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Terms and Conditions

BLOCKBANK AND FIDEUM APP AND WEB APP

Last Update: 8th May, 2024

1. INTRODUCTION

1.1. The Blockbank (Fideum) App Services (described below) are provided to you by UAB HODL SERVICES and  AIDLT GLOBAL LIMITED (together with its affiliates, “Blockbank (Fideum)”).

UAB HODL SERVICES  (registration code 305984677) is a company incorporated in Lithuania operating under the license of Crypto Currency Exchange Operator and Crypto Currency Depository Wallet Operator.

UAB HODL SERVICES is authorized to provide the following services: fiat-crypto, crypto-fiat and crypto-crypto exchange and virtual asserts custody and management of client’s cryptocurrency depository wallets.

UAB HODL SERVICES covers all Crypto asset and digital assets services.

AIDLT GLOBAL LIMITED provides technology IP and platform.

1.2.These terms and conditions (“Terms” or “T&Cs”), as well as any attached country annexes and/or product schedules (together “Annex”) (if any), will apply to your use of the Blockbank (Fideum) App Services.

Please take the time to read and understand these Terms before using these services so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.

1.3.By using the Blockbank (Fideum) App Services and/or completing the sign-up process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.

1.3A. These Terms incorporate within them as though they were fully restated herein, the provisions of the following terms and policies: (i) our Privacy Policy as accessible at the following link:

https://Blockbank (Fideum)/en/privacy.html (“Privacy Policy”) and; (ii) our cookies policy accessible at the Cookies Consent banner on our Site. The provisions of the policies set out in this Clause 1.3A shall also govern your use of the Services.

1.4.Definitions and Interpretation. In these Terms:

“APP” DEFINITION OF THE APP AND WEB APP – “The term ‘APP’/”WEB APP” refers to the Blockbank (Fideum) App mobile application and desktop application, developed and provided by AIDLT GLOBAL LIMITED , which includes but is not limited to [list of features].”

“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;

“Affiliate” means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company;

“Airdrop” means a distributed or attempted distribution where an address that holds a Digital Asset receives or is allocated a certain amount of the same or another Digital Asset;

“Annex” shall have the meaning ascribed to the term in Clause 1.2;

“Business Day(s)” means any day except any Saturday, Sunday or public holiday which banking institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these T&Cs is concerned;

“Clause” means each numbered provision or section of these T&Cs;

“FI” means the FIDEUM token;

“Blockbank (Fideum)” shall have the meaning ascribed to the term in Clause 1.1;

“Blockbank (Fideum) App” means the mobile application software developed, owned and released by Blockbank (Fideum) and available for download for Android or Apple iOS, including all content and services listed in Clause 2.1 and made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof; AND WEB APP

“Blockbank (Fideum) App Services” or “Services” refers to the Service Content and all related features, services, content and applications described in Clause 2.1, which Blockbank (Fideum) may make available to you on the Blockbank (Fideum) App and Site from time to time in respect of your Digital Assets;

“Blockbank (Fideum) Stablecoins” or “CSCs” means the stable coins offered by Blockbank (Fideum) for use on the Blockbank (Fideum) App;

“Blockbank (Fideum) Visa Card” means the virtual or physical Visa prepaid card offered by Blockbank (Fideum)

“Digital Asset” means the cryptographic tokens, digital currencies, cryptocurrencies, virtual currencies or Stablecoins, or digital assets of any types not falling within the classification of a financial instrument and that have been approved by Blockbank (Fideum) for storage in the Digital Asset Wallet, a list of which is available for reference on the Blockbank (Fideum) App;

“Digital Asset Conversion” shall have the meaning ascribed to the term in Clause 2.1(c);

“Digital Asset Transfer” shall have the meaning ascribed to the term in Clause 2.1(d);

“Digital Asset Wallet” shall have the meaning ascribed to the term in Clause 2.1(a);

“Eligible Card” means any payment card that is accepted by Blockbank (Fideum) as a means of payment for Fiat to Digital Asset Conversion;

“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the Blockbank (Fideum) App and Blockbank (Fideum) App Services;

“Fees” means all fees imposed by us for the use of the Blockbank (Fideum) App Services and/or Digital Asset Wallet;

“Fiat” means the euro or other sovereign-issued currencies that are recognized legal tender in the country or territory that issued it;

“Fiat to Digital Asset Conversion” or “Fiat to DA Conversion” shall have the meaning ascribed to the term in Clause 2.1(b);

“Fiat Wallet” means one of the wallets in the Blockbank (Fideum) App which holds fiat funds;

“Force Majeure Event” means an event or failure which is beyond our reasonable control including, without limitation, (i) acts of God, nature (including without limitation, natural disasters, epidemics and pandemics), court or domestic or foreign governmental authorities; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, civil unrest, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Blockbank (Fideum) App Services;

“Fork” shall have the meaning ascribed to the term in Clause 9A.1;

“Forked Network” shall have the meaning ascribed to the term in Clause 9A.1;

“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions), whether automated or not, referable to you;

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Privacy Policy” shall have the meaning ascribed to the term in Clause 1.3A;

“Service Content” means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and Blockbank (Fideum) App;

“Site” means the website at www.Blockbank.ai and fideum.com  (Fideum);

“Stablecoins” means the stable coins offered by Blockbank (Fideum) for use on the Blockbank (Fideum) App the value of which is pegged to a particular Fiat currency;

“Lockup” or “Lock up” means the holding of Fideum/BBANK or any other Digital Assets determined to be eligible by Blockbank (Fideum) in your account for an agreed period of time;

“Taxes” means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law;

“Terms” or “T&Cs” shall have the meaning ascribed to the term in Clause 1.2;

“Third-Party Digital Wallet Application” means any digital wallet mobile application that allows users to store Eligible Card information on, and make payments with, an eligible mobile device;

“Trademarks” shall have the meaning ascribed to the term in Clause 11.1(a);

“Transaction” shall have the meaning ascribed to the term in Clause 9.1;

“Transaction History” means records of all transactions and any details relevant to such transactions on your Digital Asset Wallet;

“Unauthorised Transaction” means a Transaction that is not authorized by You. For the avoidance of doubt, a Transaction that is authorized and/or initiated by You as a result of mistake, duress, fraud, misrepresentation, inducement etc shall not constitute an Unauthorised Transaction;

“Unsupported Forked Network” shall have the meaning ascribed to the term in Clause 9A.2;

“we/us/our” means Blockbank (Fideum);

“you/your” means the individual who is the user of the Blockbank (Fideum) App Services.

