix", the "Company", thanks you for your interest in the services and products provided by the Company (hereinafter referred to as "Company Services", "Buildix Network Services").
Protecting your personal information is very important to us, so we take special care to protect the data we collect and process when you use the Company's Services.
The Company's Services include the Company's mobile applications, the website at Buildix.org (and the Services on it), which allow Users to interact with the Company with or without a contract (such as when using the website), as well as interaction with the Company's partners under contracts between Users and such partners, including information exchange and certain transactions via the Internet or a special mobile device (smartphone, tablet, etc.), as well as the system of e-commerce, which allows users to access the Company's Services.
Obtaining access to using the Company's Services means Users' unconditional consent to the provisions of this User Agreement and the Privacy Policy.
Buildix Limited ensures the security of personal information received from the Users of the Company's Services.
This User Agreement is designed to specify the list of data that may be requested from Users of the Company's Services, as well as the ways in which the Company and other parties may process such data, and to define the rights and obligations of each party to this Agreement.
This Agreement also specifies the purposes for which personal information of Users may be requested or disclosed. Separate agreements with Users may specify other purposes for which personal information of Users may be requested or disclosed.
This agreement also stipulates provisions of the Privacy Policy, specifies basic precautions to be taken by the Users to keep their personal information confidential.
I. Privacy Statement (Privacy Policy).
These Regulations apply to information obtained by Buildix Limited as a result of the use of the Company's Services by Users.
1. Information of Users received and used and the purposes of its use Information of Users is collected by the Company in order to perform technical management of the Services, as well as to analyze and improve the Services; to provide Users with information about the services and products offered by the Company, as well as analytical and statistical data regarding their use of the Company's Services; for marketing purposes; for other purposes specified in this Privacy Policy and for other purposes; and for other purposes specified in this Policy.
2. In the present Privacy Policy the information of the User means: personal information which the User provides Buildix Limited when creating an account, registration, etc., as well as during the use of the Services (full name, sex, e-mail address, phone number, passport data, etc.); as well as automatically transmitted data during the use of the Services of the Company, including, but not limited to: IP address, information about the mobile device from which access is made, etc.
3. When using the Company's Services, the following information may be requested and received:
3.1.Information about the User.
When creating an account and/or registration, the Company requests information about the user, such as full name, gender, date of birth, residence address, email address, phone number, as well as details of the bank card or other electronic means of payment, details of identity documents, as well as their photos, pictures of Users. The Company may also request additional information. With the User's separate consent, the Company may receive information about the User's contact details (phone and/or address book, contacts in a mobile device).
3.2.Information about mobile device.
The Company collects information about Users' mobile devices, such as mobile device model, operating system version, unique device identifiers, as well as mobile network data and cell phone number. In addition, the device ID and cell phone number may be linked to the User's account.
3.3 Location Information.
The Company's services that support the geographic location function of the User's mobile device allow the Company to receive information about the User's actual location, including GPS data sent by the mobile device.
3.4 Information about transactions performed.
When performing payment for services, money transfers and other operations, the Company collects data on the place, time and amount of the performed operations, the type of payment method, data about the merchant and/or service provider, descriptions of the reason for performing the operation, if any, as well as other information related to performing the above-mentioned operations.
3.5 Information about installed applications.
The Company may collect metadata of applications installed on the User's mobile device, such as application name, application ID and checksum. The specified data may be used by the Company to detect malicious programs and viruses in order to ensure the security of User data when using a mobile application and to expand the functionality of the Company Services, including the interaction with the Company's partners. With the User's separate consent, the Company may collect metadata of media files stored on the User's mobile device, such as creation date and time, version and technical characteristics of the program in which the file was created, location, etc. The specified data is used by the Company for the purposes of analytics and statistics, use of Services; formation of personalized offers for the User. When using the information of Users, the Company shall be guided by these terms of the Privacy Policy when processing it, as well as by the legislation of the Republic of Cyprus.
4. Providing Users' information to third parties.
The Company has the right to share Users' information with its affiliates, as well as partners and other companies associated with Buildix Limited for the purposes specified above. At the same time, the Company's affiliates, as well as affiliated companies, must adhere to this Privacy Policy.
The Company has the right to provide Users with information about other Users in order to provide additional functionality to the Company's Services.
