“Company”, “Issuing Company”, “Issuer” means the company Ouinex SA (see chapter “Legal notices”).
“Platform” www.ouinex.com, designates the present platform which hosts the ICO to which these general conditions of use are subject.
“Investor” or “ Subscriber” means a natural or legal person making contributions to a project.
“Data Subjects” means the persons affected by these Terms and Conditions. See chapter “Persons concerned”.
“AMF” refers to the Autorité des Marchés Financiers: www.amf.org
“White Paper”: refers to the document presenting the project. The white paper terminology is used in the context of a document that has not obtained a VISA from the AMF.
“Information Document” means a white paper that has obtained VISA from the AMF. The information document must meet the requirements of the AMF’s DOC-2019-06.
“Blockchain “ means a technology for storing and transmitting information without a control body. Technically, it is a distributed database whose information sent by users and internal links to the database are checked and grouped at regular time intervals into blocks, the whole being secured by cryptography, and thus forming a blockchain. By extension, a blockchain is a distributed database that
maintains a list of records protected against tampering or modification by storage nodes. A blockchain is therefore a distributed and secure register of all the transactions carried out since the start of the distributed system. For our website, the Blockchain used is the Binance Smart Chain.
“Token” refers to the counterparties transmitted to subscribers in exchange for their contributions. A token is defined by Article L. 552-2 of the Monetary and Financial Code as an ” intangible asset representing, in digital form, one or more rights, which may be issued, registered, stored or transferred by means of a device of ‘shared electronic record allowing the identification, directly or indirectly, of the owner of said property ‘.
“ICO” or Initial Coin Offering, refers to the first issue of tokens issued by the issuing company.
“Mining Fees” means the fees for carrying out transactions on the blockchain. These fees are paid to the miner validating the transaction on the Blockchain.
“Smart contract” means an irrevocable computer program, deployed on a blockchain, which executes a set of predefined instructions.
A public offering of tokens (Initial Coin Offering or ICO) is a fundraising operation by which an issuing company in need of financing issues tokens, also called “tokens”, to which investors subscribe mainly with crypto-currencies. These tokens may allow them to access, in the future, products or services of this issuing company.
An ICO is an alternative source of financing carried out via blockchain computer technology, which can be compared to crowdfunding and venture capital because it often concerns companies that are still underdeveloped.
The AMF points out that investing in a public offering of tokens involves the risk of partial or total loss of the capital invested. No guarantee is given as to the liquidity of the tokens during the offer, the effective existence of a secondary market allowing these tokens to be exchanged, nor even their value in currency (Euro, Dollar, etc.).
Some token offerings to the public may carry the AMF visa. This visa is an optional label that an issuing company may or may not request. Companies wishing to obtain a visa must establish an information document containing information on the issuer and on the token offer. The visa then indicates that the AMF has verified that the information document for this offer is complete and understandable for investors. The white list of token offers bearing the AMF ‘s visa is available by clicking here.
- The visa relates to an offer of tokens, the duration of which cannot exceed 6 months, but does not relate to the company issuing these tokens,
- Issuance of the visa does not constitute an incentive to participate in the token offering,
- The AMF does not carry out any verification of the computer programs associated with this offer,
- The AMF also does not check the information that may be sent to investors after the token offering
If an offer of tokens no longer complies with the information document, the AMF may withdraw the visa. Also, the blacklist of token public offerings is available here. This list also includes the offers of issuing companies which, after having requested or not the approval of the AMF, distribute inaccurate or misleading information concerning this approval.
The purchase of tokens within the framework of an ICO is carried out according to the methods fixed by this document.
A token can give investors certain rights such as access to the issuing company‘s products or services.
Once purchased, the tokens can, if necessary, be traded on a secondary market.
Before you get started, read the information document carefully. Find out about the development prospects of the issuing company and check that its project meets your expectations. Be aware that the ability to complete a token swap on the secondary market is not guaranteed and the value of the tokens may fluctuate. If you want to invest in this type of offer, give preference to those that have received AMF approval.
If the issuing company has not taken the steps to obtain the AMF visa, it may not provide an information document. Ask her directly to find out how to buy tokens.
Finally, note that while all issuing companies can advertise their offer to the public of tokens, only those that have obtained the AMF‘s visa have the right to canvass you (see chapter “Persons concerned – Project holder – VISA optional of the AMF”)
The white paper drawn up by the issuing company engages the responsibility of its signatories. The white paper should be clear, transparent and not misleading. The publication of the project on the website does not imply either approval of the issuer’s project opportunity or authentication of the financial, accounting and technical elements presented.