2. THE SERVICES

By using the Services, you affirm that you are of legal age to enter into this agreement or have obtained parental or guardian consent. These Terms constitute a legally binding agreement between you and UAB HODL SERVICES and AIDLT GLOBAL LIMITED.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Services.

2.1.The Blockbank (Fideum) App Services shall comprise the following services:

(a) hosted Digital Asset wallets (“Digital Asset Wallet”) by Blockbank (Fideum) that allow you to store Digital Assets with Blockbank (Fideum);

(b) a Fiat conversion service under which you may convert Fiat into any type of Digital Asset to be held in your Digital Asset Wallet (“Fiat to DA Conversion”);

(c) a Digital Asset conversion service under which you may convert Digital Asset into other Digital Asset (“Digital Asset Conversion”); and

(d) a Digital Asset transfer service under which you may transfer any Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the Blockbank (Fideum) App Services or an external recipient (“Digital Asset Transfer”);

(e) any incentive programme(s) (including but not limited to any kind of reward, cashback, Lock up or referral programmes) that may be launched or offered via the Blockbank (Fideum) App or the Site from time to time where permitted under Applicable Law;

(f) purchase of gift cards;

(g) purchase of mobile airtime; and

(h) any other products or services listed in the Annexes (if any), or shown on the Blockbank (Fideum) App or our official communication channel from time to time.

You may also access some services and products which are offered by Wallester AS via the Blockbank (Fideum) App, such services and products are governed by separate sets of terms and conditions.

2.2. Subject to Applicable Law, we reserve the right and without liability to you to:

(a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Blockbank (Fideum) App Services or change any features, component or content thereof, or to delist from the Blockbank (Fideum) App Services or otherwise cease to support any Digital Asset;

(b) decline, suspend, cancel, reverse, void or partially execute any Fiat to DA Conversion, Digital Asset Conversion or Digital Asset Transfer instruction; or

(c) reverse, cancel, clawback, change any terms or refuse to honor any reward, bonus or pay-out for any incentive programs regardless of your entitlement, including but not limited to any reason specified in Clause 15.1 (a) to (g) below.

2.3. Subject to Applicable Law, we reserve the right to suspend, restrict or terminate your access to any or all our Services and to deactivate your account, including without limitation:

(a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;

(b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing any of our incentive schemes;

(c) upon reasonable suspicion that a transaction is fraudulent or erroneous;

(d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorized manner;

(e) upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime; or

(f) upon reasonable suspicion that you are conducting any fraudulent or illegal activities including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions; or

(g) where any of your Blockbank (Fideum) wallets or you are subject to pending litigation, investigation or government proceedings.

(h) upon a reasonable suspicion that you are conducting commercial speculative trading or manipulating the price of any asset or crypto currency;

(i) upon a suspicion that you are using any automatic trading, API, crawler scripts, or other methods inconsistent with ordinary use of our services;

(j) upon a suspicion that you are attempting to burden or overload our infrastructure, facilitate any viruses, malware, malicious code or other form of IT attack or attempt to gain access to our systems and information;

(k) if you seem to harass our employees, agents, or other users;

2.4. If we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions, restrictions or terminations from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed or terminated transactions at the same price or on the same terms.

2.5. Clause 2.2 above may occur to all, or any specific group, or any individual user of Blockbank (Fideum) App Services. We do not guarantee that any specific content, component and/or feature will always be available on the Blockbank (Fideum) App Services.

2.6. In the event a Digital Asset becomes delisted or unsupported for any reason, we will attempt to contact you and, to the extent practicable, provide you with an opportunity to transfer such Digital Assets out of your Digital Asset Wallet. If you fail to transfer such Digital Assets out of your Digital Asset Wallet promptly (and in no event to exceed any specific timeframe that we may specify in our communications to you), we reserve the right to liquidate such Digital Assets in your Digital Asset Wallet at the then-current price and deposit the proceeds in your Fiat Wallet (or, if you do not have a Fiat Wallet, to arrange to deliver the proceeds to you by another method).

2.7. You understand and agree that we may engage any third-party service provider or subcontractor to perform any or all the services provided hereunder. Blockbank (Fideum) shall not be liable for any delay, loss or damage of any kind incurred from any services provided by any third party service provider or subcontractor engaged by Blockbank (Fideum). All claims in connection with the act of any third party service provider or subcontractor shall be brought solely and directly against such party and/or its agents. Blockbank (Fideum)’s sole liability in relation to the services provided by any third party service provider or subcontractor shall be limited to the use of reasonable care in the selection of such party.

3. CONSIDERATIONS WHEN USING OUR SERVICES

3.1. Important disclosures relating to the custody and safeguarding of Digital Assets

(a) The Digital Assets you hold in your Digital Asset Wallet are held by us on your behalf in a ringfenced, pooled, custody account, which is segregated from our own proprietary accounts. We may, and you hereby authorize us to, hold your Digital Assets with third-party a custodial safeguarding institution(s).

(b) Such a pooled account includes Digital Assets of all Blockbank (Fideum) App users but your identity and your share of the Digital Assets in the pooled account shall be maintained in our independent records at all times, which we may make available to our custodial safeguarding institution.

(c) In the event of our, or our custodial safeguarding institutions’, insolvency, your Digital Assets cannot be used for the payment of our, or our custodial safeguarding institutions’, debts, and your right and ability to redeem your Digital Assets from us, or directly from our custodial safeguarding institutions, will not be affected.

(d) You agree and authorize us to redeem any Digital Assets from our custodial safeguarding institution on your behalf, and you also agree and authorized us to transfer such Digital Assets to another custody account with a replacement custodial safeguarding institution at our discretion in line with Applicable Laws.

(e) No lien over or security interest shall be created in the Digital Assets held by us on your behalf by us or by our custodial safeguarding institution.