This information is limited to what is necessary to achieve the purpose of its provision and does not contain personal data, banking or trade secrets of the User. The Company does not share user information with companies and individuals unaffiliated with the Company, except for the cases listed below:
- User has given his consent to this. The Company requests additional consent from the User to share User information with companies and individuals unaffiliated with the Company, including other users. The user may withdraw this consent at any time.
- As required by applicable law.
The Company provides information to Users if the receipt, use and disclosure of such information is necessary for the purpose of:
· to comply and enforce applicable law, court decisions, or to comply with lawful requirements of governmental authorities;
· detection, suppression or other prevention of fraud, as well as the elimination of technical or security malfunctions;
· protect the rights, property, or safety of the Company and users of the Company's Services to the extent permitted by applicable law. The Company may share aggregated, anonymized data about Users of the Company's Services with partners (for example, for statistical and other research purposes).
5. Security measures used to maintain the confidentiality of information.
The Company takes all possible measures to ensure the security and protection of Users' information from unauthorized attempts to access, modify, disclose or destroy it, as well as other types of improper use. In particular, the Company continually improves data collection, storage and processing methods, including physical security measures, to prevent unauthorized access to the Company's systems for the purpose of stealing property, phishing and other types of fraud. The Company also restricts access to User information by employees, contractors and agents, with strict contractual confidentiality obligations and strict liability and penalties for violations. The security of using the Company's Services also depends on the User exercising caution when sharing his or her personal data. The User must keep account data, such as login and password, secret from third parties. The User agrees to immediately notify the Company of any suspected unauthorized use of his/her account.
The Company ensures protection of information at all stages of its "life cycle", including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), anonymization, blocking, removal, destruction of personal data and does not allow violation of confidentiality of the information received. The Company stores all data received from users. The Company uses the following methods (including but not limited to) to ensure secure storage of data in information systems as required by law: data encryption; use of secure communication channels; use of information security measures, etc.
The Company determines the time periods for data storage in accordance with legal requirements and the requirements of the authorities.
6. Conditions of information transfer.
The User gives his consent to the Company to process his data provided during registration in the Buildix Mobile Application and/or on the website by any means, including third parties, including reproduction, electronic copying, depersonalization, blocking, destruction, as well as the above processing of my other personal data obtained as a result of their processing, in order to provide access to the functionality of the Company Mobile Application and/or the website, as well as for
· entering into a universal contract with the Company;
· creation of information systems of personal data of the Company;
· Insurance carried out with the assistance of the Company or in favor of the Company and/or the User in connection with the conclusion of the contract;
· as well as for any other purposes, directly or indirectly related to the use by the User of the Company Services and the offer of other products of the Company, and sending the User information about new products and services of the Company and/or its counterparties. Any user data is collected by the Company with the user's consent, except in cases where data processing in accordance with applicable law is possible without the consent of users. All data received from users shall be processed by the Company without the participation of third parties. The Company discloses and distributes data to third parties with the user's consent, to the extent and in cases appropriate to the purpose of data processing, or without the user's consent in cases provided by law.
The user hereby gives consent to the Company's counterparties to process all personal data at the disposal / access the Company and / or the Company's counterparties, including for the purpose of informing the user about the services of counterparties, the specified consent is given for a period of 15 years, and in case of its withdrawal the processing of personal data by the User shall be terminated by the Company and / or third parties and data destroyed (subject to the termination of the Agreement between the User and the Company and its full performance by the Parties).
The User consents to receive advertisements, mailings, including via mobile radio telephone network, from the Company, its counterparties and affiliates.
II. Terms of Use for the Buildix Mobile App.
These Terms and Conditions govern the use of the Buildix Limited Mobile Application - "Buildix" (hereinafter referred to as the Mobile Application) on a mobile device (smartphone, tablet, etc. ) customers of Buildix Limited (hereinafter referred to as Users) who, for the purpose of carrying out investment, lending or crowding transactions (other than that scope of services provided by Buildix Limited for which a license is required), have an agreement with Buildix Limited for the use of the Buildix Mobile App (of which these Terms and Conditions are an integral part).
These Terms and Conditions are an agreement between the Users of the Mobile Application and the Company. Use of the Mobile Application means that the Mobile Application User accepts and agrees to these Terms and Conditions.
