TERMS OF SERVICE

1. Introduction

1.1. These Terms of service (“Terms”) have been developed for LBK Exchange FZE (“LBank”, “Company”, “we”, “our” or “us”). The Company is licensed and regulated by the VARA to engage in the regulated activity of providing ‘Virtual Asset Exchange Services’.

1.2. These Terms set out the basis on which you may use the Company’s platform. Please read these Terms carefully before further using the website which is available at www.lbank.com/uae “Website”) which is available via the website, mobile application, API or by such other means as the Company may prescribe from time to time (all together, the “Platform”). These Terms constitute a legally binding agreement between you (“you” or “your”) and the Company. The Terms govern your use of the Company’s services and Platform. By creating an account, accessing of the Platform and/or using our services, you acknowledge and agree to be legally bound by and comply with these Terms together with any additional documents or terms referred to in these Terms (as updated from time to time).

1.3. If you do not understand and accept these Terms in their entirety, you should not register an account on our Platform or access or use the Platform or any Company service.

2. Risk Warning

2.1. Trading of Virtual Assets involves significant risk and may not be suitable for all investors. The value of Virtual Assets may fluctuate significantly and may be affected by various external factors. The volatile and unpredictable fluctuations in price may result in significant losses, including possible total loss of your investment over a short period of time. It is your responsibility to consider whether buying, selling or holding Virtual Assets is suitable for you in light of your financial circumstances.

2.2. Virtual Asset activities conducted in certain jurisdictions may be unregulated or subject to limited regulations. Any regulatory changes or actions by any applicable authorities may adversely affect the use, regulatory treatment, transfer, value, exchange, functionality, ability to trade and/or other factors related to the Virtual Asset.

2.3. You should read our Risk Disclosure Statement carefully for further information on the risks associated with accessing the Platform and/or using the Services. It does not, however, explain all of the risks that may arise, or how such risks relate to your own circumstances. You should fully understand all risks involved before accessing the Platform and/or using the Services.

2.4. Virtual Assets and its transactions are subject to several risks, including but not limited to market risks, credit risks, liquidity risks, and technology risks. Please read our detailed Risk Disclosure Statement [HYPERLINK TO BE INSERTED]. If, due to any changes related to virtual assets, or any previously supported Virtual Asset is no longer supported, we will assess the impact of such change as soon as possible and notify the client of all measures adopted by us to reduce any losses.

2.5. The Company has no fiduciary relationship or obligation to you in connection with any transactions or other activities you undertake when using the Services. We are not your broker, intermediary, agent or advisor and we do not provide financial, investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.

2.6. You expressly acknowledge that the use of the Services is at your own risk, based on your own independent review and assessment of its suitability for you, taking into account your specific investment objectives, financial situation, risk tolerance, investment experience, knowledge and needs. You are responsible for any loss or liability. We make no recommendations that any Virtual Asset should be bought, earned, sold or held. Please conduct your own due diligence and if necessary, consult your financial, tax and other advisers before buying, selling or holding any Virtual Asset. The Company takes reasonable measures to provide accuracy of information on the Platform. We will not be responsible or liable for any losses you make in relation to the buying, selling or holding of Virtual Assets, including, without limitation, any losses which may arise directly or indirectly from use of or reliance on such information provided by us.

3. Definitions 

In these Terms, unless context otherwise requires, the following words and expressions shall have the following meanings respectively ascribed to them:

3.1. Account: Any accounts which the Company maintains for you.

3.2. Account Credentials: Your account details, username, passwords, personal identification numbers, or any other codes or forms of authentication that you use to access your Account or the Services or to send Instructions.

3.3. Affiliates: Any person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company.

3.4. Applicable Law: All relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, by-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations issued by any governmental or regulatory authority, that are applicable to the provision, receipt or use of the Services, or any other products or deliverables provided, used or received in connection with the Services, these Terms, or other applicable terms and conditions.

3.5. Authorized Person: Any person identified by you and communicated to us, that is authorized to act on a user's behalf with respect to any Corporate Account.