(f) Subject to Applicable Law, you acknowledge and agree that we and/or our custodial safeguarding institution may safeguard your Stablecoins with: (i) the same Stablecoin you hold in your Digital Asset Wallet; (ii) another Stablecoin denominated in the same Fiat currency; (iii) the Fiat currency that the Stablecoins in your Digital Asset Wallet are pegged to.

3.2. General Risks

(a) Please note that all transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Assets transfers, to and from external wallet addresses, that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.

(b) In any transfer of Digital Assets, there is always a risk that the Digital Assets can be lost due to the collapse of the community that supports Digital Asset transfers, or the failure or bankruptcy of the issuers and/or managers of that Digital Asset. In such scenarios, your Digital Assets could lose significant value and/or be lost all together.

(c) The risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any Blockbank (Fideum) App Services which allow you and/or third parties to access and hold Digital Asset private keys, and if you seld custody your assets using the non-custodial wallet of the App, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control.

(d) We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of Digital Assets, including graphs displayed within the Blockbank (Fideum) App showing the price fluctuations of Digital Assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the Blockbank (Fideum) App Services were delayed, suspended, or interrupted for any reason.

(e) We do not provide investment advice tax advice, financial advice or any other professional advice and any content on the Blockbank (Fideum) App and Site should not be considered as such advice or a substitute for tailored investment, financial advice. The contents of the Blockbank (Fideum) App and Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The contents of the Blockbank (Fideum) App and Site should. The contents of the Blockbank (Fideum) App and Site should not be used as a basis for making investment decisions and should not be construed as an attempt to market or promote any type of Digital Asset.

(f) Your Digital Asset Wallet is not a depository account. Funds stored in your Digital Asset Wallet do not earn any interest unless otherwise stated and they are not protected by any government-backed depositor compensation, insurance or guarantee scheme. 

4. ONBOARDING

To use certain Services features, you need to register and create an account. You are responsible for maintaining the confidentiality of your account information, including private keys and passwords. Notify Blockbank (Fideum) immediately of any unauthorised use or security breaches.

4.1.By signing up to use the Blockbank (Fideum) App Services, you represent and warrant that:

(a) you are at least eighteen (18) years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;

(b) you have the full right, legal capacity, and authority to agree to be bound to these Terms;

(c) you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which Blockbank (Fideum) has notified as being subject to prohibitions or restrictions on accessing or using the Blockbank (Fideum) App Services; Please specifically see Clause 9D. hereof for the United Kingdom related No-Service regimen.

(d) you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind;

(e) you are the authorised user of your Enabled Device, and your Enabled Device is not jailbroken, meaning that you have not, nor are you aware of anyone having, used an exploit to remove manufacturer or carrier restrictions from the relevant device;

(f) you are not currently registered as a user of the Blockbank (Fideum) App Services;

(g) you are not impersonating any other person, operating under an alias or otherwise concealing your identity;

(h) you are not located in, under the control of, or a national or resident of (i) any international sanctioned countries, or (ii) any country to which the United States has embargoed goods or services; and (iii) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control of the U.S. Department of the Treasury;

(i) you are not placed on the U.S. Department of Commerce, Bureau of Industry and Security’s Denied Persons List;

(j) you will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;

(k) you will use our Services solely for your own personal use only and not for any commercial or business purposes;

(l) you are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity;

(m) you are the beneficial owner of (or if you are acting as a trustee, the legal owner) of any Digital Asset or fiat currency subject to these Terms and forming the subject matter of the Services; and

(n) you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.

4.2. In order to use the Blockbank (Fideum) App Services, you must register as a user on the Blockbank (Fideum) App, and provide us with all information and/or documents requested by us. Except where permitted by Applicable Law, all information and documents must be in English (including such information and/or documents as may be required by us from time to time for compliance with Applicable Laws) in order to process your registration. If the documents you provide are not in the English language (except where permitted by Applicable Law, Blockbank (Fideum) shall not be responsible for the translation of any non-English documents and shall not be obliged to process or review any documents that are not in English.

4.3. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of the Blockbank (Fideum) App Services, including but not limited: to identify you or authenticate your identity, validate your funding sources or transactions or verify your source(s) of income and/ or wealth. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.

4.4. We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate or limit your use of the Blockbank (Fideum) App Services or your account, and/or to change the eligibility criteria for registration or use of the Blockbank (Fideum) App Services at any time.

4.5. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge and agree that we or a third party on our behalf will carry out such verifications.

4.6. You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third-party service providers, is always complete, accurate and up-to-date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third party service providers which such revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or else in the course of your engagement with the Blockbank (Fideum) App Services. If at any time we believe that your information is incomplete, outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up to date information may result in your inability to or adversely affect your use of the Blockbank (Fideum) App Services. You undertake to indemnify us, our Affiliates and any third-party service providers for any and all losses incurred as a result of your failure to provide complete, accurate and up-to-date information at any point prior to and following termination of the Blockbank (Fideum) Services. Thus, as well, all and any notices sent by us to you using the last contacts you provided will be deemed as sent to an eligible recipient, i.e. you, and received by you, and no arguments of contact information discrepancy or failure to receive the notices due to contact change will be valid.

4.7. At the time you sign up for Blockbank (Fideum) App Services or at any time in the future after signing up for Blockbank (Fideum) App Services, you authorize us to undertake electronic identity verification checks on you, either directly or by using relevant third-party service providers.

4.8. Notwithstanding any Terms hereunder or your successful completion of the signing up process in accordance with Clause 4.2 above, you acknowledge and agree that certain types of users are specifically prohibited from using certain features within the Blockbank (Fideum) App Services. You further represent and warrant that in relation to the use of CSCs on the Blockbank (Fideum) App or any of the Blockbank (Fideum) App Services, you are not located in, under the jurisdiction of, or a national or resident of any of the countries, states, and jurisdictions listed here.

5. THE BLOCKBANK (FIDEUM) APP

5.1 The Blockbank (Fideum) App gives you interactive access to your Digital Asset Wallet, including allowing

you to perform one or more of the following actions:

(a) view the balance and Transaction History of your Digital Asset Wallet;

(b) obtain instructions on how to load your Digital Asset Wallet;

(c) request for a Digital Asset Transfer from your balance held in your Digital Asset Wallet;

(d) request a Digital Asset Conversion; and

(e) request a Fiat to DA Conversion.

