Terms of Use

Please read these carefully.

THESE TERMS OF USE APPLY TO THE GETSCATTER SERVICES (THE "SERVICES") OFFERED THROUGH www.get-scatter.com (THE "SITE"). IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS OF USE YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND THE SITE.

1. Acceptance of the Terms of Use

1.1. These Terms of Use (the “Terms of Use” or “Terms”) are a binding agreement between GetScatter Ltd., a company incorporated under the laws of Malta, with a registered office at 23 Kingsbridge, Imriechel Road, BKR 4402, Birkirkara, Malta (the “Company” “us” “our” or “we”) and you, the person who uses the Services and/or the Site (the “user” “you” “your” or “yourself”).

1.2. By your use of the Site and/or opening an account to use our services, you agree to comply with the terms and conditions governing your use of the Site and the services offered through the Site (the “Services”).

1.3. In addition to the Terms of Use, you should also read our Privacy Policy (the “Privacy Policy”) carefully, which sets out how we collect and use your personal information, at [insert link], and is an integral part of these Terms of Use.

1.4. We may suspend, modify, remove or add to the Services at any time.

1.5. The Company has no obligation to check whether users are using the Services and/or the Site in accordance with the Terms of Use, as updated from time to time.

2. Changes to the Terms of Use

2.1 The Company, at any time, may amend, update or modify the Terms of Use (collectively and individually, the "Modification"), including, without limitation, because of legal and regulatory changes, security reasons and changes to our Services. Unless otherwise expressly stated in these Terms, we will notify you of any such Modification by posting a new version of the Terms on the Site. You shall be responsible for reviewing and becoming familiar with any such Modifications. The new version of the Terms will take effect seven (7) days after its publication on the Site (or earlier if required by any law, regulation or directive which applies to either us or you).

2.2 If you do not agree with any Modification to the Terms of Use, your sole and exclusive remedy is to terminate your use of the Services and close your Account (as defined below).

3. The Services

The Services include, but are not limited to, the following:

3.1 Scatter Desktop Application. This includes the ‘Scatter Protocol’ which provides a single desktop application for managing multiple blockchain accounts;

3.2 Scatter e-Wallet. The Scatter e-wallet enables you to access your digital assets on various blockchains without requiring custodial services for you to access such digital assets.

3.3 Scatter e-Wallet Application Search Function. This function allows Scatter e-wallet users to find third party applications which integrate with the users’ Scatter e-wallet;

3.4 Key Management and Cryptocurrency Exchange Connectivity. The Scatter e-wallet gives key management functions to its users which include, but are not limited to, connectivity to cryptocurrency exchanges on Third Party Websites, transaction signing ability on various blockchains, security solutions, identification solutions for various blockchains, etc. The cryptocurrency exchanges are operated independently from this Site, and their services are in no way linked to the Services set out herein in any way whatsoever;

3.5 Identity Authentication and Reputation Services. The Company may create identity authentication and reputation certificates for its users, subject to the KYC Process and its AML Policy, as referenced herein, as well as digital signatures for its users to use on various blockchains.

4. Registration Process – Opening an Account

4.1. In order to use the Services, you must open an account with us through our Site (“Account”), complete the 'Know Your Customer' ("KYC") process (as described below) and be approved by us as an Approved User.

4.2. During the registration process, you shall provide us with requested information, which may include your name, ID number, birthdate, e-mail address, postal address, telephone number, digital wallet address and credit card information details ("Registration Details").

4.3. You further agree to promptly provide any additional requested information as necessary over the course of the registration process or afterwards for verification purposes or any other purpose in connection to providing you the Services ("Additional Details").

4.4. You warrant and represent to us: (i) that all Registration Details and Additional Details that you provide to us, are true, accurate, and complete, and that you shall immediately update this information from time to time, to keep it up to date; and (ii) that the name on your Account matches the name on the credit/debit card(s) or other payment accounts (e.g. personal virtual wallet) which you provide to us.

4.5. You acknowledge that we will be under no obligation to accept you as an Approved User, and we may reject your registration for any or no reason whatsoever.

4.6. We reserve the right to verify your Registration Details and/or Additional Details at any time, by requesting certain documents. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a certified notary, at your expense. In the event our requests for documents are not completed by you to our satisfaction, the Company may at its sole discretion terminate the Account. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent – we shall be under no obligation to accept such documents as valid, and we are under no obligation to provide feedback on the exact nature of our findings with regards to these documents.