3.6. Available Virtual Assets: Those Virtual Assets that are available on the Platform in connection with the Services, which may change from time to time.

3.7. Instruction: Any instruction, request, or order given to the Company by you or an Authorized Person in relation to the operation of your Account or to execute any Transaction, through such medium and in such form and manner as the Company may require.

3.8. Virtual Asset: A digital representation of value that may be digitally traded, transferred, or used as an exchange or payment tool, or for investment purposes. This includes Virtual Tokens, and any digital representation of any other value as determined by VARA.

3.9. Virtual Token: A digital representation of a set of rights that can be digitally offered and traded through a virtual asset platform.

3.10. Services: The virtual asset exchange services the Company makes available to you through the Platform.

3.11. Prohibited Countries: The following countries and such other locations as designated by the Company from time to time, including Canada (Alberta), Crimea, Donetsk, Luhansk, Cuba, Hong Kong, Iran, North Korea, Singapore, Sudan, Syria, the United States (including the following U.S. Territories: Puerto Rico, Guam, U.S. Virgin Islands, American Samoa and the Northern Mariana Islands and the following U.S. Minor Outlying Islands Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll and Wake Island), Iraq, Libya, Yemen, Afghanistan, the Central African Republic, the Democratic Republic of the Congo, Guinea-Bissau, Haiti, Lebanon, Somalia, the Netherlands and South Sudan.

3.12. Restricted Person: A person or entity who is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the denied persons or entity list of the U.S. Department of Commerce, or by the United Kingdom, the European Union, Canada), or a person who is located, a citizen of, or a resident of a Prohibited Country.

3.13. Anonymity Enhanced Cryptocurrencies: means a type of Virtual Asset which prevents the tracing of transactions or record of ownership through distributed public ledgers and for which the VASP has no mitigating technologies or mechanisms to allow traceability or identification of ownership.

3.14. Transaction: The selling, purchasing, trading or entering into any other type of transaction, or agreeing to sell, trade, purchase or enter into any other type of transaction involving Virtual Assets or products as the Company may from time to time permit to be carried out on the Platform, and transferring Virtual Assets into or out of your Account.

4. Contact Us 

4.1. You can always contact us for support or if you have any questions at [email protected].

5. Eligibility and Acceptable Use 

5.1. You must meet the following eligibility criteria to use the Platform and/or services. You must register with the Platform before you may use the Services. You are eligible to register for an Account and use the Services if you:

5.1.1. Are an individual, corporation, or other organization with full power and capacity to access and use the Services and enter into and comply with your obligations under these Terms;

5.1.2. Are at least 18 years old if you are an individual;

5.1.3. Act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms;

5.1.4. Have not been previously suspended or removed from using Services;

5.1.5. Do not currently have an existing Account;

5.1.6. Are not accessing the Services in a jurisdiction where such Services are not permitted, restricted or illegal; 5.1.7. Are not prohibited, restricted, unauthorized or ineligible to use the Services in any form or by any means (in whole or in part) as a result of these Terms, legal or any other regulatory requirements; 5.1.8. Are not a Restricted Person; or

5.1.9. Have sufficient knowledge and expertise (as determined by the Company) to register for an Account and use the Services.

5.2. The Company may not make its Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services in certain jurisdictions. You agree that you will not use our Services, if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