1. Using the Mobile App.
The Company hereby grants the User of the Mobile Application a royalty-free, non-exclusive, non-transferable, perpetual license with respect to the Mobile Application with the right to use the Mobile Application in accordance with its functional purpose, in the following ways and to the following extent:
· installation of the Mobile Application on the User's mobile device;
· reproduction of the Mobile application on the User's device for personal purposes not related to business activities.
· Other ways of using the Mobile Application are prohibited. In particular, the User may not:
· modify, decompile, decrypt or perform other actions with the code of the Mobile Application with the purpose of obtaining information about the implementation of the algorithms used in the Mobile Application;
· create derivative works using the Mobile Application;
· Use the Mobile Application for the purpose of infringing the rights of third parties or for purposes contrary to applicable law;
· install and use Mobile application on mobile devices with unlicensed software. The Company shall not be responsible for the stability, reliability, proper functioning of the Mobile application, or for any other consequences of using the Mobile application on mobile devices that have been subject to installation of an unlicensed version of the software.
1.1.In order to use the functionality of the Mobile application, the User shall enter into an agreement with the Company, which shall be concluded by the User's conclusive actions expressed by using the Buildix Mobile application, agreeing to this Agreement, in using the services and Services of the Company, in carrying out the User's actions aimed at investing, lending or crowdfunding within the use of the Buildix Application.
1.2.To gain access to the Mobile Application, the User must enter his Authentication Data to access and perform operations through the Company's Services, which enable interaction between the Company and the Client, including information exchange and performing certain operations, via the Internet and a special mobile device application.
After entering the Authentication Data, authentication followed by authorization, the Mobile Application User may set their own access code to the Mobile Application, and (if such functionality is available in the Application) choose another method of authentication, including the use of facial recognition or the fingerprint of the Mobile Application User, provided that the Mobile Device of the Mobile Application User supports such functionality.
The use of the Mobile Application means that the User of Mobile Application unconditionally agrees that electronic documents and orders prepared and/or transmitted via the Mobile Application by entering Authentication Data and/or Access Codes are equivalent (equivalent) to documents and orders in hard copy and have the same legal effect as documents and orders signed by the User of Mobile Application in their own hand.
1.1.
1.2.
1.3. The terms "Authentication Data", "Access Codes", "Subscriber Number", as well as other capitalized terms shall be used in these Terms and Conditions in the meanings provided for in paragraph 3 of this Agreement (Buildix Mobile Application Service Agreement).
1.4 The Company may receive any commission or payment for the User's use of the Mobile application. In turn, such commission or payment shall not include any fees charged by third parties, including wireless carriers or data service providers, for services provided by them.
2.Agreements with third parties.
Use of the Mobile App by Mobile App Users may also be subject to separate and independent agreements with other third parties (e.g., the mobile network operator).
3. Storing credentials of Mobile App Users.
Users of the Mobile application undertake to ensure the confidentiality of their data and not to disclose their Authentication Data to third parties. If the Authentication Data has been disclosed to third parties, the User shall be fully responsible for the possibility of such third parties obtaining the User's personal information, access to the User's mobile device and Mobile Application, and the possibility of performing transactions through the use of the Mobile Application. If the Authentication Data for accessing the Mobile Application belongs to a third party, transactions made through the use of the Mobile Application using the said data shall be deemed to have been made by the User. The User shall be responsible for all transactions performed using their Authentication Data.
If the Authentication Data/Access Code for the Mobile Application has been compromised or if the Authentication Data/Access Code has become available to third parties, the User shall immediately notify the Company by contacting the Application Support Service; by sending an email to info@buildix.xyz;
4.Suspension of the Mobile App.
4.1 The Company shall be entitled to change the functionality of the Mobile Application at any time and restrict the Mobile Application User's ability to use it. The Company shall be entitled to take the aforementioned actions without prior notice to Mobile Application Users, including if the User fails to comply with these Terms and/or violates the terms of the Agreements entered into with the Company.
4.2 The User of Mobile Application may, at any time, refuse to use the Mobile Application.
5.Collection, use and transfer of information.
The collection, use, and transfer of information about the Mobile Application User is governed by these Terms, the Privacy Policy, and the Mobile Application User Agreement.