ACCEPTANCE OF TERMS AND CONDITIONS
Apart from simple visitors, the persons concerned undertake to have read and accepted these general conditions before any use of the services or services offered by the company as well as, for investors, before any contribution to the project published on the Platform.
MODIFICATION OF THE GENERAL CONDITIONS
The company reserves the right to unilaterally modify these terms and conditions, at its sole discretion, at any time and without notice.
Any changes take effect immediately upon posting. If these changes are significant, the company will notify the persons concerned as soon as possible. In the absence of agreement with these modifications, the persons concerned will no longer be able to use the services. Failing this, the modifications made to the general conditions will be deemed accepted from the moment the persons concerned continue to use the services after publication of the said changes.
|Name of Corporation||Ouinex SA|
|Head Quarters||18 avenue du Ponant, 92390 Villeneuve La Garenne|
|Code APE||6499Z (portail Internet)|
|Intra-Community VAT Number||FR18911669828|
|Date of Registration||March 23rd, 2022|
|Share Capital||47 059 Euros|
|Legal Framework||Limited Liability Company|
|SHAREHOLDERS||Number of Shares||Percentage of Capital|
|Christophe Le Chevallier||3.280||6,97|
|The Majmin Administrations OU||3.280||6,97|
The official language of the Platform is French.
These general conditions are written in French. Any translation of these general conditions in a language other than French is given for information purposes only. In case of contradiction between the French version and a version translated into a foreign language, only the French version will be binding.
The Platform is accessible 7 days a week and 24 hours a day, except for maintenance operations or unavailability of the networks due to a cause not attributable to the company.
The company implements its best efforts to maintain the availability of its services. However, in the event of unavailability of the Platform, no compensation may be demanded.
Access to the services is also conditioned by the proper functioning of the internet browser, and the operating system of the persons concerned. It is therefore the responsibility of the persons concerned to ensure that the software used is properly updated.
JURISDICTION IN CASE OF DISPUTE
This chapter applies in the event of a dispute or claim with the company.
In the event of a dispute relating to the validity, formation, execution or interpretation of these general terms and conditions, only the Commercial Court of Marseille will have jurisdiction, notwithstanding the plurality of parties to the dispute and notwithstanding any connection or lis pendens.
In the event of a dispute, the person concerned is required to first contact the company to try to find an amicable solution.
All complaints relating to the services, or the execution of the general conditions must be addressed to the customer service of the company and accompanied by the supporting documents, at the following coordinates:
By registered letter with acknowledgment of receipt to the following address: www.ouinex.com, 18 avenue du Ponant, 92390, Villeneuve La Garenne or by email: email@example.com.
Any complaint must be addressed within 30 (thirty) days after the date of the fact to which it relates. No complaint can be considered after this period.
Pursuant to Article L612-1 and L616-2 of the Consumer Code resulting from Ordinance No. 2015-1300 of August 20, 2015, relating to the extrajudicial settlement of consumer disputes, the persons concerned may have free recourse to a mediator. of consumption with a view to the amicable resolution of any dispute in the context of the execution of these general conditions by contacting the AMF mediator by filling out a form on the site: www.amf-france.org
The persons concerned have the possibility, at their own expense, of being represented by a lawyer or of being assisted by any person of their choice.
PERSONS CONCERNED: RESTRICTIONS
The following people are not allowed to subscribe to an ICO. By validating these general conditions of use, the user of this Platform certifies that they are not part of this list.
- US residents or any natural or legal person subject to US law (“US Person” within the meaning of the regulations).
- Minors ;
- Politically Exposed Individuals (PEPs).
- Natural or legal persons of nationality of a State or territory appearing on the lists published by the Financial Action Task Force among those whose legislation or practices obstruct the
fight against money laundering and the financing of terrorism or by the European Commission pursuant to Article 9 of Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing;
- Persons subject to sanction(s) and/or wanted.
GENERIC CONDITIONS TO ALL INVESTORS
In the chapter “Project holder – Uses of subscribers’ KYC/AML data”, the issuing company undertakes to keep its data for at least 5 years after the end of the ICO. The issuing company undertakes not to transmit this data to a third party (excluding banking organisations) and not to use this data for canvassing purposes.