4.7. By registering with us through the Site and opening an Account, you further represent and warrant to us the following:

(a) you have reached at least the age of 18 and/or the legal age to enter into a binding agreement in your location;

(b) you are of sound mind and capable of taking responsibility for your own actions, with the full legal capacity to accept these Terms of Use;

(c) you understand the significance and consequences of transactions involving digital currency and acknowledge the Risk Factors of such transactions, including the risks set forth in Section 15 of these Terms; and

(d) you have read, understood and accepted these Terms of Use.

4.8. You confirm that you will use the Services, Software (as defined below) and the Site in accordance with all applicable laws, regulations and directives.

4.9 We also reserve the right to charge you for extraordinary costs which we may incur in connection with your Account, including, but not limited to, in connection with: (i) actions required to maintain, restore or protect your Account; and (ii) payment refusals, chargebacks or any other interference with any payment to us.

5Your Account and Personal Use

5.1 You acknowledge and represent to us the following:

(a) Your Account is for your own personal use;

(b) You shall only open one Account on the Site;

(c) You shall not assist others in obtaining unauthorized access to the Site, Services and/or to your Account;

(d) You shall not access the Account of any other person on the Site;

(e) You will be fully responsible and liable for any activities undertaken on your Account; and

(f) You will not reveal your Account username or password or your private digital wallet address to any person and you shall take all steps to ensure that such details are not revealed to any person.

5.2 The Company may, at any time, set off any amount owed by us to you - whether in Digital Currency and/or in Fiat Money - against any amount owed by you to us - whether in Digital Currency/and or in Fiat Money – and adjust your Account records to reflect any changes resulting from such set-offs. For the purposes of these Terms, “Digital Currency” means any cryptocurrency supported by the Services, Software or

5.3 You understand and acknowledge that you are responsible for maintaining the confidentiality of your Account information, including username, password and other sensitive, confidential details, the safeguarding of your own Digital Currency, as well as the transactional activity posted to your Account. You understand that any compromise of your Account information may expose your Account to unauthorized access by a third party which may result in loss or theft of Digital Currency, as well as any linked accounts, such as your linked bank accounts and credit cards.

5.4 You are responsible for the security of your username and password as well as your digital wallet address on your own personal computer or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your Account, you understand that the Company is not liable or responsible in any way whatsoever. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company, but you acknowledge that the security of such information is your responsibility.

5.5 In the event you have any knowledge of: (i) a third party gaining access to your Account, username and/or password; (ii) compromise of your login information; (iii) any breach of security related to your Account; and/or (iv) any other unauthorized use of your Account, you must notify us immediately by sending an email to [email protected], and include all relevant details.

5.6 As part of our KYC procedures, we will conduct a verification process to verify your identity and eligibility to participate in our Services. During this verification process, we may request certain documents from you, which may include proof of address, such as a utility bill, proof of your payment method and a copy of a government issued identity card. We reserve the right to require certified or notarized copies at your expense. You understand that we shall be under no obligation to accept any documents as valid. Pursuant to our KYC procedure, in addition to documentation, we may also choose to verify your identity through a video and/or audio call conference (collectively, the “KYC Process”).

5.8 You acknowledge that in order to conduct the verification process and/or background checks, in accordance with our KYC Process and AML Policy, we may perform inquiries, directly or indirectly through third party service providers to prevent fraud, suspicious activity, misidentification, money laundering or any other prohibited activity. We reserve the right to take any action we deem necessary with respect to the outcome of such inquiries.

5.9 In the event that you fail our internal compliance and security checks for any reason, you may be prevented from using our Services and/or accessing the Site, and we may limit or suspend your use at any time, as well as suspending any withdrawal requests. You understand that the outcome of such KYC Process, including a decision not to approve the opening of an Account for you, is within the Company’s sole and absolute discretion, and we are under no obligation to provide feedback on the exact nature of our findings.

5.10 In the event you create an Account without our approval or otherwise gain access to the Services without our permission, we reserve the right to immediately suspend or terminate, as we deem appropriate, the applicable Account, as well as suspend or terminate all pending transactions; and we reserve the right to seek any other remedy to which the Company may be entitled for such violation and the Company may take further actions against you.