The Mobile Application User agrees that the Company may collect, use and transfer information about the User, including information related to the use of the Mobile Application, for the following purposes:
· To confirm the identity of the Mobile Application User;
· To confirm the identification of the User of Mobile application;
· To enable the conclusion of Contracts, Agreements, Additional Agreements between the Company and the Mobile Application User and third parties;
· To assist the User of Mobile Application in conducting transactions through the use of Mobile Application;
· To carry out work to improve the Mobile Application, the Company may aggregate information about Mobile Application Users or make it anonymous for the purposes set out in the Privacy Policy;
· To provide information about the Mobile Application User's transactions;
· To process his/her data provided when registering in the Company's Mobile application and/or website by any means, including third parties, including reproduction, electronic copying, depersonalization, blocking, destruction, as well as the above processing of other personal data of the User received as a result of their processing, for the purpose of: providing access to the functionality of the Company's Mobile application and/or website, entering into a universal Agreement with the Company;
· To conclude insurance contracts in favor of the Company and/or the User; as well as to send the User information about new products and services of the Company and/or its counterparties.
· To process all personal data available to/accessible to the Company and/or the Company's counterparties, including to inform the User about counterparty services, as well as to process information about subscribers and communication services rendered to them (if the Company's counterparty is a telecommunications operator). The above consent is given for a period of 15 years, and in case of its revocation the processing of personal data of the User shall be terminated by the Company and/or third parties and data destroyed (subject to termination of the Agreement and full performance of obligations by the Parties) no later than 1 (one) year from the date of termination of the Agreement.
· to receive advertisements, mailings, including via mobile telephone network, from the Company, its counterparties and affiliated entities.
The Mobile Application User is notified and agrees that, as part of the functionality of the Mobile Application, he/she will be provided with information about the funds in the wallets opened to the Mobile Application User by the Company, including information about the available balance of those wallets, in order to enable him/her to perform operations aimed at investing, lending or crowdfunding.
6. Messages to be sent. Disclaimer of warranties.
6.1.The Mobile Application User agrees to receive communications from the Company related to the use of the Mobile Application, including to the email address and subscriber number that the Mobile Application User has provided. If the contact details of the User of Mobile Application have changed, the User shall notify the Company.
6.2. The Company shall not be liable to Mobile Application Users directly or indirectly for any circumstances in which the functioning of the Mobile Application is interrupted or disrupted for reasons beyond its control, such as unavailability of the Mobile Application or wireless communication services, communication services, network delays, system interruptions or wireless connection interruptions. The Company shall not be responsible for any wireless communication services used for accessing, using the Mobile application. The Company shall also not be responsible for the performance of the Mobile Application User's mobile device. Unless otherwise provided by law, in no event shall the Company be liable for any losses incurred by the User due to the inability to use the Mobile application.
7. Changes to these Terms and Conditions.
The Company has the right to change these Terms and Conditions at any time without prior notice to Mobile App Users. An up-to-date version of these Terms and Conditions is posted by the Company on the mobile application, as well as at buildix.xyz.
The Mobile App User agrees to all changes as long as they continue to use the Mobile App. If the Mobile App User does not agree to accept the changes to these Terms and Conditions, he/she shall discontinue using the Mobile App.
III. Service agreement for the use of the Buildix mobile application.
This Buildix Mobile Application Service Agreement specifies:
· The manner in which Buildix Limited, as the provider of the Buildix mobile application service, shall conduct its activities for the purpose of investment, lending or crowding transactions (other than that scope of services provided by Buildix Limited, for which a license is required) by the User. Buildix Limited's activities are not brokerage, do not involve any financial advice (including investment advice), do not involve currency or other exchanges and are not licensed. By using the Buildix mobile application, the user agrees to this condition and is not entitled to make any claims based on a different interpretation of this condition;
· the procedure for Buildix Limited to carry out transactions with third parties through the Buildix application, as a commission agent or agent in the interests and at the expense of the User;
· the procedure for entering into, amending and terminating this Agreement;
This Agreement is an offer, the text of which is posted on the Company's official website at: buildix.xyz.
This Agreement is not a public offer, Buildix Limited has the right to refuse to conclude the Agreement to any person, without giving any reasons.
1. Terms.
1.1 Buildix Network - means all web sites, applications, services, tools operated and owned by Buildix, including information about transactions on the Buildix Network by certain individuals or entities;
1.2 Confidential Information - information contained on the Buildix Network, including the source (software) code of Buildix's intellectual property, other information, including data on Buildix's users and customers;
1.3 Customer Request Posting means a developer's request to raise funds (as a loan or investment) posted by a customer with the assistance of Buildix on the Buildix Network platform.