The purchase, ownership, receipt or possession of tokens from the issuing company does not give investors any right, express or implied, other than that of using the tokens allowing it privileged use and access to the services offered by the issuing company.
The buyer of tokens understands, acknowledges and accepts the fact that the purchase of tokens from the issuing company does not give the right to ownership of securities, shares or participation in the capital of the issuing company, nor does it confers the right to shareholder or associate status, profit sharing, participation in ordinary or extraordinary general meetings, or any other equivalent right, nor any right to receive intellectual property rights or other forms of participation in the issuing company and/or its subsidiaries.
Holders of issuing company tokens are responsible for their use of them. The payment, purchase or sale of tokens engages their responsibility.
The company declines all responsibility if the tokens are used for the purchase or sale of products prohibited by law.
All mining fees for transactions carried out by the subscriber are the responsibility of the subscriber:
- Recovery of tokens if the ICO is successfully completed (ICO completed and minimum soft cap reached).
At any time, all subscribers can consult their dashboard in which they can:
- Consult all the transactions carried out.
- View the status of the ICO they have contributed to.
- Retrieve the reserved tokens when the ICO is successfully completed.
OPTIONAL AMF VISA
As stated in Article L. 552-3 of the Monetary and Financial Code and Article 711-2 of the AMF General Regulations , an offer open to subscription by less than 150 persons acting on their own account does not constitute not a public offering of tokens . The offer of tokens addressed to less than 150 people is therefore simply not eligible for the optional visa of the AMF.
The approval of the AMF on a public offering of tokens (ie in the case where it is open to subscription by more than 150 people) is optional and that article L. 341-10, 6° of the code monetary and financial provides that digital assets cannot be the subject of canvassing, except when the canvassing activity
relates to tokens offered as part of a public offering that has obtained the visa of the AMF.
In accordance with Article L. 341-1, 8° of the Monetary and Financial Code, a banking or financial canvassing act consists of ” any unsolicited contact, by any means whatsoever, with a natural person or specific legal person, with a view to obtaining, on its part, an agreement “on the realization of a transaction on digital assets, in particular within the framework of a public offer of tokens.
In addition, under the terms of Article L. 222-16-1, b) of the Consumer Code, ” advertising, direct or indirect, disseminated by electronic means whose purpose is to invite a person, by means of a response or contact form, to request or provide additional information, or to establish a relationship with the advertiser, in order to obtain their agreement to carry out an operation relating to a public offering of tokens, is also prohibited ” unless the advertiser has obtained AMF approval for this offer.
Similarly, Article L. 222-16-2, 3° of the Consumer Code prohibits any sponsorship or patronage operation when its purpose or effect is advertising, direct or indirect , in favor of an offer to the public of tokens, unless the sponsor or patron has obtained the visa of the AMF.
LISTING OF TOKENS ON AN EXCHANGE
The issuing company is free to choose the exchange of its choice to list its tokens listed, and preferably an exchange registered with the AMF as a service provider on digital assets
(PSAN) N°E2021-012 .
We invite you to consult the list of PSANs registered with the AMF.
However, we recommend that you carefully read the general conditions of use of the exchanges. The company declines all responsibility in the event of misuse, technical faults or piracy of these.
Provided that the tokens are listed, subscribers may convert the acquired tokens with other tokens, crypto-currencies or against a legal tender currency listed on the exchange platform.
We draw the attention of subscribers to the fact that the liquidity of tokens on exchange platforms remains hypothetical. The exchange value will depend on supply and demand.
PUBLIC KEY AND PRIVATE KEY
Investors must register a single crypto wallet address. This unique crypto wallet address is, in fact, linked to the corresponding user account and allows transactions to be carried out on the ICO smart contract.
Each transaction is then validated by the private key that only the investor has.
The company does not own the private keys of its users. It is therefore the responsibility of the users to keep the private key of the registered crypto wallet address. In the event of loss of the private key, the company will not be able to help the user find it and in fact all transactions will be impossible on the Platform, including, where applicable, refunds, recovery of tokens.
The transfer of tokens in thecase of asuccessful ICO are only made on the samecrypto wallet address as the one used for contributions. It is therefore the responsibility of the subscriber to keep his private key, otherwise the tokens transferred would be definitively blocked without any means of being able to recover them.
For more details on the data collected and recorded by the company for each of the data subjects, please consult the “data subjects” chapters.