6. About Your Account 

6.1. This may be an Account for an individual user, or a Corporate Account for a corporation, entity or other organization. All Accounts are provided at our sole and absolute discretion. The Company may, in its sole discretion, refuse or limit the number of Accounts that you may open, hold and maintain.
6.2. If you are an individual user, you will use your Account only for yourself, and not on behalf of any third party. If you are a corporate user, the Authorized Person(s) will use the Account only for your benefit, and not on behalf of any third party. You will not offer direct market access to the Platform to any other party, including through the use of a sub-account. Any other party so verified shall be considered an Authorized Person. You agree to take full responsibility for all activities in your Account and bear all the risks and possible losses that may arise hereunder. For the avoidance of doubt, if you are an individual user, you may not hold more than one Account.
6.3. You will need to comply with all of our identity verification procedures, including our know-your customer, and/or any enhanced verification process that may be required under law, before opening an Account with us. We may also require you to provide us with certain information about yourself, and, where relevant, all of the Authorized Persons for you to access and use the Services. You agree that:
6.3.1. All information that you provide must be complete, accurate and truthful. You must update this information whenever there are changes.
6.3.2. You authorize us to make inquiries that we consider necessary to verify your identity, and/or that of the Authorized Person(s), or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime or for any other valid reason, and to take any action we deem necessary based on results of such inquiries as well as allow us to keep a record of the information for the lifetime of your Account as long as it is required to fulfill their intended purposes, or such other period as prescribed by Applicable Law.
6.3.3. When we made inquiries, you acknowledge and understand that your personal data, and that of any Authorized Person, may be disclosed to agencies for the purposes of identity verification, compliance data recordation, credit reference, fraud or financial crime prevention and that these agencies may respond to our inquiries in full.
6.3.4. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Authorized Persons, providing additional records or documentation, or having in-person meetings with our representatives.
6.4. We keep your personal data to enable your continued use of our Services, for as long as it is required in order to fulfill the purposes described in the Privacy Policy, or as may be required by Applicable Law, compliance with anti-money laundering laws, or as otherwise communicated to you. You can review our Privacy Policy for further information about how we process your personal data.
6.5. Account Safety and Maintenance 
6.5.1. When you create an Account on the Platform, you agree to:
a. create a strong password that you do not use for any other website or online service; b. provide accurate and truthful information;
c. maintain and promptly update your Account information;
d. maintain the security of your Account by protecting your password and restricting access to your Account;
e. promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and
f. take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
6.5.2. Your access to your Account, classification or categorization of your Account (as determined by us in our sole discretion) and your use of the Services may be altered on an ongoing basis, as a result of information collected about you. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided is true and correct.
6.5.3. You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your Account, or to all or part of the Services immediately, without notice.
6.5.4. You must ensure that any Account registered under your name will not be used by any person other than yourself or, if you are a corporate user, you are an Authorized Person.
6.6. Closing Your Account 
6.6.1. You may terminate your Account at any time by following the account termination procedures as prescribed by us from time to time. You will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your Account.
6.6.2. You may not be able to close your Account, in situations where:
a. you are trying to evade an investigation by relevant authorities;
b. you have a pending Transaction or an outstanding claim;
c. your Account has any outstanding amounts owed to us;
d. your Account is subject to a freeze, hold, limitation or reserve;
e. other reasons at our sole discretion.
6.6.3. Account Closure Procedures:
a. Step 1: To initiate the closure of your account, you must submit a written request through our designated support channels ([email protected]) or complete the account closure form available on our platform. Upon receiving your request, we will:
b. Step 2: Verify the authenticity of the request by confirming it is submitted by the actual account owner. This may include verifying identity documentation, security questions, or other account specific credentials.
c. Step 3: Review your account for any pending transactions, claims, or outstanding amounts owed. d. Step 4: Resolve any active disputes, freezes, holds, or compliance-related investigations, if applicable.
e. Step 5: Notify you of any necessary actions required to finalize the account closure, including settling outstanding balances.
f. Step 6: Once all conditions are met, we will confirm the closure of your account and provide a final statement or confirmation email for your records.
6.6.4. If any issues prevent immediate closure, such as unresolved compliance investigations, your account will remain active until such matters are resolved. For further assistance, you may contact our support team.
7. Account History and Transaction Records 
7.1. All records shown or provided in connection with the Account or Services are for your information only. Notwithstanding anything to the contrary contained in these Terms, if there is any inconsistency between the information available on or via the Platform, and the information in our records, our records will prevail.
7.2. You are responsible for checking the Account History for errors. You must report to us if there are any mistaken or unauthorized entries or Transactions as soon as you become aware of such Transactions. We may rectify any error in your Account History at any time, and reserve the right to void, cancel or reverse any Transaction involving or deriving from an error or to make any corresponding adjustments to such Transaction to correct a mistake or if we have reasonable grounds for doing so.
7.3. We may be required under these Terms or Applicable Law to share information about your Account and Account History with third parties, our Affiliates or at the request of a regulatory authorities or judicial body. You acknowledge and agree that we are entitled to disclose such information.