1.4 Real estate object - is an existing or future property complex or a part thereof with certain characteristics (including generic) presented by the Customer as an object for the creation or reconstruction (and other modification) of which funds are collected with the help of Buildix Network;
1.5 Expiration is the moment associated with the completion of construction (including reconstruction, renovation, etc.) and handover of the Object, associated with the end of all transactions and operations in Buildix Network in relation to that Object; Handover takes place in accordance with local rules and laws in the location of the Object, as well as on the basis of a relevant decision of public authorities;
1.6 Closing of the transaction prior to the Expiration Time is the return of the funds (and profit, if any) received by the Developer from the users prior to the Expiration Time, as agreed by the Client and micro-investor (micro-investors) (for example due to the potential desire of a third party to purchase the Real Estate Object prior to the Expiration Time). At the same time, closing of the transaction in accordance with the procedure stipulated in this clause is possible only if the Client has received approval from the required number of micro-investors whose aggregate capital, presented to the Client as an investment (loan), is equal to the amount of funds collected for the construction of the Real Estate Object.
1.7 The minimum amount of investments is the amount of funds which the Developer is ready to accept from micro-investors as investments (including by way of a loan);
1.8 Profit of micro-investors before the expiration of the Real Estate Object is the amount of money payable by the Client to micro-investors which is the difference between the initial amount of money presented by micro-investor(s) to the Client and the final sale (sale) price of the Real Estate Object before the expiration. This profit is distributed among all Micro-investors in proportion to the volume of funds submitted to the Developer.
1.9 Profit of micro-investors after expiration is the amount of money payable by the Client to micro-investors which is the difference between the initial amount of money presented by micro-investor(s) to the Client and the final price of sale (sale) of the Real estate Object after expiration. This profit is distributed among all Micro-investors in proportion to the volume of funds submitted to the Developer;
1.10 Closing of the transaction after expiration - automatic return of funds to micro-investors, as well as payment of profit (if any), from the funds generated by the sale of the Real estate Object to any third party, as well as after the Customer has deposited the mentioned funds in the Buildix network. Кошелек Заказчика – обозначает учетную запись Заказчика в сети Buildix, доступ к изменениям, редактированиям состояний (в т.ч. списаний, пополнений) которой имеет только Застройщик;
1.11 User Wallet - means an account of a natural person (Micro-investor; User) in Buildix Network, access to changes, editing the states (including debits, deposits) of which only the User has access;
1.12 Micro-investors are users who use Buildix Network for the purpose of investing money and providing it to the developer under the condition of return with a certain yield;
1.13 Subscriber number - a cell phone number provided to the User by the mobile network operator in accordance with the contract for the provision of communication services, indicated by the User in the Application-Anket or another cell phone number provided to the User by the mobile network operator in accordance with the contract for the provision of communication services, indicated by the User in the Message sent to Buildix Limited (provided that the Company verifies the indicated cell phone number as a cell phone number provided to the User). Only a cell phone number in international format may be specified as a Subscriber number.
1.14 Subscriber device means a personal computer, smartphone, telephone set or other device connected to telecommunications (data transmission) lines and used for transmitting and/or receiving Messages from the Company within the framework of the Remote Service.
1.15 Authorization - granting Buildix Limited access to the User's Personal Office in accordance with the previously performed Authentication with the right to use all Services of the Company.
1.16 Asset (Assets) - monetary funds and claim rights to third parties (in particular, to Developers) recorded in the User's wallet.
1.17 User's Handwritten Signature Analogue (HSA) - the User's Authentication Data used by the User to access the Buildix Mobile Application; initiate and sign Communications.
1.18 User Authentication (Authentication) - a mechanism for confirming (authenticating) the identity and matching the KYC (know your customer) data entered by the User (or communicated by the User when contacted by phone) with the User's account data contained in the Buildix Nerwork.
1.19 Prior to initial authentication, the User must complete the registration procedure, generate a unique login and password, or create an access code for the User to access the User's Personal Area.
1.20 User Authentication Data (Authentication Data) - unique login of Investor, password of Investor, one-time SMS code or code contained in Push notification (in cases stipulated by the Agreement), used for access to the Personal profile of the User (Mobile application "Buildix");
1.21 Remote Service - a method of exchange of Communications between the Company and the User under this Agreement, through the use of Internet communication channels (including remote access to the User's Personal Office, remote access to the Buildix Application in general)
1.22 Micro-investor, User is a fully capable natural person using the Buildix Mobile App. In turn, the User receives all the features of using the Mobile App only after accepting and signing this Agreement via the Mobile App.
