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Affiliate Terms
Borrow Terms
Cookies Policy
Defi Terms
Earn Terms
Exchange Terms
Terms of Services
Privacy Policy
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Services Terms
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Terms and Conditions
Sarrafe Affiliate Program General Terms and Conditions
I. GENERAL RULES
1.1.
The Sarrafe Affiliate Program ("Sarrafe Affiliate Program") is organized by Sarrafe ("Sarrafe" or "Organizer").
1.2. Sarrafe Affiliate Program aims to attract new end users to Sarrafe's services to be referred to Sarrafe by third parties ("Affiliates") and shall be organized by Sarrafe on a partnership automation platform such as impact.com or other automated solutions platform which may be further chosen by Sarrafe ("Affiliate Platform").
1.3. The relations between Affiliates and Sarrafe, while Affiliates and Sarrafe are hereinafter separately referred to as "Party" and jointly - as "Parties", in regard to Affiliates' participation in the Sarrafe Affiliate Program shall be governed by the present Sarrafe Affiliate Program General Terms and Conditions ("Program Terms"), available in the Affiliate Platform.
1.4. "Sarrafe Platform" means the Organizer's website: sarrafe.com and mobile application.
1.5. "Sarrafe Account" means a Sarrafe Account opened with Sarrafe, through which а client can use the Sarrafe Services, including but not limited to Sarrafe Crypto Credit and Sarrafe Earn Interest Product.
1.6. "Sarrafe Crypto Credit" and "Sarrafe Earn Interest Product" means the services offered on the Sarrafe Platform, fully governed by the Sarrafe Services General Terms and Conditions, Sarrafe Crypto Credits General Terms and Conditions, and Sarrafe Earn Product General Terms and Conditions (collectively "Sarrafe General Terms").
1.7. "Affiliate" means any third party who applied for registration with Sarrafe Affiliate Program through the Affiliate Platform, further approved by Sarrafe.
1.8. "Referred Customer" means an individual who has not previously opened a Sarrafe Account through an Affiliate Link.
II. REFERRAL MECHANISM
2.1.
The Affiliate undertakes to make referrals to Sarrafe of new end users of Sarrafe Crypto Credit and Sarrafe Earn Interest Product under the conditions and against consideration agreed in these Program Terms. Following a successful registration with the Affiliate Platform, the Affiliate can access a link generated therein (“Affiliate's Link”), designated for distinguishing the different Affiliates in the Sarrafe Affiliate Program. By opening their account and/or using the Affiliate Platform, unless stipulated otherwise in the relevant general terms and conditions of the latter, the Affiliate аcknowledges and confirms that you are not a resident of the UK.
2.2. Sarrafe shall provide the Affiliate with materials like images, videos, and other creative materials (“Materials”), including but not limited to the materials integrated into the Sarrafe Affiliate Program’s landing page. The Affiliate acknowledges and agrees that any amendments in the Materials are subject to Sarrafe’s preliminary written consent.
2.3. The Sarrafe Affiliate Program is designated for end users who have not previously opened a Sarrafe Account. A Referred Customer can be every individual aged at least 18 when completed all of the following conditions:
2.3.1. They are not residents of the USA, Canada, or UK, or have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Sarrafe Services, the Sarrafe Crypto Credit and the Sarrafe Earn Interest Product.
2.3.2. Registered a Sarrafe Account on Sarrafe Platform using the Affiliate's Link;2.3.3. Completed Identity verification, consented to and complied with all requirements set forth in the Sarrafe General Terms;
2.3.4. Received Sarrafe Crypto Credit(s), and/or
2.3.5. Topped up Digital Assets as Sarrafe Earn Interest Product regardless for a flex term or for a fixed term.
2.4. Sarrafe reserves the right to deny Sarrafe Crypto Credit or Sarrafe Earn Interest Product on any and all grounds specified in Sarrafe General Terms, subject to revision at any time at the sole and absolute discretion of Sarrafe.
III. AFFILIATE REFERRAL FEE
3.1.