8. Transactions and Conditions for Trading 

8.1. You may enter into Transactions directly with us, or directly with other users, which may or may not be facilitated by us. We do not represent or warrant that any Transaction will be completed successfully or within a specific time period.

8.2. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice.

8.3. You are responsible for the control and use of your Account. you, or an Authorized Person, are deemed to have authorized any Instruction sent from your Account. It is your responsibility to monitor your Account History to ensure any unauthorized or suspicious activity on your Account is identified and notified to us as soon as possible. We are not responsible for any claim or losses resulting from a Transaction executed as a result of an unauthorized Instruction, including whether by mistake, negligence, error or fraud, unless it is proven that the unauthorized Instruction is solely due to a technical issue attributable to us.

8.4. To comply with data retention requirements, you agree to permit us (but agree to not require us) to keep a record of all Transaction information as long as it is required to fulfill their intended purposes, or such other period as prescribed by Applicable Law. Please read our Privacy Policy to understand how we collect and use data relating to the use of our Platform and Services.

8.5. You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties.

8.6. Your Account may be subject to a limit on (i) the amount or volume of Transactions you may undertake; or (ii) the amount or value of Virtual Assets you may transfer into or out of your Account; or (ii) any other limitations as may be required under the Applicable Law. We reserve the right to change any Transaction limit that applies to you and your Account at any time at our sole and absolute discretion. It may also be possible for you to request a change in your limits. Any change will be made at our absolute discretion and will be subject to any further conditions that we deem necessary.

8.7. Cancellations 

8.7.1. You may only cancel an order initiated via the Services if such cancellation occurs before the Company executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization. We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order. All trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.

8.7.2. You acknowledge and agree that if you execute any Transaction with improper intent and/or in the case of error, the Company is authorized (without any payment, penalty or liability and provided that such action is in compliance with Applicable Law) to either:

a. cancel/void such Transaction and treat such Transaction as if it had never been entered into; or b. amend the price(s) of such Transaction to reflect the prevailing market price(s) as at the relevant time, as determined by us with reference to an available source for fair market pricing.

8.8. Insufficient Virtual Assets 

8.8.1. It is your responsibility to hold sufficient Virtual Assets in your Account. If you have insufficient Virtual Assets in your Account to effect the Transaction (i.e., less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. If you have an insufficient amount of Virtual Assets in your Account to complete, you may not and/or will not be permitted to complete an order or provide Instructions until such time as sufficient Virtual Assets are held in your account. You acknowledge that the Company may cancel any order or refuse Instructions for a Transaction in such instances.

8.9. Taxes 

8.9.1. It is your responsibility to determine what, if any, taxes apply to the trades or Transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Company is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.

8.10. Instructions 

8.10.1.Validity and Accuracy. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. However, if we have doubts as to the accuracy, authenticity or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction or seek further information from you.

8.10.2.Instructions are irrevocable. You have no right to rescind or withdraw an Instruction once it has been submitted by you or by the Authorized Person(s). Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions shall be conclusive and binding on you for all purposes.

8.10.3.You understand that you or the Authorized Person are authorizing us to initiate the Transaction on your Account. We are therefore authorized to credit, debit or transfer (or provide information to third parties for the purposes of the third party crediting or debiting) your Virtual Assets from your Account in accordance with your Instructions.

8.10.4.The Company may also refuse to act on instructions to the extent permitted by these Terms.

9. Transferring and Withdrawing Virtual Assets from Your Account 

9.1. In order to provide Instructions, complete an order, trade or Transaction via the Services you must first purchase and/or transfer Virtual Assets to your Account. You may be required to verify that you control the bank account or wallet address that you use. The Company is not responsible for any fees, management and security of any banking or third party wallet service provider. You are solely responsible for your use of any third party wallet service provider, and you agree to comply with all terms and conditions applicable to any third party wallet service provider. The Company makes no guarantee regarding the amount of time it may take for the Virtual Assets to be credited into your Account.