The User expresses interest in entering into this Agreement at the moment of sending their questionnaire (personal data (in particular as a result of the verification, identification and KYC procedure) to Buildix Limited via the Buildix Mobile App, signed electronically with an SMS code received on the Subscriber number of the User.
A User who has sent an offer to sign this Agreement in the above-mentioned manner shall be deemed identified after passing the KYC procedure, and providing the information required by law.
The User (Offeror) who has signed the Questionnaire by SMS code and sent the said Questionnaire to Buildix Limited confirms that the signing of the Questionnaire by SMS code was performed by the User and is an appropriate way of signing the Application Form as an electronic document, agrees that the Questionnaire (Offer) signed by the Offeror by SMS code has legal force of the original document paper document signed with the Offeror's handwritten signature, and is a proper and admissible evidence of sending the Offer and entering into the Agreement in case the Application-Affer is accepted by Buildix Limited (Acceptant), which can be used to settle disputes in court.
The Application-Affer may be withdrawn by the User prior to its acceptance by Buildix Limited.
This Agreement shall be deemed signed by the Parties after the following actions:
1) Submission of the Questionnaire by the User via the Buildix Mobile Application to the Company;
2) Verification by the Company of the data provided by the User, its verification;
3) Acceptance of the terms of this Agreement by the User via Buildix Mobile Application.
1.23. User's Personal Account (Personal Account) - an Authorized Section of the Buildix Mobile Application that enables the User to send Communications (including orders) electronically to Buildix Limited, to receive Communications (Reports and other Communications) electronically from the Company,
1.24. Log file - a log file (report, technical protocol) created by the software and hardware tools of Buildix Limited, which records the actions/events performed by the Parties within the framework of the Remote Service.
1.25. Buildix Mobile Application (Company's Mobile Application) - software installed on the Subscriber device of Investor, the definition of which is used in the meaning set forth in this Agreement.
1.26. Instruction - the message sent by the User to the Company, which is subject to execution by the Company, including when the conditions set by the User do or do not occur.
2. Subject of the agreement.
2.1 Buildix Limited (Contractor) undertakes to provide services to the User, to provide information on fund raising by Developers as an investment (loan) for the construction of Real Estate Objects; to assist them in making such investments (providing a loan to Developers), as well as to assist the User in receiving funds when the conditions of return of investment (loan) funds by Developers occur (including when selling a Real Estate Object) and profit (if any);
2.2 Within the framework of service rendering under this Agreement, the Contractor shall perform actions aimed at providing a software solution for the possibility of making investments on the Buildix Network platform;
2.3 The purpose of the User is to implement the possibility of making investments, according to the requests of the Developers, placed on the Buildix Network platform in the Buildix mobile application, for the purpose of obtaining profit.
3. The basic terms and conditions of the agreement:
3.1 In order to enable the User to make investments, the Contractor shall post information about requests (offers) from Developers for investments (on the basis of the data submitted by them) on the Buildix Network platform in the Buildix Mobile App.
Such requests contain essential conditions, namely: the amount of funds required to be collected, the name, the characteristics of the Property, its location, the timing of construction of the Property, the start and end dates of the collection of investment funds.
In addition, inquiries contain information necessary for the objective formation of the User's opinion on the advisability of making or refraining from making such investments, namely: a list of documents provided by the Developer, information on the credibility check of the Developer (including historical information on its business activities and its top management, on the existence of legal proceedings, financial well-being, information on previously constructed real estate objects, information on the construction stages and approximate completion dates), information on the construction progress and approximate completion dates of real estate objects.
Requests (offers) from Developers are displayed in the Mobile App in the format of the Real Estate Object card.
3.2 In case of interest in investing, the User, who has gone through the authorization procedure and signed (accepted) this Agreement, is considered to be notified of all the risks of making investments.
In order to make an investment, the User may make a transaction through the Buildix Mobile App in an amount at his/her discretion, but within the limits of the amount announced for collection in the specific investment request of the Developer, and the amount the User wishes to invest must be in the User's Wallet (as interpreted in this Agreement).
As a result of making an investment, the User may track information about his or her Asset in Personal Area of the Mobile Application.
