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Terms of Service

These Terms of Service (the “Terms”) govern the relationship between ASIRU LIMITED, a company incorporated in the Hong Kong Special Administrative Region (registration number 80997831, address: Room 2904-05, 29/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong) (the “Operator”, “we”), and any person using the ASIRU digital asset exchange service at asirucapital.com (the “Service”, “Site”; “User”, “you”).

By using the Site, creating an exchange order or registering an account you confirm that you have read, understood and accept these Terms, the Privacy Policy and the AML/CTF, KYC and KYT Policy, which form an integral part of the Terms. If you do not agree with any provision, you may not use the Service.

1. Definitions

  • Service — the Operator’s software and infrastructure at asirucapital.com that accepts and executes orders to exchange digital assets for fiat funds and other digital assets.
  • Digital asset (cryptocurrency) — units of account recorded in a distributed ledger (blockchain), e.g. USDT, BTC, ETH.
  • Order — a User’s instruction placed on the Site to exchange assets, specifying the direction, amount and payout details.
  • Rate — the exchange ratio set by the Operator and locked at the moment the Order is created.
  • Verification (KYC/KYB) — identification and due-diligence procedures applied to the User, its representatives and beneficial owners under the AML Policy.

2. Status of the Operator and nature of the services

2.1. The Operator’s principal activity is cryptocurrency exchange; it additionally provides cross-border payment services. The Operator is not a bank, payment system, broker or investment adviser and does not hold Users’ funds: digital assets are accepted solely to execute a specific Order.

2.2. ASIRU LIMITED does not hold a Virtual Asset Service Provider (VASP) licence issued by the Securities and Futures Commission of Hong Kong (SFC) and does not claim to hold one. The Service is not intended for, and is not provided to, residents of Hong Kong.

2.3. Digital asset transactions involve volatility, irreversibility of blockchain transfers and regulatory change. By accepting the Terms you confirm that you understand these risks and act at your own risk.

3. Who may use the Service

3.1. By using the Service you represent and warrant that:

  • you are at least 18 years old and have full legal capacity;
  • you act in your own name and interest, or — if on behalf of a legal entity — you are duly authorised and ready to undergo entity verification (KYB) with disclosure of the ownership structure and beneficial owners;
  • you are not listed on the sanctions lists of the UN, EU, United Kingdom (OFSI), United States (OFAC), Rosfinmonitoring or other applicable lists, are not controlled by and do not act for such persons;
  • you are not located in and are not a resident of jurisdictions subject to comprehensive sanctions or included in the FATF “black list”, including: the DPRK, Iran, Myanmar, Syria, Cuba, and the territories of Crimea, Sevastopol, Donetsk, Luhansk, Kherson and Zaporizhzhia; and you are not a resident of Hong Kong;
  • the funds and assets used in the exchange have a lawful origin and are not connected with money laundering, terrorist financing, fraud or any other unlawful activity;
  • if you are a politically exposed person (PEP), a family member or a close associate of a PEP, you will disclose this to the Operator during verification.

3.2. The Operator may at any time request confirmation of compliance with these requirements and refuse service if they are breached.

4. Exchange procedure

4.1. The User selects an exchange direction, enters the amount, payout details and contacts, and creates an Order. At the moment the Order is created the Rate is locked for the period shown on the Order page (timer).

4.2. The User transfers the exact amount specified in the Order to the address (details) provided within the Order’s validity period. The Operator’s obligation arises once the funds are received with the required number of network confirmations.

4.3. If the funds arrive after the rate lock expires or the amount differs from the one specified, the Operator may execute the Order at the current Rate at the time of actual receipt, recalculate the payout, or refund the funds less the network fee — depending on the direction and the internal rules shown on the Order page.

4.4. Payout is made to the details specified by the User. Standard payout time after network confirmation is 2 to 60 minutes; it may be longer during network congestion, checks or maintenance. The Order status is updated on its page.