9.2. The Company may permit you to purchase Virtual Assets directly using your bank account, however the Company does not allow you to transfer fiat into your Account. For avoidance of doubt, the Company will not accept, hold, safeguard, or maintain fiat money in your Account.

9.3. Provided that the balance in your Account is greater than any minimum balance requirements needed to satisfy any of your open positions, orders or Transactions and subject to any restrictions set forth in these Terms, you may transfer any amount in your Account (up to the total amount in excess of such minimum balance requirements less any fees) from your Account to an external account.

9.4. When you request that we transfer Virtual Assets into or request that we transfer Virtual Assets out of to any external account (i.e., external wallet addresses) from your Account, you authorize the Company to execute such transaction via the Services.

9.5. In some cases, the external account (i.e., external wallet addresses) may reject or may otherwise be unavailable to receive your Virtual Assets. The Company is not and you agree that you will not hold the Company liable for any loss or damages resulting from such rejected transactions.

10. Virtual Asset Exchange Orders and Trades 

10.1. Charges and Fees 

10.1.1.You agree to pay all applicable fees in connection with your use of the Services as set out in the fee schedule, or otherwise communicated to you in any applicable agreement with you. You authorize us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from your Account under these Terms or any agreement with you in accordance with the “Fee Schedule”.

10.1.2.When you submit an Instruction for an order via the Services, you authorize the Company to execute a transaction in accordance with such Instructions and charge you any applicable fees (as set out in our Fee Schedule).

10.1.3.In addition to our fees, any third-party service provider used in connection with your use of the Services may impose their own fees. Any fees imposed by third-party service providers will not be reflected on the transaction screens containing information regarding applicable fees. You are solely responsible for paying any fees imposed by a third-party service provider.

10.1.4.We may deduct the sums owed in another Virtual Asset to effect payment, in which case we will convert the Virtual Asset you hold into the Virtual Asset in which the sums owed to us are denominated, at the rate currently offered on the Platform or at such other commercially reasonable rate as we may determine from time to time.

10.1.5.In the event that there are insufficient Virtual Asset in your Account, you acknowledge that any amount due and payable from you under this clause is a debt immediately due and owing by you to us in such amount and form (whether in the form of a Virtual Asset or otherwise) as we may determine, acting in a commercially reasonable manner.

10.1.6.We may adjust our fees or the fee Schedule from time to time, which includes introducing new fees and/or charges. If you do not wish to accept the changes, you can close your Account. Your continued access to or use of the Services will be deemed acceptance of the updated fees.

10.2. Fee Schedule 

10.2.1.Spot Trading Fees 

a. Maker Fee: 0.10%

b. Taker Fee: 0.10%

10.2.2.Deposit Fees: 

a. No fees for cryptocurrency deposits.

10.2.3.Withdrawal Fees: 

a. Fees are determined based on the corresponding blockchain network (mainnet) for external withdrawals. The exact withdrawal fee may vary due to network congestion or mainnet adjustments. The real-time rates are displayed on the withdrawal page and prevail over any other rates.

10.2.4.Additional Notes: 

a. Internal cryptocurrency transfers between LBank accounts are free.

b. Users are encouraged to review the latest fee adjustments on the platform as fees may be subject to periodic changes based on operational requirements or market conditions

10.3. Independent relationship. You acknowledge and agree that: (a) the Company is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by the Company shall be considered or construed as advice.

10.4. Trade confirmation. Once the trade has been executed, a confirmation will be made available via the Services detailing the particulars of the trade. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.

10.5. Trade options. You are expected to conduct your own research and due diligence and ensure you are well informed prior to undertaking any trading or Transactions on the Platform. If you do not understand the any of the trading options available to you, we strongly encourage you not to utilize any of those options.