5.11 The Company does not guarantee to provide you with security alerts or any other alert and the Company shall not be held liable for not providing any alerts. In no event will the Company be held responsible or liable for any damages or losses which you may sustain as a result of your Account login credentials being compromised.

5.12 Any criminal activity or fraudulent acts committed by you or under your supervision and/or control through your use of the Site and/or our Services is absolutely not permitted. You affirm and declare that you shall not perform or attempt to perform any such activity, including, but not limited to, fraud, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. You also agree not to hide your IP location and you shall always disclose your accurate and true location. In the event the Company determines, in its sole discretion, that your Account activity is suspicious or related to any prohibited activity, the Company may cancel or suspend your Account, block any outstanding transactions, deny any new transactions, and/or freeze any funds available on your Account. You understand that you shall be held liable for losses incurred by the Company or by any third party due to your non-compliance and/or violation of any of the foregoing rules. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other criminal activity, and may also engage collection services to recover payments.

5.13 You acknowledge that you are solely responsible for any applicable taxes with respect to your transactions on the Site and/or through the Services. The Company shall not provide, nor be liable or responsible in any way whatsoever for any tax advice concerning any transactions performed through this Site and/or the Services. It is your sole responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in the relevant jurisdiction(s).

5.14 You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services and/or access to the Site.

6. Our Intellectual Property and Technology

6.1 The brand names relating to the Site and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the "Trade Marks") are owned by us, or our licensors. In addition to the rights in the Trade Marks, we and/or our licensors own the rights in all other content of the Site (the "Content"). By using the Site and/or the Services you shall not obtain any rights in the Trade Marks or the Content and you may use the Trade Marks and Content only in accordance with these Terms.

6.2 You may only install and use the software connected to the Site (the "Software") and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for your personal and non-commercial use and in accordance with the Terms of Use. The Software's code, structure, and organization are protected by the Company's registered intellectual property rights. The Company issues licenses for its various code-bases, which can be found on their individual repositories. Each code-base might have a different license. You can find all official repositories at https://github.com/GetScatter.

6.3 You hereby undertake not to:

(a) Copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise;

(b) Sell, assign, sublicense, transfer, distribute or lease the Software;

(c) Make the Software available to any third party through a computer network or otherwise;

(d) Export the Software to any country (whether by physical or electronic means); or

(e) Use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software

(individually, and collectively, the "Prohibited Deeds").

6.4 You shall be held liable for any loss, including direct and indirect damages, costs or expenses, we may suffer as a result of your Prohibited Deeds. You agree to immediately notify us if you commit any Prohibited Deeds or if you have the knowledge of any third party committing any Prohibited Deeds. You agree to provide us with reasonable assistance with any inquiry investigation we may conduct as a result of the information provided by you in this respect.

6.5 You understand and bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable and available virus screening and prevention software at all times. The Company shall not bear any responsibility or liability whatsoever for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages purporting to originate from the Company, and to beware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses. The Company maintains that you should always log into your Account through the Site only and avoid using inauthentic communications advising alternate options to log in.

7. Your Compliance with Applicable Regulations

7.1 It is your sole responsibility to ensure that your use of the Site and/or Services is in compliance with all applicable laws, regulations and directives.

7.2 You confirm that you shall not use the Services and/or Site for any unlawful, criminal or fraudulent activity or any prohibited transaction (including money laundering) under the laws, regulations and/or directives of any applicable jurisdiction.

7.3 By using the Site and/or the Services, you represent and warrant to us that the Fiat Money and/or Digital Currency that you use for transactions is not derived from any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws that apply to you.

8. Account Termination or Suspension

8.1. You understand that, at any time, the Company will be entitled to restrict, suspend or terminate your Account, as well as to terminate these Terms of Use; deny or restrict access to the Site including its content or tools, delay or remove hosted content, and take technical and legal measures; deny processing any transaction; cancel or reverse any transaction or pending transaction, even if funds have been debited from your payment method. These actions are all subject to the Company’s sole discretion, including without limitation, as a result of the Company reasonably suspecting any of the following:

(a) You have breached any terms or conditions set out herein;

(b) Your failure to make required payments of Fiat Money and/or Digital Currency and/or transfer of Fiat Money and/or Digital Currency, as applicable;