5.2 Subject always to your continuing compliance with these Terms, we grant to you a limited, nontransferable, non-exclusive licence to use the Blockbank (Fideum) App insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved. Some software components used in the Blockbank (Fideum) App may be offered under an open source or other licence as we may notify to you, in which case your use of those components of the Blockbank (Fideum) App shall be governed by such license terms to the extent only of any inconsistency between these Terms and those licence terms.

5.3 Fees and account balances in the Blockbank (Fideum) App are not rounded, however, they may be displayed to you as rounded up or down to the nearest four decimal places.

5.4 You acknowledge and agree that your use of the Blockbank (Fideum) App Services is at all times subject to your compliance with these Terms and all other applicable terms.

6. YOUR DEVICE

6.1 You acknowledge and agree that, in connection with your use of the Blockbank (Fideum) App, you shall be responsible for the following, at your own cost:

(a) obtaining and installing all hardware, software and communications services necessary for your use of the Blockbank (Fideum) App in accordance with these Terms;

(b) installing antivirus or other mobile security software on your Enabled Device to protect against any security or other vulnerabilities which may arise in connection with your use of the Blockbank (Fideum) App in accordance with these Terms; and

(c) installing updates and patches for the Blockbank (Fideum) App and your Enabled Device in a prompt and timely manner.

6.2 Without prejudice to the foregoing and any other terms in these Terms, we assume that any and all Instructions received from your Enabled Device have been made by the rightful owner. You are solely responsible and liable for keeping your Enabled Device safe and maintaining adequate security and control of your login and authentication details (including, but not limited to, your username, and password), and shall likewise be solely responsible for any access to and use of the Blockbank (Fideum) App and the Services through your Enabled Device, notwithstanding that such access and/or use may have been effected without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such access and/or use.

6.3 Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorized way, you shall notify us of the loss and/or theft or unauthorised access and/or use by emailing us at [email protected] . In addition, where your Enabled Device has been accessed or used in an unauthorized manner, you should, as soon as possible, reset the login and authentication details on your Enabled Device.

7. TOP-UPS TO DIGITAL ASSET WALLET AND DIGITAL ASSET TRANSFERS

7.1. Top-ups to your Digital Asset Wallet from an External Wallet

(a) You may load Digital Asset(s) to your Digital Asset Wallet by effecting a transfer of such Digital Asset from any external wallet to the relevant address for your Digital Asset Wallet, which will be available on the Blockbank (Fideum) App.

(b) You acknowledge and agree that it is your responsibility to ensure that: (i) the correct address, memo and destination tag for your Digital Asset Wallet (as reflected on the Blockbank (Fideum) App) is entered when you effect a transfer of Digital Asset from your external wallet to your Digital Asset Wallet; and (ii) only the Digital Assets that are supported by the Digital Asset Wallet will be transferred to your Digital Asset Wallet.

(c) You also acknowledge that: (1) the transfer of any Digital Asset to an incorrect address (i.e. an address other than the correct address for your Digital Asset Wallet); or (2) the transfer of any type of Digital Asset that is not supported by the Digital Asset Wallet will result in the irreversible loss of such Digital Asset. We shall bear no liability for any such loss of Digital Assets.

(d) A transfer of Digital Asset to your Digital Asset Wallet is only deemed to be confirmed when the balance of your Digital Asset Wallet (as reflected in the Blockbank (Fideum) App) has been updated to reflect such transfer.

(e) Blockbank (Fideum) reserves the right to reject any transfer of Digital Asset to your Digital Asset Wallet. In such a scenario, the relevant Digital Asset will not be credited to your Digital Asset Wallet and Blockbank (Fideum) will effect a transfer of the same amount of the relevant Digital Asset, less any applicable fees, back to the address from which it was sent.

7.2. Digital Asset Transfers

(a) You may transfer any Digital Asset from your Digital Asset Wallet to a specified external address or to another Blockbank (Fideum) App user via the Blockbank (Fideum) App, with the exception of certain Digital Assets which are not supported in respect of Digital Asset Transfers, as determined by Blockbank (Fideum) at its sole discretion, and subject to change from time to time.

(b) Blockbank (Fideum) processes all Digital Asset Transfers according to the Instructions received from you and does not guarantee the identity of any recipient. You should verify all transaction information prior to submitting Instructions for a Digital Asset Transfer to Blockbank (Fideum) as the Digital Asset Transfer may not be cancelled or reversed once processed by Blockbank (Fideum) unless Blockbank (Fideum) decides at it sole discretion that the transaction should be cancelled or reversed and is technically capable of suc cancellation or reversal. You acknowledge that you are responsible for ensuring the accuracy of any Instructions submitted to Blockbank (Fideum) and that any errors may result in the irreversible loss of your Digital Asset.

(c) You agree to have sufficient Digital Asset in your Digital Asset Wallet prior to instructing Blockbank (Fideum) to effect any Digital Asset Transfer. If the Digital Assets in your Digital Asset Wallet are insufficient to cover the amount required for Blockbank (Fideum) to complete the Digital Asset Transfer, Blockbank (Fideum) will not proceed to effect the Digital Asset Transfer and Blockbank (Fideum) is under no obligation to attempt to fulfil your Digital Asset Transfer using an alternative method of transfer. Notwithstanding the foregoing, where Blockbank (Fideum) determines in its sole discretion to effect such transfer, you hereby authorise us to debit any of your Digital Asset Wallet(s) for the full amount required for Blockbank (Fideum) to complete the Digital Asset Transfer.

(d) We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell from or to a third party. We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Assets transferred from your Digital Asset Wallet, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.

8. FIAT TO DA CONVERSIONS

8.1. When effecting a Fiat to DA Conversion, you are buying such Digital Asset from Blockbank (Fideum) directly. In this capacity, Blockbank (Fideum) will be dealing as a principal on its own account and will not be acting as an intermediary or marketplace between other buyers and sellers of Digital Asset.