To determine the terms under which investments are made by the User to the Developer, the material terms specified in the Object card, as well as the terms of this Agreement, shall be used.
In addition, the User's actions in the Mobile Application aimed at investing funds in the Real Estate Object (by clicking Invest, buy, sell, etc.) may be regarded by the Company as the User's instruction to the Company to enter into an investment agreement between the User and the Developer, in which case the Company shall act as the User's Agent in relations with the Developer. In this case such actions of the User can be considered as an assignment only if the User underwent the Authentication procedure and his/her purse contains the necessary amount of money for making a deal with the Developer.
In addition, Buildix undertakes to send the User documents confirming that the User has made an investment transaction. Such documents can be sent by SMS or sent to the e-mail address provided by the User in the Questionnaire. The deadline for such sending is subject to Buildix providing information on the received transfer from the acquiring service provider.
3.3 In order to control the timing of construction, its stages, as well as to obtain information about the Developer, the User has the right to request from the Contractor the relevant information, through the channels of communication established in this Agreement.
3.4 In case of receiving a request for information from the User, the Executor is obliged to provide him with an appropriate response within five (5) working days. In case of lack of information available to the Executor, the latter is obliged to request such information directly from the Developer;
3.5 Furthermore, the Contractor is obliged to perform reasonable and circumspect activities that aim to minimize the User's investment risks, incl. to provide the User with truthful and complete information in due time regarding the User's investments in the particular Real Estate Object or Objects.
4. Transfer of monetary funds collected to the Developer.
4.1 The cash proceeds from the collection of investment funds shall be accumulated and kept in the accounts of Buildix;
4.2 The Contractor shall transfer the cash funds to the Developer when it reaches certain construction milestones stipulated by the Agreement concluded between the Developer and Buildix Limited.
Information about these milestones is displayed by the Contractor in the Object card in the Mobile App.
4.3 The Contractor shall notify the User when the Developer reaches any stage of construction by sending such information, as well as supporting documents, to the User or by posting this information on the Object card;
At the User's request, the Contractor shall provide a reasoned explanation for the positive or negative decision to transfer the funds to the Developer for the achievement of each construction stage (stages).
4.4 The Executor undertakes to verify the documents and other evidence submitted by the Customer (Developer) confirming the achievement of each respective stage. The Contractor shall be entitled at its own discretion to take additional measures to verify the achievement of each stage by the Customer;
4.5 The funds shall be transferred by Buildix Limited in favour of the Customer (Developer) within 5 working days of the Customer submitting documents confirming the Customer's completion of each construction phase; within this period Buildix Limited undertakes to review the submitted documents; to notify the User, and, if the Customer confirms the completion of the relevant construction phase, to transfer the funds in the specified amount.
4.6 Upon receipt of the funds, all risks of the consequences of non-fulfillment of its obligations to the User (micro-investors, both individually and collectively) shall pass to the Customer (Developer) in the amount proportional to the funds received from Buildix Limited;
4.7 Documents about the next payment made by the Contractor to the Client are presented by the Contractor as a report to each User (micro-investor) according to the contact data provided by him or by placing in the Object card.
5. Sale of the Property. Expiration.
5.1.The concept of Expiration is set out in clause 1.5 of the Agreement;
5.2 In the event that a third party expresses an interest in purchasing the Property or any part thereof prior to the Expiration Date, the Developer undertakes to do the following prior to entering into the transaction with the third party:
5.2.1 The Developer shall repay its obligations to the micro-investors and in agreement with them in the amount of the initial value of the Real Estate Object or its part planned for sale, as well as pay to them the profit from the sale of the Object or its part (if any);
5.2.2 The Developer understands that these actions are necessary for good faith and proper performance of its obligations both to each other and to micro-investors. To do otherwise is a breach of contractual obligations with Buildix and a violation of Users' rights.
5.3 In the event that a third party expresses an interest in purchasing the Property or any part thereof after the Expiration Time, the value of such Property in the transaction with the third party shall be determined as the market price, equivalent, subject to reasonable deviations, of the market, including in connection with the sale by the Developer of other similar properties in the area, region, as well as by other Sellers. Understatement of the market price shall be a breach of obligations.
The Contractor has the right to verify the correctness of the market price of the Real Estate as determined by the Developer and provide the User with the Report by posting it on the card of the Object.