(c) Another person is using your Account;

(d) You attempt to gain unauthorized access to the Site or another user's account and/or you provide assistance to third party attempts to do so;

(e) Your use of the Account, Services, or Site involves money laundering, terrorist financing, fraud, or any other crime, or non-compliance with any applicable laws and/or regulations;

(f) Due to court order, law enforcement and/or other government or regulatory inquiry or order;

(g) You are abusing any and/or all of the Services, including without limitation by opening multiple accounts;

(h) Any of the Company’s third party service providers' refuses to provide you with any services which the Company requires for Company’s fulfillment of some of the Services;

(i) You are creating problems on the Site and/or to the Company, and/or you adversely affect the Company's reputation in any way whatsoever, or pose any other liability to the Company;

(j) Force majeure events, including operational and technical errors;

(k) Your Account is associated with any suspended or terminated account for breach of these Terms or suspended/terminated for any other reason; or

(l) You fail internal or external compliance and/or KYC/AML procedures.

8.2 The Company reserves the right to suspend or terminate your access to your Account and/or Services for any other reason that may not be specifically listed herein.

8.3 Should the Company suspend or terminate your access to your Account and/or the Services, you shall not use your Account nor use any or all of the Services.

8.4 You may terminate these Terms and close your Account at any time by sending an email to us at [email protected] Such termination of these Terms and your Account shall take effect upon the closing of your Account (including username and password), which shall occur within seven (7) calendar days after receipt by us of your email and other information we may require. You will remain responsible for any activity on your Account between sending us such email termination notice and the actual closing date for your Account.

8.5 Upon termination of the Account or suspension of your Account for any reason whatsoever, you shall stop using the Site, Software and the Services. In addition, you will be responsible for fulfilling any outstanding payment obligations (whether in Digital Currency or Fiat Money) to the Company existing as of the effective date of termination.

8.6 The right to terminate your Account as set out in this clause shall not prejudice any other right or remedy of the Company in respect of the breach concerned (if any) or any other breach of these Terms.

9. Disclaimers

9.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THE SITE, AND/OR THE SOFTWARE (INDIVIDUALLY, AND COLLECTIVELY, THE “COMPANY SERVICES”) IS AT YOUR OWN RISK.

9.2 THE SERVICES, SOFTWARE AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE). INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, SUITABILITY OR ADEQUACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (WHETHER UNDER APPLICABLE LAW OR OTHERWISE).

9.3 THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR ACCESS TO THE SERVICES, SOFTWARE OR SITE, AND/OR ANY PART OF, OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ACCURATE, FREE OF ERROR, COMPLETE, UNINTERRUPTED, CONTINUOUS, OR THAT ANY DEFECTS WILL BE CORRECTED, AND/OR THE SOFTWARE OR THE SERVER ASSOCIATED WITH SERVICES, SOFTWARE OR SITE ARE FREE OF VIRUSES AND BUGS. COMPANY MAKES NO REPRESENTATION CONCERNING THE FULL OR PARTIAL FUNCTIONALITY, ACCURACY, OR RELIABILITY OF ANY RESULTS, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES, SOFTWARE AND SITE AND YOU BEAR THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES, SOFTWARE AND SITE.

9.4 THE COMPANY MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES REGARDING THE TIME REQUIRED TO COMPLETE PROCESSING ANY TRANSACTIONS INVOLVING THE USE OF YOUR ELECTRONIC DEBIT OR CREDIT CARD OR BANK ACCOUNTS DETAILS, WHICH ARE DEPENDENT UPON MANY FACTORS BEYOND THE COMPANY’S CONTROL.

9.5 THE COMPANY MAKES NO WARRANTIES ABOUT THE VALIDITY, AUTHENTICITY, QUALITY, SUITABILITY, OR OTHERWISE, ABOUT ANY DIGITAL CURRENCY YOU RECEIVE THROUGH THE SITE.

9.6 THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO ANY TRANSACTIONS ON THIRD PARTY CRYPTOCURRENCY EXCHANGES.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND/OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE OR SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, SOFTWARE AND SITE.

10.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.