8.2. For a Fiat to DA Conversion to be effected, you may effect a payment to Blockbank (Fideum) via:

(a) your Eligible Card by providing your Eligible Card details, as well as the relevant amount to be converted, through the Blockbank (Fideum) App. In such case, you acknowledge that the transfer of Fiat will depend on the performance of such transfer by your bank or payment card issuer(s). Upon Blockbank (Fideum)’s receipt of confirmation that such Eligible Card transaction has been authorised, Blockbank (Fideum) will credit the relevant amount of Digital Asset to your Digital Asset Wallet;

(b) a Third-Party Digital Wallet Application, if you already have an Eligible Card linked in such ThirdParty Digital Wallet Application on your Enabled Device, through the Blockbank (Fideum) App. Upon Blockbank (Fideum)’s successful confirmation and authentication of such Eligible Card transaction has been authorized, Blockbank (Fideum) will credit the relevant amount of Digital Asset to your Digital Asset Wallet; or

(c) such other additional payment methods or payment instruments that Blockbank (Fideum) may from time to time approve. You agree that only payment instruments which are issued to and/or registered in your name will be used to effect payments to Blockbank (Fideum) for Fiat to DA Conversions.

8.3. All Fiat to DA Conversions are irreversible and final once you have provided the relevant Instructions and/or payments to Blockbank (Fideum) and you may not change, withdraw or cancel the authorisation to us as applicable to complete any pending or partially completed transactions. We shall not be liable for any partially completed transactions or delays in the processing of your instructions, or inability to process your instructions due to delay, failure or interruption in, or unavailability of a Third-Party Digital Wallet Application. If your payment is not successful or if your payment instrument has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment instruments, including balances on your Fiat Wallet for any amount necessary to complete the transaction.

8.4. We reserve the right to cease any Third-Party Digital Wallet Application functionality enabled in the Blockbank (Fideum) App at our sole discretion without notice to you.

8.5. We do not guarantee the availability of any exchange rate.

8.6. You shall be responsible for any fees charged by your bank or payment card issuer(s) (including but not limited to any international transaction fees, cash advance fees and transfer to overseas service charges) relating to the purchase of Digital Assets with your payment card. Some banks or credit card issuers may treat the purchasing of Digital Assets with credit card as cash advance which may incur a high fee or interest rate. If you are in doubt, please check with your bank or payment card issuer prior to the purchasing of any Digital Assets.

9. OTHER PROVISIONS APPLICABLE TO OUR SERVICES

9.1.Blockbank (Fideum) reserves the right to, in its sole discretion, refuse to process or to cancel any pending request from you for any Digital Asset Transfer, Digital Asset Conversion or Fiat to DA Conversion (each, a “Transaction”), including for purposes of compliance with Applicable Law.

9.2. Blockbank (Fideum) securely stores Digital Assets private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Blockbank (Fideum) to retrieve this information from offline storage in order to facilitate a Transaction in accordance with your Instructions, which may delay the initiation or crediting of such Transaction for 48 hours or more. As a user of the Blockbank (Fideum) App Services, you accept the risk that a Transaction facilitated by Blockbank (Fideum) may be delayed and you agree not to hold Blockbank (Fideum) responsible for any loss or damage arising out of or related to such delay.

9.3. It is your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions associated with your receipt or transfer of Digital Assets, and/or to the Transactions you conduct, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your Transaction History is available through the Blockbank (Fideum) App. We are not obligated to, nor will we determine whether, and to what extent, Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

9.4. The loading of Digital Asset to your Digital Asset Wallet and/or any Transaction are subject to limits imposed by Blockbank (Fideum) (as may be amended from time to time in Blockbank (Fideum)’s sole discretion). Such limits are set out in the “Fees & Limits” section in the Blockbank (Fideum) App but Blockbank (Fideum) may, in its sole discretion, apply different limits to you specifically. We may also require you to submit additional information about yourself or any Transaction you have effected.

9A. FORK

9A.1 You agree and understand that the underlying protocols of the Digital Assets’ networks are subject to changes (each a “Fork”), which are exogenous to Blockbank (Fideum) and may result in more than one version of such network (each a “Forked Network”). You further agree and understand that Forks may materially affect the value, function, and/or name, and may result in loss of control or ownership, of the Digital Assets you hold in your Digital Asset Wallet.

9A.2. If a Fork occurs, it will result in the creation of a new Digital Asset (the “New Forked Asset”) related to an existing Digital Asset (the “Prior Asset”). You further understand, acknowledge and agree that each Fork may materially affect the value, function, and/or name, and may result in loss of control or ownership, of the Prior Asset that we hold in your Blockbank (Fideum) account, and that the New Forked Asset and/or Prior Asset may have minimal or no value.

9A.3 Upon becoming aware of a Fork and to the extent that we have any rights or are able to take any action, in the event of a Fork, Blockbank (Fideum) may, in our sole discretion, temporarily suspend or amend any Blockbank (Fideum) App Services or any Digital Assets for an extended period of time (with or without advance notice to you) until we have determined that such functionality can be restored. We may also determine, in our sole discretion, whether or not to support the Forked Network(s) and who should have ownership or receive New Forked Assets and/or benefits (if any). This could occur with potentially little or no warning and your ability to use the Services or Digital Assets may be limited and subject to the Fork. In the event that Blockbank (Fideum) decides not to support any such Forked Network (“Unsupported Forked Network”), the New Forked Assets offered by such Unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion obtain and retain the New Forked Assets offered by such Unsupported Forked Network as property belonging solely to Blockbank (Fideum).

9A.4 You understand, acknowledge and agree that you have no right, claim or privilege in, or with respect to, any New Forked Asset. If we do not support a New Forked Asset, you may not be able to withdraw the New Forked Asset promptly or at all; you may not be able to trade the New Forked Asset on the Blockbank (Fideum) App or otherwise on our platform; and you may lose any value associated with such New Forked Asset.

9A.5 If we determine not to support a New Forked Asset, we may, in our sole discretion:

(i) obtain and retain the New Forked Asset as property belonging to us; or

(ii) make the New Forked Asset available to you on a one-time basis, based on your holding of the Prior Asset at the time of the Fork, subject to the withholding and retention by us of an amount reasonably calculated to fairly compensate us for the cost of making such New Forked Asset available and subject to our withdrawal procedures. We will notify you only if we elect to permit a one-time withdrawal pursuant to (ii) above.