The Affiliate shall receive a consideration (“Affiliate Referral Fee”) consisting of a percentage of the amount of Sarrafe Crypto Credit(s) granted to each Referred Customer and percentage of the interest generated under Sarrafe Earn Interest Product(s) by each Referred Customer during the first twelve (12) calendar months following the registration and completion of Identity verification at the Sarrafe Platform by the respective Referred Customer in accordance with all applicable Sarrafe General Terms.
3.2. The amount of the consideration defined as a certain percentage, manner of calculation, and payment of the Affiliate Referral Fee shall be specified in the Affiliate's registration at the Affiliate Platform subject to approval by Sarrafe.
3.3. The Affiliate Referral Fee shall be paid in USD. The Affiliate shall receive its consideration through the Affiliate Platform, operated by Griffin International SPC.
3.4. Sarrafe shall assess each Sarrafe Crypto Credit and Sarrafe Earn Interest Product for compliance with the Sarrafe Affiliate Program’s requirements independently from other products and services of the same Referred Customer. For the avoidance of doubt, only the Sarrafe Crypto Credit(s) and Sarrafe Earn Interest Product(s) of Referred Customers who have used the Affiliate's Link when opening their Sarrafe Account shall be eligible for an Affiliate Referral Fee.
3.5. The Affiliate shall be subject to the tax regulation in its jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the applicable law. Sarrafe shall not be required to compensate the Affiliate for its tax obligations or advise it in relation to its tax issues.
IV. REPRESENTATION AND WARRANTIES
4.1.
The Affiliate shall not have the authority to make any commitments or enter into any agreements or incur any liabilities whatsoever on behalf of Sarrafe, nor shall Sarrafe be liable for any acts, omissions, contracts, commitments, promises, or representations made by the Affiliate.
4.2. Neither Affiliate nor its directors or employees shall make any representations or warranties relating to the Sarrafe Crypto Credit, except to those disclosed in the Materials. The Affiliate agrees that neither the Affiliate nor any affiliates thereof will impose or collect a fee of any kind, including but not limited to any administrative fee, affiliate or referral fee or similar from any Referred Customer in relation to the Sarrafe Affiliate Program.
4.3. The Affiliate represents and warrants that (i) it is not subject to any limitation or restriction that would prohibit, restrict or impede the performance of its obligations under these Program Terms, and (ii) it shall comply with all local, state and federal laws, rules and regulations, governing the performance of its obligations under these Program Terms.
4.4. The Affiliate represents and warrants that neither the Affiliate nor any of its affiliates or officers, directors, brokers or agents (i) has violated any anti-terrorism laws; (ii) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering; (iii) is publicly identified on the most current list of “Specially Designated Nationals and Blocked Persons” published by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”),or resides, is organized or chartered, or has a place of business in a country or territory subject to OFAC sanctions or embargo programs; (iv) is publicly identified as prohibited from doing business with the United States under the International Emergency Economic Powers Act, the Trading with the Enemy Act, or any other law; (v) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any person described in clauses (iii) or (iv) above; (vi) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any anti-terrorism law; or (vii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any anti-terrorism law.
V. INTELLECTUAL PROPERTY
5.1.
Subject to the Program Terms, Sarrafe hereby grants to the Affiliate a non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license to use any name, logo, tagline, or other designation displayed on any display screen within the Materials solely for the purpose of the Sarrafe Affiliate Program.  
5.2. The Affiliate agrees and understands that Sarrafe is the exclusive owner and retains all ownership, right, title, and interest in and to its trademarks, service marks, logos, patents, know-how, research, publications, agreements, trade and company names, etc. related to the design, implementation or operation of the Sarrafe Affiliate Program and/or integrated into the Materials.
5.3. Affiliates are fully prohibited from bidding on Sarrafe’s brand, trademarks, or products and services names in paid search. Each and every violation of this prohibition shall lead to immediate disqualification from the Sarrafe Affiliate Program.
VI. TERM AND TERMINATION
6.1.
The agreement between the Affiliate and Sarrafe shall commence on the date of the Affiliate's registration at the Sarrafe Affiliate Program and shall continue for an unlimited period until its termination.