10.6. Availability. All Virtual Asset sales and purchases via the Services are subject to availability, and we reserve the right to suspend and/or discontinue the sale and purchase of Virtual Assets without notice.

10.7. Virtual Asset Standards. All virtual assets that are made available on the Platform, shall be in compliance with the Company’s virtual asset standards. The Company may have bespoke virtual asset standards, which at a minimum, will be in compliance with VARA’s virtual asset standards as set out under VARA's Market Conduct Rulebook. [HYPERLINK TO BE INSERTED].

10.8. Payment Method. Only valid payment methods specified by us may be used to purchase Virtual Assets. By placing an order to purchase Virtual Assets via the Services, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.

10.9. No Returns or Refunds. All sales and purchases of Virtual Assets by the Company via the Services are final. We do not accept any returns or provide refunds for your purchase of Virtual Assets from the Company, except as otherwise provided in these Terms.

11. Notices 

11.1. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that the Company provides in connection with your Account and/or use of the Services. You agree that the Company may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide (collectively “Customer Contact Information”). You may also contact us through [email protected] to request additional electronic copies of Communications.

11.2. It is your responsibility to keep your Customer Contact Information up to date. If your Customer Contact Information becomes invalid such that Communications sent to you are returned or fail to be delivered, the Company may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a current, valid, accurate and up to date Customer Contact Information .

12. Acceptable and Prohibited Uses 

12.1. When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

12.1.1.Breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, provision of any of the Services;

12.1.2.Use Services for resale or commercial purposes, including transactions on behalf of other persons or entities;

12.1.3.Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;

12.1.4.Use our Services in a manner that, in our sole opinion, constitutes market manipulation including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering;

12.1.5.Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money laundering; or terrorist activities; or other illegal activities;

12.1.6.Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;

12.1.7.Use or attempt to use another user's account without authorization;

12.1.8.Use the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself;

12.1.9.Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;

12.1.10. Develop any third-party applications that interact with our Services;

12.1.11. Modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another program or application;

12.1.12. Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Platform or any components there of;

12.1.13. Provide false, inaccurate, or misleading information.

12.1.14. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the Services;

12.1.15. Use of Anonymity Enhanced Cryptocurrencies in any way or form on the Platform or through the Services;

12.1.16. You must ensure that use of any Account registered under your name will not be used by any person other than yourself or, if you are a corporate user, by such Authorized Person(s); and

