Terms of Service
This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of A S Labs service or products. Be aware that this Agreement constitutes a legally binding agreement between you and A S Labs(referred to herein as "we"), a company owning and operating the website www.spherium.finance and the services provided accordingly (the "Service").
1. Grant of License
● We grant the User a non-exclusive, personal, non-transferable right to use the Service on his personal computer or other device that accesses the Internet in order to access and use the services available and described on the website subject to the terms and conditions contained herein.
● The Service is not for use by (i) minors and individuals under the age of 18 years, (ii) individuals who can be considered minors or under the age of majority adulthood in their specific jurisdiction(s) (iii) individuals accessing or using the Service from any jurisdiction in which it is illegal to do so. Spherium does not have the ability to verify the legality of the Service in every jurisdiction, therefore it is entirely up to the User to determine whether or not their use of the Service is lawful.
● A S Labs is the sole holder of all rights in and to the Service and code, technology, organization and structure, architecture, including copyright, trade secrets, intellectual property and other rights. You may not: (i) copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the website or the Service; or (ii) use the Service that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an "Unauthorized Use").
● A S Labs reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title, and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify us immediately upon becoming aware of the commission by any person of any Unauthorized Use and provide all reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
● The term "A S Labs", " A S Tech Labs", the domain names, and any other trademarks or service marks used as part of the Service (the "Trademarks"), are solely owned by A S Labs Pte. Ltd. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio, and text (the "Site Content") belongs to us and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without our prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of A S Labs.
2. No Warranties/Final Decisions
● A S Labs disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
● Regardless thereof, we provide no warranty that the service will be uninterrupted, timely or error-free, or that defects will be corrected.
● You agree to the rules of the Service provided and described on the website as well as with A S Labs retaining all authority over the issuing, maintenance, and closing of the Service. The decisions of the management, concerning any use of the Service, or dispute resolution, are final and shall not be open to review or appeal.
3. Representations and Warranties
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant, and agree that
● you are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Service from a jurisdiction in which it is legal to do so, (iv) you are not a Politically Exposed Person (PEP) nor are you on any U.S. or EU Sanctions lists or terrorism finance watchlists, and (v) that you will inform us immediately if you enter onto one of these lists or change your residence to a prohibited jurisdiction;
● your use of the Service is at your sole option, discretion and risk;
● you realize that digital asset values can fluctuate greatly in value depending on market conditions and that you shall hold A S Labs harmless for any loss or damages arising from such volatility;
● you are solely responsible for any applicable taxes which may be payable on digital assets traded or transacted by you through your using the Service;
● the telecommunications networks, blockchain networks, and Internet access services required for you to access and use the Service are entirely beyond the control of A S Labs and we shall have no liability whatsoever for any outages, slowness, capacity constraints, or other deficiencies affecting the same;
● should you discover a bug or error that may lead to an exploit of the Service or other loss of funds, you shall notify us in a timely manner. Furthermore, any attempt by you to use such a discovered exploit or bug for illicit financial gain is illegal and strictly prohibited under this Agreement;
● A S Labs reserves the right to prosecute to the fullest extent of the law anyone who exploits or attempts to exploit the Service in an unlawful manner.
4. Proper Use
● PERSONAL USE. The Service is intended solely for the User’s personal use. The User is only allowed to use the Service for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.
● EXPLOITS & BUGS. The Service is provided as-is, and any exploitation of the Service or errors in program logic and/or code (bugs) constitutes a Prohibited Use and a material breach of this Agreement. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of Spherium without limit.
● JURISDICTIONS. Persons located in or residents of the United States, North Korea, Iran, Venezuela, Yemen, Syria or any other jurisdiction in which it is prohibited to use the types of services of the same kind as the Service provided by A S Labs (the ”Prohibited Jurisdictions”) are not permitted to make use of the Service. For the avoidance of doubt, the foregoing restrictions on Service from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement.
● Any and all monies (including digital assets) of a person located in a Prohibited Jurisdiction on the Service are VOID and can be confiscated or may be returned to the person at A S Labs' sole discretion.
● Although we make no warranty as to the merit, legality, or juridical nature of any token (including whether or not it is considered a security or financial instrument under any applicable Securities Laws), we nonetheless understand the need of some token projects to require KYC/AML on their token sale participants. The use of KYC/AML tools on A S Labs by entities using the Service is completely at the discretion of said entities. Therefore, and at the sole behest of fundraising entities and/or competent regulatory authorities, A S Labs reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User as well as to restrict service and payment until identity is sufficiently determined. A S Labs further reserves the right to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end-user (you) agree to this by using the Service.
● A S Labs also reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.
5. Consequences of Breach of Terms of Service
● Without prejudice to any other rights, if a User breach in whole or in part any provision contained herein, A S Labs reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
● You agree to fully indemnify, defend and hold harmless A S Labs and its shareholders, directors, agents, and employees from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.
● Under no circumstances, including negligence, shall we be liable for any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if A S Labs had prior knowledge of the possibility of such damages.
6. Disputes
If a User wishes to make a complaint, please contact our customer service team at info@asotechlabs.com. Should any dispute not be resolved to your satisfaction you may pursue remedies in the governing law jurisdiction set forth below.
7. Governing Law
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Singapore. You irrevocably agree that subject as provided below, the courts of Singapore shall have exclusive jurisdiction in relation to any claim, dispute, or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of A S Labs to take proceedings against you in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
8. Miscellaneous
● We reserve the right to update or modify this Agreement or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Agreement upon posting. Therefore, we encourage you to check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement;
● If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof;
● A S Labs reserves the right to assign this Agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement;
● No waiver of any breach of any provision of this Agreement (including the failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement;
● Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not a party to this Agreement;
● Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and A S Labs;
● This Agreement constitutes the entire understanding and agreement between you and A S Labs regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and A S Labs.