6.2. In the event that the Affiliate breaches any provision of the Program Terms, Sarrafe may terminate the latter by notice to the Affiliate having an immediate termination effect. In case the Affiliate uses fraudulent methods or otherwise attempts to circumvent the Program Terms or Sarrafe General Terms, Sarrafe reserves the right to disqualify any Affiliate from an Affiliate Referral Fee by notice to the Affiliate having an immediate termination effect.
6.3. Each Party reserves the right to terminate the participation in the Sarrafe Affiliate Program upon providing the other Party one (1)-day advance notice.
VII. INDEMNIFICATION
7.1.
The Affiliate agrees to indemnify and hold Sarrafe harmless from and against any claims, losses, costs, damages, liabilities, penalties, fines or expenses (including court costs, costs of the appeal and reasonable fees of attorneys and other professionals) arising out of: (i) any Affiliate's negligent act or omission or willful misconduct; (ii) any Affiliate's breach of its representations, warranties and obligations hereunder; and (iii) any act or omission of the Affiliate in marketing or promoting the Sarrafe Affiliate Program, including without limitation, misrepresenting to potential end users the Sarrafe Affiliate Program or the Program Terms under which the latter is made available by Sarrafe.
7.2. In no event shall Sarrafe’s aggregate liability for any loss or damage arising in connection with the Program Terms exceed the total amount of the Affiliate Referral Fee paid to the Affiliate. The foregoing limitations of liability shall apply to the fullest extent permitted by the applicable law.
7.3.In no event shall either Party be liable to the other for any type of incidental, special, exemplary, punitive, indirect or consequential damages, whether arising under theory of contract, tort or otherwise, even if notified in advance of such possibility.
VIII. MISCELLANEOUS
8.1.
The Affiliate acknowledges and agrees that these Program Terms are non-exclusive and Sarrafe may appoint other agents, consultants, contractors or other third parties to perform the same or similar activities.
8.2. These Program Terms do not create any joint venture, partnership, agency, or employment relationship between the Parties. The Affiliate and Sarrafe are independent contractors with respect to one another under these Program Terms. Neither Party shall have the authority to legally bind the other Party to any contract, proposal, or commitment or to incur any debt or create any liability on behalf of the other.
8.3. The Affiliate acknowledges and agrees that Sarrafe may change the Program Terms at any time and in its sole discretion, of which change the Affiliate shall be duly notified by Sarrafe. The Parties agree that no such change shall affect Sarrafe’s obligation to pay the Affiliate the consideration due for Referred Customers prior to the effective date of any change. The Affiliate further acknowledges and agrees that the Affiliate's continued participation in the Sarrafe Affiliate Program following the effective date of any change shall be deemed the Affiliate's acceptance of such a change and shall be binding on the Affiliate.
IX. ADDITIONAL PROVISIONS
9.1.
The Parties agree that all notices in relation to the Program Terms shall be delivered by e-mail. 9.2. The headings herein are inserted for the convenience of the Parties only and are not to be considered when interpreting the Program Terms.
9.3. In the event that any of the provisions of the Program Terms are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Program Terms or the Affiliate Agreement.
9.4. The waiver by either Party of a breach, default, delay or omission of any of the provisions of the Program Terms by the other Party will not be construed as a waiver of any subsequent breach, default, delay, or omission of the same or other provisions.
9.5. The relations between the Parties shall be governed by these Program Terms and Sarrafe General Terms, where applicable.
9.6. The Program Terms shall be governed exclusively by the laws of England and Wales.
9.7. Any dispute arising out of or in connection with the Program Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England. The Affiliate agrees that any dispute resolution proceeding subject to the applicable law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Affiliates of Sarrafe.
Sarrafe Crypto Credit General Terms and Conditions
I. INTRODUCTION
These Sarrafe Crypto Credit General Terms and Conditions (“General Terms”) govern the relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe” or “we”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of cryptocurrency credit facilities granted by Sarrafe, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Applicable Law
means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Art. XV.1. and Art. XV.2. of these General Terms.
Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets, including SARRAFE Tokens), accepted and supported by Sarrafe, and subject to revision, prohibitions and limitations at any time.