12.1.17. Encourage or induce any third party to engage in any of the activities prohibited under this Section.

Termination, Suspension and Restrictions 
1. The Company may at any time modify, suspend or discontinue any portion or feature of the Services without prior notice to or any consent from you and without assigning any reason for that action.
2. In particular, the Company may: (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse any Transaction you have authorized; (ii) terminate, suspend, or restrict your access to any or all of the Services; (iii) terminate, suspend, close, hold or restrict your access to any or all of your Accounts; (iv) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators); and/or (v) take whatever action we consider necessary, in each case with immediate effect and for any reason.
3. The Company will only provide the Services for the Available Virtual Assets. We may remove or suspend one or more Available Virtual Assets and we will use reasonable commercial efforts to notify you in advance, meaning that you will no longer be able to access such Virtual Assets as part of the Services and will only be permitted to withdraw such Virtual Assets from your Account.
4. We assume no liability in connection with any attempt to use your Account for Virtual Assets that we do not support. If you send unsupported Virtual Assets to an Account or Available Virtual Assets to an incompatible Virtual Asset wallet address, then you may likely lose those Virtual Assets and we assume no liability or obligation whatsoever.
5. The Company may temporarily suspend any Services in relation to a particular Virtual Asset to determine whether or not to support a fork. We are under no obligation to support a fork of a Virtual Asset that you hold in your Account. If we elect to support a fork of a Virtual Asset, we will make a public announcement through our Platform or by such other means as we may deem appropriate. You acknowledge that we have no control over, nor do we have the ability to influence, the creation or implementation of a fork. We can provide no assurances about the security, functionality or supply of any forked Virtual Asset. You may not be able to trade the forked Virtual Assets on the Platform and you may lose any value associated with the relevant Virtual Assets.
Jurisdiction and Access to the Platform and Website 
1. The Services are not directed at or to be distributed to any persons domiciled in any jurisdiction where all or part of the Services may be illegal or otherwise prohibited or restricted by the laws, regulations, rules of a country or territory or by the order or decision of a governmental, regulatory or judicial authority. You are responsible for compliance with Applicable Laws within your jurisdiction and/or any jurisdiction from which you access the Site and/or Services. To the extent permitted by law the Company reserves the right to limit access to the Site to any person, geographic region or jurisdiction.
Intellectual Property Rights 
1. All rights, title, and interest in and to (a) Services (including without limitation, software, algorithm, content, images, and/or any other data relating to the Site and/or Services); and/or (b) all of the Company’s patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Site or the Service(s) or any derivatives thereto, and/or any part of the of the Site and Services (Collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with the Company or other third parties who are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights. The Company is the owner or the licensee of all Intellectual Property Rights on the Site and the Services, including without limitation, in relation to publications and any content or material published or made available on the Site. You agree to abide by all applicable copyright and other laws, and other additional copyright notices or restrictions contained in the Services, at all times. You agree and acknowledge that substantial time, effort, money, resources and energy has been spent by the Company and its consultants in developing and making the Services available to You. You agree to protect the intellectual property rights of the Company and of other third parties in relation to the Services.
2. The Company’s intellectual property rights shall remain vested in the Company. The Company hereby grants to you a non-exclusive license for the duration of these Terms, or until we suspend or terminate your access to the Services, whichever is sooner, to use the Company’s intellectual property rights, excluding any trade marks, solely as necessary to allow you to receive the Services for non-commercial personal or internal business use, in accordance with these Terms.
Your Representation and Warranties 
1. You hereby represent and warrant to us, at all times, that:
1.1. all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us;
1.2.all decisions made in connection with these Terms were solely and exclusively based on your own judgment and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;
1.3.you have full power, authority, and capacity to (a) access and use the Platform and/or the Services; and (b) enter into and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms;
1.4.these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms; 16.1.5.you are not a Restricted Person;
1.6.if you are a legal entity, you are duly incorporated, duly organized, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old;
1.7.your access and use of the Platform and/or the Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:
a. if you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or equivalent constitutive documents;
b. result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
c. result in you, or cause us or any third party to, breach any Applicable Law, decree or judgment of any court, or any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction.

17. Disclaimer

17.1. Access to the Site is provided on an “AS-IS” basis. The Company makes no warranties, express or implied representations or guarantees as to the merchantability and/or fitness for any particular purpose or otherwise with respect to the Site, the Products, their content or any documentation, availability in a timely and error-free manner, to the maximum extent permitted by law. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

18. Complaints 

18.1. The Company is committed to promptly, fairly, consistently, and efficiently resolving all complaints received by Clients and views complaints as an opportunity to complete the loop, and continually improve the quality of its offerings. To that end, the Company has formulated and implemented a complaints handling policy and established procedures to facilitate the handling of complaints and redressal of grievances by complainants. Any complaint, or any other expression of dissatisfaction, relating to the Services provided by the Company must be dealt with in accordance with this policy. You can access our complaints handling policy here [HYPERLINK TO BE INSERTED].

19. Data Protection 

19.1. The Company may collect, use and store the personal information which you provide from time to time including personal data within the meaning given to the terms in the Federal Decree-Law No. 45 of 2021 on personal data protection and the data protection-oriented provisions present in the Consumer Protection Standards issued by the Central Bank of the UAE and the VARA Regulations (“Data Protection Regulations”). Personal data may include information provided for the purpose of compliance with AML/CFT Laws and information deriving from transactions that you carry out on the Site. Our Privacy Policy sets out the terms on which we process any personal data and by accessing the Site, you understand and agree to such processing, and you affirm that all data provided by you is accurate and up to date. You consent to us using and holding your personal data in accordance with our Privacy Policy. Full details on how we use your personal data are available in the full privacy notice on [HYPERLINK TO BE INSERTED].