Attached is a summary table of all data collected, stored and recorded.
|Data Collected||On servers||External Disk||KYC/AML Partner|
|Crypto Wallet Address||✓||✓||✗|
|Proof Of Residence||✗||✓||✗|
|Certificate Of Incorporation||✗||✓||✗|
The recorded data is used by the Company only for the use of its services or to meet regulatory requirements related to the fight against money laundering and the financing of terrorism, in no case is this data used for commercial or prospecting purposes.
Identity data is kept by SYNAPS, which carries out the checks. Each KYC/AML check is the subject of a PDF report that the company keeps under article 561-12 of the monetary and financial code.
Data is kept for 5 years after request closure of the account if applicable.
At any time, the persons concerned may request the closure of their account and the deletion of their data by registered letter with acknowledgment of receipt or directly by email. The date of consideration of the request will then be the date of receipt of the mail. The effective date of data deletion will take effect after the retention period.
If you have an account on our site, you can request to receive an export file containing personal data about you, including any data you have provided to us. This does not include data that we are required tokeepforadministrative, legal or security reasons. To exerciseyour rights, you can do so by contacting
us via email at firstname.lastname@example.org.
The website is accessible only in https, encrypted with SSL technology. The data is stored in a database protected by a strong username and password. Backups are made daily on a storage protected by a strong username and password.
Cookies containing anonymous data are stored to obtain Google Analytics statistics on visits to our website. To find out more, click on the Google Analytics logo and Tag manager.
Ouinex has carried out a review of the risks that may potentially have unfavorable effect on its business activity, its project and the tokens that it plans to issue. These risks have been categorized based on their nature.
Risk of a partial or total loss of investment Despite the efforts made by Ouinex to generate interest in the OUIX token, its price is constantly fluctuating and could drop significantly. Should this occur, subscribers could lose all or part of the investment made. Subscribers should not subscribe to OUIX
tokens if they are unable to bear the consequences of such a loss.
Currency risk In the event the OUIX tokens are traded on digital assets exchange markets, the value of the OUIX in euros or other fiat currencies will directly depend on the supply and demand of OUIX at a given time. Should the interest in the services associated with the OUIX decline, the price of the OUIX in euros – and by extension in any other currency – could significantly decrease. During this entire period, the rate of these crypto assets in euros – and by extension in any other currency – could fall significantly thereby exposing subscribers to the risk of fluctuation without being able to request reimbursement of their crypto assets.
Risk associated with the valuation of tokens The value of the OUIX token depends on supply and demand, which itself depends on the level of adoption of the “OUINEX” interface. It is understood that the adoption of such an interface measures the quantity of the value exchanged on the interface by its
users. Therefore, the lack of adoption of this interface could have a negative impact on the valuation of the OUIX. In addition, if the Issuer is placed under court-ordered reorganisation, liquidation or is wound up, the OUIX tokens could lose their entire value.
Risk of lack of liquidity of tokens To date, the OUIX cannot be exchanged on a trading or digital assets exchange platform, therefore the liquidity risk applies. Furthermore, if the OUIX tokens are listed on this type of platform, the ability to sell a large amount of OUIX tokens within a short space of time will depend on the liquidity available on the secondary markets for the OUIX token. However, should the interest in the services associated with the OUIX decline, the liquidity, volumes or exchange value for other digital assets or legal tender could be negatively impacted.
Risk of errors or security breaches enabling the hacking or theft of the Issuer’s data The smart contracts used in connection with the offering have all been audited and no known vulnerabilities have been detected. The Issuer has taken all reasonable steps in terms of cybersecurity to protect against the various known attacks. However, the Issuer disclaims all liability for any malfunctions or unexpected operations related to the Binance Smart Chain blockchain, loss of tokens by the buyer, hacking or any other situation that prevents the buyer from having access to its tokens.
Risk of loss or theft of the medium containing the subscriber’s private key A private key is similar to a unique password and is used to validate requests for transfers of one or more tokens on the Binance Smart Chain blockchain. Any third party who accesses the subscriber’s private key or the private key management system (called the “wallet”) can steal the funds and the tokens that are stored there. In the event of loss of the private key, the funds and tokens held will be permanently lost. The Issuer does not have the subscribers’ private keys and a private key should not be disclosed to any third party. Therefore, subscribers are responsible for keeping their private keys in a secure location. Subscribers are encouraged to use open source, recognized and audited wallets to securely manage their private keys.