5.4 After the Object or its part is sold, the Developer undertakes to deposit the proceeds from the sale of this Object on the Buildix Network platform;
5.5 The deposited funds are automatically distributed among micro-investors, equivalent to the amount of money they have deposited;
5.6 As a result of distribution of funds between micro-investors, the transaction between the User and the Developer is closed.
5.7 From the moment when all micro-investors receive money from the sale of the Real estate object, the Client's obligations to micro-investors are considered to be fulfilled.
6. Other conditions
6.1.The Developer's liability, including in connection with the risks of insolvency (bankruptcy), as well as in connection with the possibility of occurrence of construction and installation risks, damage or destruction of the Property is subject to insurance by the Developer.
In the event of an insured event, part of the insurance payment payable shall be transferred to Buildix Limited. These funds will be used by the Contractor to cover the Client's obligations to the micro-investors;
6.2. The Developer may provide evidence of the conclusion of a comprehensive construction and erection risks and liability insurance contract (copy of the insurance policy) indicating the data on the insurer and the amount of the sum insured;
6.3 An investment (loan) agreement shall be deemed signed between the Developer and the User if the authorized User has accepted the Offer presented by the Developer on the Buildix platform by taking actions to invest in the construction of the Real Estate Object.
7. Force Majeure.
7.1.Neither of the Parties shall be liable for full or partial non-fulfillment of obligations, if non-fulfillment is a consequence of such circumstances as flood, fire, earthquake and other natural phenomena, war, military actions, blockade, and other circumstances beyond control of the Parties and occurred after conclusion of the Contract, provided that the arisen circumstance is referred by the current legislation as force majeure circumstances;
7.2.The Party for which the impossibility to perform its obligations has arisen, is obliged to inform in writing the other Party on occurrence and on prospective term of action of the above circumstances within 5 (five) days from the moment of their occurrence, with indication of prospective term of the end of force majeure;
7.3.Each of the Parties has the right to unilaterally extrajudicially terminate the Agreement, by sending to the other Party the Notice on termination of the Agreement, at least 30 (thirty) calendar days before the date of termination (refusal from execution) of the Agreement.
Notification of termination of the Agreement on rendering services on the financial market, sent by the Company's User in the form of a Message through the Personal Office of the Buildix Mobile Application User. Notification of termination sent by the User to the Company in the form of a document on paper shall be signed by the User in his/her own hand and notarized at the same time.
The notice may be sent by activating the "Delete Account" option in the Buildix Mobile App, if technically possible.
Notification of termination of the Agreement may be sent by the Company:
1) In the form of a Message through the Remote Service channels.
2) In the form of an SMS-message to the Subscriber number of the User;
3) In the form of a document in hard copy delivered to the User or sent by courier service (express delivery service) or by registered mail with return receipt requested to the address - the User's registration address specified in the User Questionnaire, or any other place of User registration specified by the User in the Message sent to Buildix Limited (provided that the User attaches supporting documents).
If the Company sends a notice via Mobile Application, such notice shall be deemed to have been received by Users at the time the notice is sent.
8.Other terms and conditions:
8.1. This Agreement is signed electronically. The User has read all of its contents, agrees with it and has no comments.
8.2. All disputes under this Agreement shall be considered in the Arbitration Court of Moscow, and if it is not possible by virtue of law, then at the location of the Claimant;
8.3. The Parties have agreed that in the event of a conflict situation, they will make every effort to resolve it amicably;
8.4. Claims submitted in writing or by means of Mobile application, e-mail specified for each Party in the Agreement shall be considered within ten (10) working days;
8.5. All changes in this Agreement shall be made by signing additional agreements to this Agreement by the Parties.
9. Information on the Company and its location.
9.1. The full and abbreviated name of the Company:
Name - Buildix Limited.
9.2. The Company's address, e-mail address, contact phone number and the address of the Company's official website:
E-mail address: info@buildix.xyz; Address of the Buildix Limited official website: buildix.xyz
9.3 On the ways and address of sending appeals (complaints) to the Company:
An appeal (complaint) shall be sent to the Company in the form of:
· A document on paper, signed by the User in person in the presence of an employee of the Company and delivered to an employee of the Company, or signed by the recipient of financial services in person with a notary certification of this signature and sent by courier service (express delivery service) or prepaid registered mail with return receipt requested, or valuable mail with return receipt requested with the list of attachments at the address of the Company, or
· Message sent by the User using the Mobile Application (Mobile Application Chat).
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