Privacy Policy
This Privacy Policy describes how 'we' or 'asotechlabs.com“ will manage end user’s personal information which we collect as a result of your use of the website including any tablet or mobile phone applications that are owned and/or operated by us or whenever we otherwise interact with the Users. A S Labs is committed to ensuring that the personal information we collect about you is protected and is used, stored, and disclosed in accordance with the Privacy Act and this Privacy Policy.
Website Use
In using the website, you agree to be bound by the terms of this Privacy Policy. A S Labs may review the Privacy Policy periodically and reserves the right to change the Privacy Policy at any time at its discretion by posting such changes on the website. Changes will be effective immediately when posted on the website. The end users’ continued use of the website following posting will constitute your acceptance of those changes.
This Privacy Policy will not apply to websites that are linked to the website and over which we have no control.
Personal Information
The kinds of Personal Information that we may collect from you are the following:
● Name;
● Email address;
● Personally submitted preferences;
● Location data;
● IP address.
We will collect your Personal Information only by lawful and fair means and not in an intrusive way to operate its Service, and to provide you with the following information:
● If you wish to subscribe to the newsletter or other marketing communications;
● To update you on the technical progress of A S Labs' products;
● To provide services to you as a User;
● To identify you as a User for security purposes and to comply with our legal obligations;
● To maintain your User account;
● To upgrade and enhance your experience within the website or over the telephone, or to tailor or develop information, services, or products to suit your needs which may include market research and conducting promotions;
● To tell you about our products or services that we think may be of interest to you by communicating with you via email, SMS, or telephone;
● To create aggregate data about Users through demographic profiling, statistical analysis of the database to provide to potential and existing clients, and to allow for more efficient operation of A S Labs' business;
● To comply with our legal and statutory obligations incl. for taking appropriate action if we have reason to suspect that unlawful activity or misconduct of a serious nature has been, is being, or maybe engaged in that relates to our functions and activities;
● To establish, exercise, or defend any legal claims.
By becoming a User or otherwise choosing to provide us with Personal Information you consent to the collecting, using, and disclosing your Personal Information for the above purposes.
You may choose to deal with us on an anonymous basis or to use a pseudonym unless it is not practicable for us to deal with individuals whom we cannot identify or we are required by law to only deal with identified individuals. Also, if you do not provide us with the Personal Information we request, we may be unable to process your request to become a User, provide you with our services or respond to your enquiry or complaint.
Direct Marketing and Opting Out
Occasionally we may use your Personal Information to inform you about our new products or services or about promotional activities which we believe may be of interest or of benefit to you. We may do this via email, SMS, telephone, or mail. If you no longer wish to receive marketing or promotional material at all or in any particular form, you may contact us at any time by email.
From time to time we may contact you in relation to the management and administration of your account. These communications can be via any of the modes of contact recorded when registering as a User. Such communication does not affect your opt-in or opt-out status for direct marketing communications.
Protection and Management of your Personal Information
We take all reasonable steps to ensure that the Personal Information which we collect, use or disclose is correct and is stored in a secure environment that is accessed only by authorized persons.
We will further destroy or permanently anonymize the Personal Information we hold when it is no longer required for any purpose permitted under the APPs including our legal or operational obligations.
You and we acknowledge that no data transmission over the Internet is totally secure. Accordingly, we do not warrant the security of any information which you transmit to it. Any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to protect your Personal Information from misuse, loss and unauthorized access, modification and disclosure including by using password-protected systems and databases and Secure Socket Layer (SSL) technology.
Our employees, agents, and contractors are required to maintain the confidentiality of Users’ Personal Information and trading behavior.
Information posted on bulletin boards or communicated within a social media environment (for example, LinkedIn, Facebook, Twitter, Medium) becomes public information; subsequently, we cannot guarantee the security of this type of disclosed information.
We take seriously the responsibility to exclude children from access to our services. We will not accept their information for the purposes of accessing or using the Service. It is however, ultimately the responsibility of parents or guardians to monitor their children’s Internet activities including where appropriate by using Internet screening software.
Remember to always log out of your account when you have completed your time on the website. This is particularly important if you share a computer with another person. You are responsible for the security of and access to your own computer, mobile device, or any other handset used to access the website.
Ultimately, you are solely responsible for maintaining the secrecy of your username, password, and any account information. Please be careful whenever using the Internet and our website.
Access to Personal Information
You may access the Personal Information collected by A S Labs by contacting us; we will give you access to your Personal Information in the manner requested if that is possible and within a reasonable period. If we refuse your request or cannot give you access in the manner you have requested, we will do what we can to meet your requirements by other means. We may not be required to give you access to your Personal Information in certain circumstances which are set out in the Terms of Service/Use including where it may have an unreasonable impact on other individuals' privacy. If we refuse access for such reasons, we will advise you in writing of the refusal and our reasons and the complaint mechanisms available to you.
If you have any queries, requests for access or correction, or complaints relating to the handling of your personal information, please contact us by email.
Use of Website
By using the www.asotechlabs.com website, you agree to the collecting and processing your Personal Information on the basis explained in this Privacy Policy.
Updates to this Privacy Policy
We may review, change and update this Privacy Policy to reflect our current practices and obligations. We will publish our current Privacy Policy on our website and the changes will take effect at the time of publishing. You should review this privacy policy regularly and remain familiar with its terms.