Risks related to the functional scope of the Binance Smart Chain Contracts In principle, the computer code of a contract deployed on a blockchain cannot be changed. However, it may be necessary during the life cycle of a contract to change its functional scope. This includes the addition of features or security patches (e.g. a security shortcoming which was not detected during the audit work which would require modification of the Binance Smart Chain contract code to be corrected).
If the functional scope of the contract has to be changed, a new version of the contract could be introduced. This possibility of updating reduces the functional limits inherent to the immutable nature of a blockchain contract. Any update of the Binance Smart Chain contract will be subject to a security audit.
Risk of fraud on the Internet and spoofing There is a risk that malicious parties may try to defraud the subscribers via social media accounts which use the Issuer’s visual identity. Therefore, subscribers shall only use the Issuer’s official communication network, whose website is www.ouinex.com.
Risks regarding the hacking of non-blockchain applications The term “non-blockchain” (or “off chain”) applications refers to applications other than those deployed on the Binance Smart Chain blockchain. For operational purposes, this offering requires the use of blockchain applications and nonblockchain applications (e.g. the web server that hosts the subscription page for the offering). Should a hacker manage to trap the subscription page without the knowledge of the Issuer and the subscribers, the crypto asset funds initially intended for the OUIX subscription could be diverted to one or more Binance Smart Chain addresses controlled by the hacker, resulting in the irreversible loss of the subscriber’s crypto assets. To avoid any such risk, the Issuer has implemented the security measures. However, any successful attack represents a risk that OUIX token subscribers may partially or totally lose their funds.
RISKS ASSOCIATED WITH THE PROJECT
Risk of failure in the launch or the technical and operational development of the project The technological risk associated with the development of the interface seems low. However, the subscriber shall consider the risk that there is a difficulty in generating interest in the interface even though it is functional.
Risk of a substantial modification of the project and the rights related to the tokens The Issuer does not plan to change the features associated with the use of the OUIX token via the interface in the short term future. However, this possibility has not been ruled out.
Risk related to the absence of regular communication from the Issuer about its project or any event which may affect the project As of the launch of the “OUINEX”, the Issuer shall maintain a regular flow of communication with the holders of OUIX tokens, via multiple communication channels (e.g. newsletter, Twitter). The risk associated with the absence of regular communication from the Issuer about the project or any event which may have an impact on the project is considered low.
Risks related to a lack of visibility on the regulations applicable to the token offering in all the jurisdictions in which the tokens will be offered as well as the taxation applicable to token subscribers The taxation and accounting rules pertaining to the offering, sale or donation of OUIX tokens are governed by French law in force on the date of this document. No assurance can be given as to the consequences of any judicial or administrative decision or any amendment to the French legislation subsequent to the date of this document. Such a decision or amendment could have a negative impact for both the subscribers and the value of the OUIX tokens. Furthermore, the Issuer disclaims any liability in relation to the adoption of a European Union text harmonising the legal status of digital assets and which could have an impact on the current status of the OUIX tokens and the rights related thereto. Without being considered as contractual advice, it is recommended that all buyers seek legal and tax advice in order to be informed of the implications of buying OUIX tokens or concerning their exchange with other digital assets or legal tender especially as regards their nationality and place of residence.
Risk related to the use of the tokens Holders of OUIX tokens are responsible for their use. They shall also be responsible for the payment, purchase or sale of the tokens. The Issuer disclaims any liability should the tokens be used for the purchase, or the sale of products prohibited by law.
CHARACTERISTICS OF A TOKEN OFFER
|Blockchain||Binance Smart Chain|
|Accepted methods of payment||Crypto|
|Maximum supply||2,000,000,000 OUIX|
The ICO takes place in 3 distinct periods. Each period includes:
- A start date: This is the date on which the period begins.
- An end date: This is the date on which the period ends (unless the hard cap is reached before)
- A soft cap: Minimum amount of capital to be collected in order to deem the project viable. In this case the soft cap is equal to zero dollars.
- A hard cap: This is the maximum capital for authorized contributions.
- A discount: This is the difference between the price at which the token is bought and the minimum price at which the token will be listed at TGE.
THE OUIX TOKEN
Nom : OUIX
Decimals : 18
Standard : BEP20
Blockchain : Binance Smart Chain
The decimals mean that the OUIX token can be divided up to 18 digits after the dot.
CHARACTERISTICS OF THE OFFERING
This public offering relates to the OUIX utility token.