10.3 YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.

10.4 YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES OR THE SITE.

10.5 YOU CONFIRM THAT IN THE EVENT THAT THE SERVICES FAIL TO OPERATE CORRECTLY FOR ANY REASON WHATSOEVER, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS WHICH YOU INCUR, INCLUDING ANY LOSS OF PROFITS THAT MAY RESULT THEREOF.

10.6 WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED USD 100 IN THE AGGREGATE.

10.7 YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES, SOFTWARE OR SITE, OR THE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

10.8 THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD.

10.9 THE COMPANY SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY DIGITAL CURRENCY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY FIAT MONEY IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.

10.10 YOU FURTHER AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMENDMENT OR TERMINATION OF THE COMPANY SERVICES AND/OR TERMS OF USE, OR SUSPENSION OF YOUR ACCESS TO THE COMPANY SERVICES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN.

10.11 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, SOFTWARE OR THE SITE MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE SUCH CLAIM OR CAUSE OF ACTION AROSE.

11. Indemnification

You agree to indemnify, defend and hold harmless the Company, its parent company, and its subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from: (i) your use or misuse of the Services, Site, and your Account, including any violation of these Terms of Use, or any law, rule, regulation or directive; (ii) any acts or omissions that implicate publicity rights, defamation or invasion of privacy and/or any third party rights. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

12. Links to Third Party Websites

12.1 The Site and/or Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (individually, and collectively, the "Third Party Websites").

12.2 These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by, and subject to, such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites.

12.3 You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.

13. Risk Factors

By utilizing the Services or interacting with the Content or Site in any way, you represent that you understand the inherent risks associated with cryptographic systems, and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract based tokens that follow various tokens standards, and blockchain-based software systems.

You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms of Use before using any of the Services.

13.1 An inherent risk exists that losses will occur as a result of buying, selling or trading anything on a market. You may increase or lose value in your assets at any time due to price volatility, especially in the crypto-currency market, and the potential loss in trading or holding Digital Currencies can be substantial.

13.2 We do not guarantee that any Digital Currency will currently, or in the future maintain a certain value or market liquidity, and you understand that the current value or price of Digital Currency can drop as low as zero at any point. You acknowledge that we also do not guarantee that you will be able to sell the Digital Currency to any third party.

13.3 Historically, currency, and fiat money in particular, have been backed by banks and government entities, or backed up by commodities, such as silver or gold. However, Digital Currency is not regulated by any central bank or other government authority. Instead, Digital Currency is backed by technology and trust, and currently, there is no bank or government regulator that can take measures to protect the value of the Digital Currency in a crisis, issue more currency, or balance the price fluctuations.

13.4 Digital Currency is based on blockchain technologies, a digital, decentralized and partially anonymous system that relies on peer-to-peer networking, which could collapse at any given moment, and cryptography to maintain its integrity. This system has been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Site and the Services could be impacted by one or more regulatory inquiries or actions, including, without limitation, the licensing of or restrictions on the use, sale, or possession of digital tokens which could impede, limit or end the Services or your ability to trade the Digital Currency at any point. Regulatory changes could have negative and material impact that could result in the Digital Currency having little or no value whatsoever.

13.5 Digital Currency, when transferred, will be controllable only by the possessor of unique private keys relating to the addresses in which the Digital Currency is held. The theft, loss or destructions of a private key required to access Digital Currency is irreversible, and because the Company does not have access to those private keys, such private keys cannot be restored by the Company, and the Company will not be responsible for user’s loss of access to its personal virtual wallet. Further, due to the nature of Digital Currency, any technological difficulties experienced by the Company could potentially prevent the access or use of a user’s Digital Currency.

13.6 You are aware that additional risks of trading Digital Currency may exist that have not been set forth in these Terms of Use, and you understand that it is your responsibility to carefully assess all the risks and determine whether your financial standing and tolerance for risk are suitable for buying, selling or trading Digital Currency. It is also your responsibility to seek professional advice prior to using the Services and the Site, and you understand that the Company does not provide any investment, legal, or tax advice.

13.7 Certain regulators in certain jurisdictions may view certain types of Digital Currency as securities, and as such, users in these jurisdictions may not have the ability to trade their Digital Currency because trading of Digital Currency that is deemed as securities, may be restricted, partially or completely in some jurisdictions. It is your responsibility to ensure your compliance with the applicable laws of your jurisdiction.