20. Limitation of Liability

20.1. Our total liability and that of our affiliates to you or any third parties in respect of any losses or damages or claims or expenses or cost or proceedings arising under or in connection with the Terms, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the value of the aggregate value of fees paid by you to the Company in respect of which such losses or direct damages or claims or expenses have been suffered or incurred by you.

20.2. You agree that we shall not be liable to you for any fraudulent transactions undertaken through your Account which is due to your direct or indirect action or inaction, willful default or gross negligence.

20.3. Notwithstanding any other clause in these Terms, in no event will we or any of our affiliates be responsible or liable to you or any other person or entity for:

20.3.1.any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs arising out of or in connection with these Terms, including but not limited to any disclosed risks, any regular or unscheduled maintenance on the Site, damage caused by actions of any other third parties, damage or interruptions caused by malware or similar, affecting the Site or your devices or data stored thereon, suspension of our business, the accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions in communication or for any interruption thereto;

20.3.2.any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Site, policies or Services;

20.3.3.any losses or damages you may incur in the event of extreme market volatility howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit, loss of opportunity even if the Company had been advised of the possibility of the same arising or that the same were reasonably foreseeable, save for any losses or damages caused by the Company’s fraud or bad faith; and/or

20.3.4.any losses forming part of a claim that has not been commenced by way of formal legal action within one calendar year of the matters giving rise to the claim. You agree and acknowledge that this clause varies any limitation period otherwise applicable by law, and that if applicable law prohibits this, this clause will be read as a limitation period of the minimum enforceable length.

3.5.the operation of the protocols underlying any Virtual Asset, their functionality, security, or availability. 

3.6.any Transaction limits applied to your Account.

20.3.7.any election by us to support or not support Virtual Assets;

21. Miscellaneous 

21.1. The following shall also apply to your use of our Site, and are deemed to be incorporated under these Terms forming an integral part of the Terms, as if set out verbatim herein:

21.1.1.Our Privacy Policy (“Privacy Policy”): [HYPERLINK TO BE INSERTED];

21.1.2.Our Risk Disclosure Statement: [HYPERLINK TO BE INSERTED];

21.1.3.Our Public Disclosures: [HYPERLINK TO BE INSERTED]; and

21.1.4.Our Complaints Handling Policy: [HYPERLINK TO BE INSERTED].

21.2. Entire Agreement. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

21.3. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the applicable Company websites and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the ‘Last Updated’ date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.

21.4. Indemnity. You agree to defend, indemnify and hold harmless the Company (and the Company’s subsidiaries, group entities, officers, directors, members, employees, agents, representatives, successors, affiliates and assigns) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Platform and Services; (b) any feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

21.5. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. To the fullest extent permitted under Applicable Law: (a) no claim or right arising out of the Terms can be discharged, in whole or in part, by a waiver or renunciation of the claim or right unless such waiver or renunciation is express in writing and signed by the Company; (b) failure to insist on strict performance of any of the terms, conditions or obligations of the Terms will not operate as a waiver or acquiescence of any subsequent default or failure of performance; and (c) no waiver by the Company of any right or provision under the Terms will be deemed to be either, a waiver of any other right or provision or a waiver of that same right or provision at any other time.

21.6. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

21.7. Force Majeure Events. The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company’s reasonable control (each, a "Force Majeure Event").

21.8. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

21.9. Survival. All clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding after such termination or expiration.

21.10. Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the United Arab Emirates, as well as in compliance with the regulatory framework of the Virtual Assets Regulatory Authority (“VARA”), including, inter alia, the Virtual Assets and Related Activities Regulations 2023 (“VARA Regulations”), and the accompanying rulebooks issued by VARA, without regard to any choice or conflict of laws rules. You agree that the Dubai Courts (excluding the Dubai International Financial Center courts) shall have exclusive jurisdiction in relation to any legal action or proceedings arising out of or in connection with these Terms and waive any objection to proceedings in such courts on the grounds that the proceedings have been brought in the wrong or inconvenient forum.

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