The Issuer, all its partners and in general all subscribers to the offering shall be entitled to the same conditions of subscription as outlined below:
Number of tokens already issued: 0 OUIX
Digital asset accepted: USDT, BTC, ETH
Other accepted methods of payments: SEPA transfe, Paypal and payment by bank card
Exchange parity of 1 OUIX: The exchange parity will be disclosed to the subscriber before any subscription.
Minimum subscription: USD 100 (seed), USD 1,000 (Private sale) USD 100 (Public sale)
Soft cap: None
Hard cap – Seed: $4.000.000
Hard cap – Private Sale: $2.000.000
Hard cap – Public Sale: $2.000.000
TERMS OF SUBSCRIPTON TO THE TOKEN
Subscription to the offering is accessible on the page https://ico.ouinex.com/.
To subscribe to the OUIX initial token offering, subscribers must meet the following conditions:
Possess a Binance Smart Chain wallet.
The Binance Smart Chain wallet contains the public address used to receive the subscribed OUIX and the private key needed to sign transactions on the Binance Smart Chain blockchain. When subscribing to the offering, if subscribers do not already have a Binance Smart Chain wallet, they will be invited to create one. The subscriber has complete discretion as to the method used to create a Binance Smart Chain wallet and may decide not to opt for the method proposed by the Issuer.
Hold USDT, BTC, ETH or BNB in their wallet.
USDT, BTC, ETH tokens are the only types of digital assets accepted for subscribing to OUIX tokens. When subscribing to the offering, if subscribers do not already have USDT, BTC, ETH tokens, they will be invited to obtain such tokens. The subscriber has complete discretion as to the method used to acquire said tokens and may decide not to opt for the method proposed by the Issuer. Moreover, if the subscriber prefers to subscribe via other means, the subscriber will also be given the option to subscribe via a SEPA payment, Paypal or a bankcard payment.
Validate the identification process
The prerequisite for taking part in the offering is validating each of the steps of the identification process corresponding to the investor profile as outlined in Section “8- Knowledge of subscribers, anti-money laundering and security systems put in place” of this Information Document. When subscribing to the offering, subscribers will be provided with a user path for assistance in the identification process. Following the validation of the identification steps and if subscribers meet the eligibility criteria for taking part in the offering, then they will be able to exchange the USDT, BTC, ETH tokens for OUIX tokens or to make a SEPA transfer, Paypal or a payment by bank card.
TECHNICAL PROCEDURE FOR ISSUING THE TOKEN
The IT architecture underlying this initial token offering is based on the Binance Smart Chain blockchain used to deploy the automated computer programs (contracts) required to ensure smooth running of the offering.
The computer code of contracts relating to the issuing of the OUIX tokens will be audited by the third party company.
NO REFUND TO SUBSCRIBERS
Since there is no soft cap, no request for refund of the USDT, BTC, ETH tokens transmitted (or the amounts paid via SEPA transfer, Paypal or bankcard) will be granted.
|Public Sale (up to)||4.4%|
|Key Partners & Advisors||5.0%|
|Liquidity & Exchanges||10.1%|
|Rewards Marketing & Products||30.0%|
* It should be noted that the OUIX tokens granted to the team, as well as their advisors shall be vested at the path of 1/59th per month (therefore release of all the granted OUIX tokens will occur after expiry of a period of (5 years).
|Public Sale (up to)||5||2|
|Key Partners & Advisors||12||8|
|Liquidity & Exchanges||35||0|
|Rewards Marketing & Products||35||0|
OUIX TOKEN SALE
|Rounds||Authorized investors||Hard cap||Price||Discount||Vesting
|Private Sale||Priviledged retail
|Public Sale||Public||$2.000.000||$0.0225||0%||Up to 5||Up to 2|
* The Issuer shall be entitled to extend each subscription period or to close them early if the relevant tranche has been subscribed before the closing date of such subscription period. Moreover, the Issuer may, at its discretion, waive one or more of the rounds. In addition, the Issuer shall be fully entitled to increase the hard cap (i.e. the target amounts) for each of the tranches, as well as change the token price before its listing on exchanges in order to better adapt to market conditions and ensure the success of the project. In the event the price is altered before the token listing, the issuer must maintain the discount level at which the subscribers invested. Lastly, once the offerings are closed, the Issuer does not rule out the possibility of making new Initial Token Offerings. In which case, the details of the new offering(s) shall be disclosed on the Issuer’s website. The result of the offering shall be published on the Ouinex website no later than thirty working days as from the closing of the offering. This publication shall specify the amount of the subscriptions on the day of closing of the offering.