9A.6 You acknowledge the risks presented by Forks and hereby accept that we have no responsibility for any losses or damage arising as a result of an Unsupported Forked Network.

9A.7 WE HAVE NO CONTROL OVER, NOR DO WE HAVE THE ABILITY TO INFLUENCE, THE CREATION OR IMPLEMENTATION OF A FORK OR OF THE NEW FORKED ASSET. WE CAN PROVIDE NO ASSURANCES ABOUT THE SECURITY, FUNCTIONALITY OR SUPPLY OF ANY DIGITAL ASSET, INCLUDING BOTH THE NEW FORKED ASSET AND THE PRIOR ASSET. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY RELATING TO ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSET (WHETHER OR NOT RESULTING FROM A FORK). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A FORK COULD CONSTITUTE A FORCE MAJEURE EVENT BEYOND OUR REASONABLE CONTROL, WHICH COULD AFFECT THE VALUE OF YOUR DIGITAL ASSETS, AND THAT BLOCKBANK (FIDEUM) DOES NOT ASSUME ANY LIABILITY FOR LOSSES RESULTING FROM SUCH EVENTS.

9B. ACCOUNT PROTECTION

By using our services, you acknowledge and agree that you are fully responsible for the protection of your account, and you understand the importance of adhering to the security guidelines outlined in these terms and conditions.

Whether you have entrusted your account to a custodian or you are managing it through a non-custodial service, you must exercise diligence in protecting your account. The security practices outlined herein apply to both types of accounts.

You are solely responsible for the security and protection of your account, whether it is a custodial or non-custodial account. This includes, but is not limited to, safeguarding your login credentials, implementing two-factor authentication, and regularly monitoring your account activity.

Your account security is of utmost importance. Whether you are using a custodial or non-custodial account, it is crucial that you take proactive measures to safeguard your account information

Take the following measures to enhance the security of your account:

  • Use strong, unique passwords.
  • Enable two-factor authentication (2FA) whenever possible.
  • Regularly update your login credentials.
  • Be cautious of phishing attempts and fraudulent activities.
  • Review your account activity regularly for any unauthorized access.

9C. AIRDROPS

9C.1 In the event of an Airdrop, Blockbank (Fideum) may temporarily suspend any Blockbank (Fideum) App Services or any Digital Assets for an extended period of time (with or without advance notice to you) until we have determined that such functionality can be restored. This could occur with potentially little or no warning and your ability to use the Services or Digital Assets may be limited and subject to the Airdrop.

9C.2 Upon becoming aware of an Airdrop and to the extent that we have any rights or are able to take any action, we may in our sole discretion determine whether to credit any Digital Assets and/or benefits received by us to a Blockbank (Fideum) account or participate in an Airdrop, and upon what terms to do so, such decision regarding the Digital Assets and/or benefits remains with us at all times. We will not be liable to you for failure to credit any Digital Asset and/or benefits to you or participate in any Airdrop. If we do not support an Airdrop, we may claim such Airdrop and any Digital Asset and/or benefits in relation to it, for our own benefit (unless it is unavoidable or impractical to avoid based on the means of distribution). Where due to an Airdrop, any airdropped Digital Assets and/or benefits in respect of any Digital Assets have been received by you directly, we may claim such airdropped Digital Assets and/or benefits from you and you agree to return such airdropped Digital Assets and/or benefits to us. You further agree that any Digital Assets and/or benefits in relation to an Airdrop does not create or represent any relationship between us and the sender and/or the related Digital Asset network, and that we are not subject to any obligations whatsoever as they relate to the sender and/or the related Digital Asset network.

9D. No Service provision for the United Kingdom Customers

9D.1. Commencing on the 8th of October 2023, Blockbank (Fideum) acknowledges and adheres to the updated regulatory framework concerning crypto asset financial promotions within the United Kingdom (UK), known as the Financial Promotions Regime. In compliance with these regulations, Blockbank (Fideum) affirms that any financial promotion disseminated through channels originating outside of the UK shall not be deemed capable of influencing individuals within the jurisdiction of the United Kingdom.

9D.2. This determination stems from the inherent inability of UK consumers to access and engage with crypto asset promotions owned by Blockbank (Fideum) through various mediums including, but not limited to, websites, applications, and social media platforms.

9D.3. To effectuate this regulatory compliance, measures have been implemented – prohibiting access to Blockbank (Fideum) services within its platforms, including websites and applications, from IP addresses originating within the United Kingdom. Furthermore, the verification of users hailing from the United Kingdom, as per the documentation provided, is expressly prohibited in alignment with the prescribed regulatory directives.

10. FEES

10.1. Your use of the Blockbank (Fideum) App Services may be subject to certain Fees, which will, if applicable, be debited from your Digital Asset Wallet. The list of applicable Fees are set out on the Blockbank (Fideum) App nd may be updated by Blockbank (Fideum) from time to time.

10.2. All applicable Fees listed on the Blockbank (Fideum) App and the Site are exclusive of any applicable Taxes and the actual Fee charged will be increased to account for any such applicable Taxes.

10.3 Blockbank (Fideum) will issue a payment notice to you for any Fees or amount that you owe us, including but not limited to any amount owed to us as a result of us exercising our rights under Clauses 2.2(b) or (c). If such amount is not repaid within 14 days from the date of notification, you confirm and authorize Blockbank (Fideum) to recover such amount from any of your accounts with Blockbank (Fideum) by debiting any assets in those accounts.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. You acknowledge and agree that:

(a) the Blockbank (Fideum) trademarks and logos, and any other logos, service marks, product names and other proprietary indicia used by us in the Blockbank (Fideum) App, on the Site or elsewhere are the property of either Blockbank (Fideum) or third party licensors (collectively, the ” Trademarks”);

(b) the intellectual property rights in and to the Blockbank (Fideum) App Services are either owned by us or licensed to us by thirdparty licensors;

(c) other than the licence expressly granted by you in these Terms, no other rights are granted to you in respect of either the Trademarks, the Blockbank (Fideum) App or the Blockbank (Fideum) App Services; and

(d) no part or parts of the Blockbank (Fideum) App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.