13.8 The Company and its supported blockchains and tokens could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Company to continue to develop, or which could impede or limit your ability to access or use the Services or any supported blockchains and their networks.

13.9 You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and the Services, which could result in the theft or loss of your digital assets such as your keypairs, cryptographic tokens or property. To the extent possible, the Company intends to update the protocols underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services, you acknowledge and accept these inherent risks.

13.10 You acknowledge that blockchain applications are code and subject to flaws, and you acknowledge that you are solely responsible for evaluating any code provided by the Services, and the trustworthiness of any Third Party Websites, products, smart-contracts, or Content you access or use through the Services. Any loss of digital property and/or identity theft, including the Company's risk factors set out herein, in no way evidence or represent any ongoing duty to alert you to all of the potential risks of utilizing the Services, Site or Content.

13.11 The Company cannot and does not guarantee the availability of the Services at all times. You acknowledge that the Company reserves the right, at all times, to delay, deny, or make unavailable, at any time and at its sole discretion, any or all of the Services, any part of the Site and/or the Site in its entirety. The Company shall have no responsibility or liability whatsoever in connection with the unavailability of any Service and/or the Site, whether caused by the Company by any third party or “force majeure”. For the purpose of these Terms, “force majeure” means an event beyond the reasonable control of the Company, including without limitation, acts of God, acts of government, fire, flood or storm damage, earthquakes, labor disputes, war, and riot. You acknowledge that once a day, for a limited time, the Services will not be available for use due to the need to perform processing and other operations necessary for the ongoing functionality of the Services.

14. User – Company Contact

14.1 You hereby agree to Company's use of your contact details provided by you upon registration to contact you directly, from time to time, in relation to your use of the Services or any other products or services offered by us.

14.2 If you have any questions, feedback or complaints, you may contact the Company via Company’s customer support at [email protected] When contacting us we request that you include identifying information such as your name and address, and/or the issue for which you have feedback, questions, or complaints, so we can address your matter appropriately. Please note that calls made by you to our customer service department may be recorded for quality assurance.

14.3 You agree to treat our customer support staff in a respectful and professional manner and, in no way, behave abusively or in a derogatory manner. In the event we determine that your behavior, via telephone, live chat, email or otherwise, is abusive or derogatory towards our staff, you agree that we shall have the right to immediately suspend and/or terminate your Account.

15. Governing Law

15.1 These Terms of Use and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Malta and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Malta to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, these Terms or otherwise arising in connection with these Terms of Use.

16. Miscellaneous

16.1 Status of the Parties. You and the Company are independent contractors, and these Terms of Use do not create any partnership, trust arrangement, agency, joint enterprise, or fiduciary relationship between you and the Company, or any other form of relationship.

16.2 Waiver. No waiver by us of any terms or conditions set out herein shall be construed as a waiver of any preceding or succeeding breach of any terms or conditions of these Terms of Use.

16.3 Third Parties. Unless otherwise expressly stated, nothing in these Terms of Use shall create or confer any rights or any other benefits to third parties.

16.4 Survival. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of this Agreement in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.

16.5 Confidentiality. You represent and warrant that in the course of using the Services, in the event you receive any confidential information, whether orally, in writing, or computer data form, you are obligated to keep such information confidential and in strict confidence, and use it only to the extent permitted under these Terms of Use. You may not disclose such confidential information without the Company’s prior written consent.

16.6 Entire Agreement. These Terms of Use constitutes the final, exclusive and complete understanding and agreement between you and us and supersedes all prior understandings and agreements between you and us.

16.7 Assignment. You may not assign any rights or obligations under these Terms of Use, including without limitation, the right to use the Account which is exclusively for your personal use. The Company may assign its rights without restriction and without prior notice to you. In the event of a merger or acquisition between the Company and a third party, the Company reserves the right to transfer or assign the information you provided to the Company as part of such merger, acquisition, sale, or other change of control.

16.8 Severability. If any provision of these Terms of Use shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms shall not be affected and shall remain in full force and effect.

16.9 English Language. Any translation of these Terms of Use will be provided solely for your convenience. These Terms are subject to definitions and interpretations in the English language and in the event of a dispute the English language version shall prevail. Any translation provided may not accurately represent the information in the original English language version of these Terms.

THESE TERMS OF USE HAVE BEEN UPDATED ON November 14th, 2019