4.5. The User is responsible for the accuracy of the payout details. Funds sent to details correctly specified by the User are deemed duly delivered; funds sent to erroneous details provided by the User cannot be recovered due to the irreversibility of transfers.

5. Rates, limits and fees

5.1. The Rate includes the Operator’s remuneration; no other fees are charged unless expressly stated in the Order. Blockchain network and third-party payment fees are borne by the User and may be deducted from any refund.

5.2. Minimum and maximum amounts per direction, as well as limits that require verification, are shown on the Site and may be changed by the Operator.

6. Verification and checks

6.1. The Operator applies a risk-based approach, KYC/KYB procedures, sanctions and PEP screening and transaction monitoring (KYT) in accordance with the AML/CTF, KYC and KYT Policy.

6.2. The Operator may at any time request identity documents, information on representatives and beneficial owners, proof of Source of Funds / Source of Wealth and other information required for the check, and may conduct additional visual or video verification.

6.3. Execution of an Order may be suspended until the requested information is received. If the User refuses to provide it, fails to meet the requirements of section 3, or a high risk is identified, the Operator may decline the Order, refund the funds to the sender less the network fee, or — in cases provided for by the AML Policy and applicable law — freeze the funds and report to the competent authority.

7. Refunds

7.1. Refunds are made to the details (address) from which the transfer was received, less the network fee. A refund to other details is possible only after the User proves ownership of the original address.

7.2. Funds connected with sanctioned persons, addresses or services, or showing signs of criminal origin, are not refunded until a decision of the competent authority or completion of the check.

7.3. Once the payout under an Order has been made, the transaction is final and cannot be cancelled.

8. Prohibited use

8.1. It is prohibited to use the Service for money laundering, terrorist financing, sanctions evasion, fraud, transactions involving mixers, darknet marketplaces or stolen assets, exchanges on behalf of undisclosed third parties, circumvention of verification, or with bots, automated data collection or any means disrupting the Site.

8.2. The User may not use another person’s account, give third parties access to their own account, or attempt unauthorised access to the Service.

9. Liability

9.1. The Operator is liable for execution of an accepted Order up to the amount of that Order. The Operator is not liable for delays or failures of blockchain networks, banks and payment systems, for acts of third parties, for losses caused by incorrect data provided by the User, or for lost profit.

9.2. The Operator is released from liability in the event of force majeure, including acts of public authorities, changes in law or sanctions regimes, and failures of infrastructure outside the Operator’s control.

10. Personal data

10.1. Users’ personal data is processed in accordance with the Privacy Policy. Data obtained in the course of verification and checks is retained for at least 5 years after the relationship with the User ends.

11. Cooperation with competent authorities

11.1. The Operator cooperates with the competent authorities of Hong Kong and other jurisdictions. Where required by law, the Operator files suspicious transaction reports with the Joint Financial Intelligence Unit (JFIU) of Hong Kong and complies with lawful requests of authorised bodies, including without notifying the User where notification is prohibited by law.

12. Intellectual property

12.1. The Site, the ASIRU trademark, software, design and content belong to the Operator or are used by it lawfully. Any use other than personal use of the Service for its intended purpose requires the Operator’s written permission.

13. Governing law and disputes

13.1. These Terms are governed by the laws of the Hong Kong Special Administrative Region.

13.2. Disputes are resolved by negotiation. Claims are sent to noreply@asirucapital.com or george@asiru.capital; the response period is 30 days. If no agreement is reached, the dispute is referred to the competent courts of Hong Kong.

14. Final provisions

14.1. The Operator may amend the Terms by publishing a new version on the Site; amendments take effect upon publication and apply to Orders created thereafter.

14.2. Invalidity of any provision does not affect the validity of the Terms as a whole.

14.3. Operator’s contacts: ASIRU LIMITED, Room 2904-05, 29/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong. E-mail: george@asiru.capital; support: noreply@asirucapital.com.