12. CONDUCT THIS IS VERY IMPORTANT AS IT PROTECTS AS A PLATFORM, PLEASE HAVE A LOOK HOW WE CAN RE-ENFORCE IT MORE

12.1. Without prejudice to the foregoing, you undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):

(a) use the Blockbank (Fideum) App to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk mail or chain letters;

(b) use the Blockbank (Fideum) App to perform illegal, unlawful or immoral activities (including but not limited to money laundering, terrorism financing and fraudulent activities);

(c) use the Blockbank (Fideum) App to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is unlawful, immoral or illegal or contains any other harmful or deleterious program;

(d) modify or adapt the whole or any part of the Blockbank (Fideum) App or combine or incorporate the Blockbank (Fideum) App into another other programme or application;

(e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Blockbank (Fideum) App or any components thereof;

(f) use the Blockbank (Fideum) App in any manner that would lead to the infringement of our, our Affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;

(g) use the Blockbank (Fideum) App in a way that could damage, disable, impair or compromise the Blockbank (Fideum) App or the provision of the Blockbank (Fideum) App Services (or the systems or security of the Blockbank (Fideum) App or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Blockbank (Fideum). You undertake not to gain or attempt to gain unauthorized access to the account or wallets of other Blockbank (Fideum) users;

(h) take any action that imposes an unreasonable or disproportionately large burden or load on the Blockbank (Fideum) infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) or detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Services;

(i) engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;

(j) provide false, inaccurate, incomplete or misleading information to Blockbank (Fideum) or any of its Affiliates or third party services providers;

(k) deposit with Blockbank (Fideum) any Digital Assets or Fiat forming part of the proceeds of any criminal or unlawful activity; or

(l) demonstrate or use any abusive, threatening and/or violent behaviour or language towards our personnel.

13. DATA PROTECTION

13.1. By using the Blockbank (Fideum) App Services, you confirm that you have read, understood and accepted our Privacy Policy and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the Blockbank (Fideum) App Services or otherwise if required by Applicable Law or any of our counterparty who are controllers of your data. Such a data controller will manage and protect your personal data in accordance with all Applicable Law including but limited to data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy, which is accessible at https://blockbank.ai/privacy-policy/ .

13.2. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes. We will either seek your consent expressly or deem your consent to be provided by conduct in accepting the terms set out in these Terms, for the purposes of obtaining any of your Personal Data from any entity of the Blockbank (Fideum) group with which you may have signed other agreements and provided identical Personal Data to in the course of obtaining other products and services from such entity. You understand and accept that this may involve a transfer of your Personal Data across jurisdictions (which may have different standards or applicable laws in relation to personal data collection, use, disclosure, transfer, access and/or editing). If you are not comfortable with this, please do not accept these Terms.

14. ELECTRONIC COMMUNICATIONS

14.1. You shall accept full responsibility for the security and authenticity of all Instructions sent via the Blockbank (Fideum) App and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from your Enabled Device via the Blockbank (Fideum) App are yours. We shall be under no obligation whatsoever to verify that such Instructions are in fact yours.

14.2. You are aware that Instructions and information transmitted via the Blockbank (Fideum) App are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will in fact be completely protected against such unauthorised access, and you accept these associated risks.

14.3. Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt. In addition, any Instructions sent by you to any third parties (for example, network merchants) shall only be deemed to have been received by such third parties in accordance with their terms and conditions.

14.4. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of despatch and receipt of electronic communication, to the maximum extent permitted under Applicable Law, such terms shall not apply to your use of the Blockbank (Fideum) App Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorized interceptions by third parties or duplicates.

14.5. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Blockbank (Fideum) App Services, our records (including electronic, computer and microfilm stored records) of all matters relating to your use of the Blockbank (Fideum) App Services and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under Applicable Law as it relates to evidentiary law, rules and/or regulations.

15. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE

15.1. Subject to Applicable Law, Blockbank (Fideum) may at any time and without liability to you, terminate, suspend, or limit your use of the Blockbank (Fideum) App Services (including but not limited to freezing the Digital Assets in your account or freezing or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing, cancelling or voiding any Transactions that have been effected) for any reason, including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where Blockbank (Fideum) suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorist financing and fraudulent activities); (d) to remedy the effects of any defect in or compromise to any information system upon which Blockbank (Fideum) relies on; (e) as may be informed by its internal monitoring policy and the profile of spending reasonably anticipated for the type of consumer group you belong to; (f) in Blockbank (Fideum)’s opinion that an order or Ttransaction has been executed based on an aberrant value; or (g) in Blockbank (Fideum)’s opinion, you are intentionally abusing the Blockbank (Fideum) Services and products, or engaging in actions to defame, abuse, harass, stalk, threaten or otherwise violate any of the rights of Blockbank (Fideum) and/or it’s employees

15.2. Your obligations under these Terms will continue in the event of such suspension or termination described in Clause 15.1 above.

15.3. You shall not be entitled to any payment, compensation or damages from us in relation to any suspension, reversal or termination of your use of the Blockbank (Fideum) App Services for any reason whatsoever. Any limitation, suspension or termination of your use of the Blockbank (Fideum) App Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such limitation, suspension or termination, has already accrued.

15.4. Our rights of limitation, suspension and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, Applicable Law or otherwise).

15.5. If you wish to suspend or terminate your access to and use of any of the Blockbank (Fideum) App Services or close your account, you are required to submit a request to Blockbank (Fideum) in such manner and form and accompanied by such information and supporting documentation, including as necessary for verifying your identity and the authenticity of the instructions received, as may be required by us to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.

15.5.A If, at the time of the submission of your account closure request, your account has any outstanding or ongoing obligations, commitments or activities, including but not limited to any Lock up or any amount due to Blockbank (Fideum), you agree that Blockbank (Fideum) shall not be obliged to process such closure request until all such obligations, activities or commitments have been discharged or expired.