FINAL ADDRESS OF THE SMART CONTRACT
At any time, everyone can consult the transactions carried out on the smart contract such as the number of tokens issued (total supply), the crypto wallet addresses that own the tokens (holders), transfers from one address to another other, etc
The address and link of the token smart contract will be published on the Platform once the smart contract is created.
EDITABLE PARAMETERS POST PUBLICATION ON THE BLOCKCHAIN
The computer code of the smart contracts and the parameters published on the blockchain cannot be modified until the ICO is completed. Only the following settings and actions can be changed during the term of the ICO , and these following changes / operations can be carried out only by the company :
- The maximum number of investors allowed during the ICO ;
- The course in Euro of the cryptocurrency used for the collection;
- Pausing contributions, releasing tokens, or redeeming investors .
TECHNICAL IMPLEMENTATION OF AML/KYC PROCEDURES
In the case of remote controls, the company entrusts the implementation of certain vigilance measures to external service providers.
The issuing company nevertheless remains responsible for compliance with its obligations.
All the checks carried out are analysed individually by one of the representatives of the company and of the issuing company. If no suspicion is detected, the role Angel, Angel premium or Angel premium pro is assigned to the subscriber. In fact, his Ethereum address will allow him to make subscriptions within the limits of the amounts authorized by the regulations.
In order to allow efficient and secure implementation of KYC and AML control procedures for projects, the company has entered into a partnership with WESTART, a simplified joint-stock company with a capital of 1,130 euros, whose head office is located at 13 rue René Cassin – 69740 GENAS, registered with the RCS of LYON under number 838 604 734 and represented by its President Mr. Florian LE GOFF, offering a computer programming service called SYNAPS.
The KYC/AML provider provides the company with the technology and services needed to identify and verify subscribers remotely. These operations are carried out using modules integrated into the website via the Synaps solution.
As part of the KYC and AML control, the identity data transmitted by the subscribers will be kept by the KYC/AML service provider for a period of five (5) years from the closing of the subscriber ‘s account.
Sanctions, PEP (Politically Exposed Persons) and FATF (Financial Action Task Force) bases are checked daily.
DESCRIPTION OF KYC AND AML MECANISMS
This TRACFIN declarant of the company is Ilies Larbi.
The company has set up an internal procedure to fight against money laundering and the financing of terrorism. A control protocol for this procedure will be applied to verify compliance with its application throughout the duration of the ICO.
The objective of the risk classification is to determine the risk profile of each subscriber and the level of due diligence measures to be applied.
Three levels of money laundering and terrorist financing risks are considered by the company.
The objective of the controls and vigilance measures carried out is to remove the risk of LCB-FT suspicion even before the subscriber can make the slightest subscription. Vigilance checks and measures therefore apply according to the formula that the subscriber wishes to acquire.
|OUINEX Beginner||OUINEX Standard||OUINEX Pro|
|Controls done by the platform||Controls Made on the Platform + Conventional vigilance measures (art. L.561-5 and L. 561-6 CMF) and additional||Controls Made on the Platform + Vigilance measures Classic, complementary and reinforced (art. L. 561-10-1) CMF|
|Last name, First name and email||OUINEX Beginner + 1 piece of Valid ID||OUINEX Standard + proof of funds for deposits greater than 10.000€|
|Maximum Investment 10.000 Euros||No Maximum Investment|
|Physical or Moral persons||Physical or Moral persons||Physical or Moral persons|
The Company entrusts certain external providers with its KYC AML procedures. Below are how the tasks are split:
|ID Check – Remotely||X|
|ID Check – On Site||X|
|Source of Funds||X|
|Thomson Reuters World-check||X|
|Sanctions List & PPE check||X|
|IP address check||X|
|Reception of first payment by bank card||X|
|Source of Crypto||X|
DESCRIPTION OF CYBER-SECURITY AND DETECTION OF TECHNICAL FAILURES
The Platform ‘s IT architecture is based on two network layers:
- The web network on which our platform is developed (also called web 2);
- The Ethereum blockchain network on which smart contracts and transactions of tokens and crypto-assets are carried out in a secure way (also called web 3).
The Platform has an SSL certificate and operates only in HTTPS.
No sensitive data is stored on the company ‘s servers .
The results of subscribers ‘ KYC/AML checks are kept on the SYNAPS site.
Tokens and crypto-currencies as well as all transactions are stored in the blockchain . The blockchain is backed up for life by all the nodes that make up the network. Transaction history is tamper-proof.