15.6. If you have a remaining balance in your account which has been suspended or closed, you are entitled to recover such Digital Assets from your Digital Asset Wallet and Fiat from your Fiat Wallet unless we are prohibited by law or a court order to release such Digital Assets or Fiat, respectively, or where we have reasonable grounds to suspect that such Digital Assets or fiat were obtained through fraud or any unlawful means or connected with any criminal activities. If you have any questions about this Clause, please contact us at [email protected]

15.7 Subject to Applicable Law, we may at any time and with appropriate notice to you (i) set off any amount we owe you against any amount that you owe us; or (ii) recover any amount you owe us (in either case, whether or not the obligation is matured or contingent and irrespective of the currency, asset or place of payment). Any amounts that are so set off will be discharged promptly and in all respects.

16. CUSTOMER FEEDBACK, QUERIES, AND COMPLAINTS

16.1. If you have any feedback, questions or complaints, please contact us via email at [email protected] or through our live chat available on the Blockbank (Fideum) App. Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us up to 45 days to resolve and get back to you. You accept and agree that we shall not be responsible for any loss and damage incurred during such period.

17. LIMITATION OF LIABILITY

17.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING TITLE, NON-INFRINGEMENT, TIMELINESS, QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE BLOCKBANK (FIDEUM) APP SERVICES PROVIDED UNDER THESE TERMS. ADDITIONALLY, BLOCKBANK (FIDEUM) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE BLOCKBANK (FIDEUM) ATTEMPTS TO MAKE YOUR USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR LIABILITY IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT OUR OPTION, TO ANY ONE OF:

(i) RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR

(ii) PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.

17.2.NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS:

(i) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS);

(ii) ARISING FROM OR IN CONNECTION WITH:

(A) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE BLOCKBANK (FIDEUM) APP OR BLOCKBANK (FIDEUM) APP SERVICES;

(B) ANY REFUSAL TO PROCESS OR AUTHORISE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;

(C) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE BLOCKBANK (FIDEUM) APP, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES;

(D) USE OF YOUR ENABLED DEVICE AND THE BLOCKBANK (FIDEUM) APP SERVICES BY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORISED BY YOU;

(E) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE;

(F) ANY UNAUTHORISED OR INELIGIBLE USE OF THE BLOCKBANK (FIDEUM) APP SERVICES CONTRARY TO THESE TERMS;

(iii) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR COURT ORDERS;

(iv) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER INTANGIBLE LOSSES, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER OUR OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND

(v) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.

17.3.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES YOU PAID US FOR YOUR USE OF THE SERVICES DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

17.4. Subject to Applicable Law, we shall not be liable for fault on the part of any third party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third party service providers (but not of any subcontractor or other third party such third party service provider may use).

17.5. Nothing in these Terms shall operate to limit or exclude any liability for fraud, gross negligence or for death or personal injury resulting from negligence.

17.6.THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THESE TERMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO COURT OR ADJUDICATOR MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE BLOCKBANK (FIDEUM) APP SERVICES CANNOT AND MAY NOT AFFECT ANY OTHER USERS.

17.7. Exclusion of Damages

17.7.1 Consequential Damages: In no event shall Blockbank (Fideum) App or Site be liable for any indirect, incidental, special, consequential, or punitive damages.

17.7.2. Limitation of Liability: Our total liability, whether in contract, tort (including negligence), or otherwise, arising out of or relating to the platform, shall not exceed the amount paid by the user, if any, for accessing or using the platform.

18. INDEMNIFICATION

18.1. You agree to indemnify and hold Blockbank (Fideum) and its third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the Blockbank (Fideum) App and/or the Blockbank (Fideum) App Services; and (c) your violation of any Applicable Laws or regulations of any jurisdiction, or the rights of any third party.

19. AMENDMENT AND VARIATION

19.1. These Terms may from time to time be updated or amended. We will post any such updates on the Blockbank (Fideum) App or Site and an alert notification will be sent to you. Such updated Terms as posted will take effect [immediately] unless otherwise indicated. You should regularly check the Blockbank (Fideum) App and Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Blockbank (Fideum) App without prior notice by posting the revised version on the App and Website and if the revision is material, Blockbank (Fideum) will make a notice of such on the Website or otherwise notify you. By continuing to use the Blockbank (Fideum) App and/or the Blockbank (Fideum) App Services after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Blockbank (Fideum) App. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Blockbank (Fideum) App and/or the Blockbank (Fideum) App Services immediately. 

20. TRANSFER, ASSIGNMENT OR DELEGATION

20.1. These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Blockbank (Fideum) group, or to any successor in interest of any business associated with the Blockbank (Fideum) App Services. Any attempted transfer or assignment in violation hereof shall be null and void.

21. SEVERABILITY

21.1. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.

22. ENTIRE AGREEMENT / TRANSLATION

22.1. These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

22.2. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail (except where expressly prohibited by law).

23. WAIVER

23.1. These Terms shall not be waived in whole or in part except where agreed by all parties in writing.

23.2. The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

24. NOTICES AND COMMUNICATIONS

24.1. By using the Blockbank (Fideum) App Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Blockbank (Fideum) App Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

24.2. Notices to us should be sent electronically to our support system at [email protected]

25. THIRD PARTY RIGHTS

25.1. Other than any entities within the Blockbank (Fideum) group, a person who is not a party in these Terms has no right to enforce any of these Terms.

26. DISCLAIMERS

26.1. User Responsibility: Users acknowledge and agree that the use of the platform is at their sole risk. Blockbank (Fideum) shall not be responsible for any unauthorized access, loss, or damage to user data.

26.2. Availability: We do not guarantee continuous, uninterrupted access to the platform, and we reserve the right to suspend, modify, or discontinue any aspect of the platform at any time.

26.3. Accuracy: While we strive for accuracy, Blockbank (Fideum) does not warrant or guarantee the accuracy, completeness, or reliability of any content provided through the platform.

26.4. User-Generated Content: Users are solely responsible for the accuracy and legality of the content they upload or share on the platform.

26.5. External Websites: The platform may contain links to third-party websites. We are not responsible for the content or accuracy of any linked site.

26.6. Endorsement: Inclusion of third-party links does not imply an endorsement or recommendation by Blockbank (Fideum)

26.7. Third-Party Services: We do not warrant or guarantee the functionality or security of any third-party services integrated with the platform.

27. GOVERNING LAW AND JURISDICTION

27.1. These Terms are governed by and shall be construed in accordance with the laws of Lithuania without regard to any choice or conflict of laws rules.