On the Platform , the systems put in place are:
- Protection against DDoS attacks;
- Daily backups of the database on a second server;
- Email alert if the site is down;
- Security software installed and updated;
- Detection and blocking in the event of an attempt to modify the Binance address of an ICO smart contract ;
- Logging of all events related to the blockchain or users;
- Weekly system updates.
It is important to specify that in the event of a shutdown of the Platform, the operation of the blockchain, smart contracts and the use of tokens will remain functional. No disruption of the blockchain can be caused by the platform and vice versa. The two networks are independent and the malfunction of one cannot affect the other.
TAX REGIME IN FRANCE RELATED TO TOKEN PURCHASES IN FRANCE
On September 2, 2019, the Tax Administration updated the Official Bulletin of Public Finances (BOFIP), indicating the creation of a specific tax regime applicable to the disposals of digital assets carried out on an occasional basis, directly or indirectly by persons physical domiciled in France for tax purposes within the meaning of article 4B of the CGI (general tax code) (law n° 2018-1317 of December 28, 2018, of finances 2019, art. 41)
Article 41 of this law provides an appropriate framework for the taxation (income tax and social security contributions) of gains made on an occasional basis, from 1 January 2019, by individuals on the sale digital assets or rights relating thereto, codified in article 150 VH bis of the CGI . This regime concerns the tokens mentioned in article L552-2 of the CMF (monetary and financial code), excluding those meeting the characteristics of the financial instruments mentioned in article L211-1 of the CMF and the cash certificates mentioned in article L223-1 of the CMF.
Considering the frequency of exchanges likely to occur between digital assets, the latter do not constitute a taxable event at the time of their realization. Indeed, this triggering event occurs upon recognition of any overall annual capital gain realized in respect of the sale of digital assets against legal tender or against the obtaining of any service, good or advantage. This overall capital gain will therefore only be declared and taxed the year following that of its realization.
This overall capital gain is determined by adding together the capital gains and losses recorded on all the disposals of digital assets made during the tax year.
These capital gains or losses are equal to the difference between, on the one hand, the sale price and, on the other hand, the product of the total acquisition price of the entire portfolio of digital assets by the quotient of the sale price on the overall value of this portfolio. In addition, this new regime establishes an exemption threshold for persons carrying out disposals of digital assets whose sum of prices does not exceed €305 during a tax year.
The declarative methods are also simplified, the persons liable for the annual declaration provided for in article 170 of the CGI the total amount of the capital gain or loss realized in respect of the taxable transfers of the year. They attach to this declaration an appendix on which they mention and evaluate all the capital gains or losses realized when each of the taxable transfers carried out during the year or the prices of each of the transfers exempted in application of the B of II of article 150 VH bis of the CGI.
Finally, under this new regime, earnings are taxed at an overall rate of 30% (12.8% for income tax and 17.2% for social security contributions).
More synthetically, are taxable transactions:
- The counterpart of legal tender currency;
- The exchange of a good other than a digital asset;
- The cash exchange of a digital asset;
- The consideration for a service.
According to the Tax Administration, the criteria for the usual or occasional exercise of the activity result from the examination, on a case-by-case basis, of the factual circumstances in which the purchase and resale transactions are carried out. More concretely, the following criteria will be taken into consideration:
- The number of operations;
- The frequency of operations;
But above all, the importance of the income generated by the sales regarding your usual income.
It should be noted that natural person subscribers who, under the conditions referred to above, carry out usual operations on crypto-currencies are subject to income tax in the category of industrial and commercial profits.
Thus, the taxable income will be determined by adding up all the income and expenses for the financial year and will be subject to the income tax scale, the marginal rate of which is 45%. This income will also be subject to social security contributions at the rate of 17.2%.
It should be specified that in the event of a turnover of less than €70,000, the so-called “micro-BIC” regime could be applicable, allowing a reduction of 50% to be charged on this turnover. Deemed to consider all expenses incurred for the exercise of the activity.
Individuals, associations, companies not having the commercial form, domiciled or established in France, are required to declare, at the same time as their declaration of income or results, the references of the accounts of crypto assets opened, held, used or closed with companies, legal persons, institutions or organizations established abroad.
Thus, even if you have not withdrawn any gains in cryptocurrency during the year, you will be required to declare all your accounts opened abroad. This declaration is made using the following form: CERFA 3916 – Declaration by a resident of an account opened outside France.