Intellectual Property means any intellectual and industrial property rights, belonging to Sarrafe, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
Interest means the indicated interest rate accrued in accordance with these General Terms and subject to revision at any time.
Sarrafe Crypto Credit means any Digital Assets credit facility granted by Sarrafe and the total amount of the credit due by the Client to Sarrafe at any time until its full repayment, including the principal, the Interest and any fees due to Sarrafe under this Agreement.
Sarrafe Account means a personal or business account, opened with Sarrafe, through which you can use the Sarrafe Crypto Credit and other Sarrafe services.
Sarrafe Platform means any Sarrafe website, mobile application and any other official Sarrafe communication channel, including the content and services made available on or through the same, and any updates, upgrades and versions thereof.Unless stated otherwise, references shall be made to the Sarrafe Services General Terms and Conditions and the Sarrafe Exchange Service General Terms and Conditions, and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Sarrafe Services General Terms and Conditions or the Sarrafe Exchange Service General Terms and Conditions, as the case may be.
III. CLIENT
You can enter into this Agreement and use the Sarrafe Crypto Credit only if all of the conditions below are met:You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union and any EU Member State, the UK Treasury, etc.;You are not a citizen or resident of the USA1, Bulgaria, Estonia, Canada and Australia (applicable only to the Sarrafe Booster), and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Sarrafe Crypto Credit and any feature thereof, including the Sarrafe Booster;You are at least 18 years old or of legal age to enter into contractual relations with Sarrafe (whichever is later);You have opened a Sarrafe Account with Sarrafe;You have read, understood and agreed to our Privacy Policy and Cookies Policy.By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Sarrafe Services to you and close your Sarrafe Account, and do not allow you to use the Sarrafe Services.At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request for granting of a Sarrafe Crypto Credit; (ii) change the conditions for entering into the Agreement or use of the Sarrafe Crypto Credit; (iii) suspend the provision of the Sarrafe Crypto Credit or of all or part of the other Sarrafe Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Sarrafe Crypto Credit.
IV. SARRAFE CRYPTO CREDIT AND COLLATERAL
Sarrafe will grant you a Sarrafe Crypto Credit in Digital Assets, if you provide the required Digital Assets as collateral, by transferring them into the Sarrafe Account, or by using ones available thereinto (“Collateral”). All such Digital Assets are indicated on the Sarrafe Platform and in the Sarrafe Account and are subject to revision from time to time.The value of the Sarrafe Crypto Credit shall be calculated by the loan-to-value-ratio, as indicated on the Sarrafe Platform and subject to revision from time to time, (“LTV”), against the value of the Collateral at the time of granting. The value of the Collateral shall be dynamically calculated by Sarrafe in accordance with its applicable policy at the moment, on the basis of margin percentages applied to the market value of the Collateral, according to an exchange ratio equivalent to the volume weighted average price of the relevant Digital Assets, across leading cryptocurrency exchanges.You shall at all times maintain the necessary Collateral in accordance with the LTV.You may initiate substitution of the Digital Assets used as Collateral at any time, by initiating an Exchange Transaction in accordance with the Sarrafe Exchange Service General Terms and Conditions, only under the condition that the LTV applicable to the Base Assets used as Collateral exceeds the LTV applicable to the Counter Assets intended to serve as Collateral of the same Sarrafe Crypto Credit instead of the Base Assets, as indicated on the Sarrafe Platform and in the Sarrafe Account. Once your Order has been executed, the Counter Assets shall be topped up into the Credit Wallet of your Sarrafe Account, respectively your Sarrafe Crypto Credit balance shall be updated and the substitution shall be deemed completed. In case the LTV applicable to the Counter Assets exceeds the one applicable to the Base Assets, only the Counter Assets corresponding to the initial LTV shall be used as Collateral and the remaining balance shall be at the Client’s disposal as per these General Terms and the general terms and conditions of the other Sarrafe Services. The number of substitutions under this Art. IV.4. shall be unlimited while the Sarrafe Crypto Credit is outstanding.Unless prohibited by any Applicable Law or the Client is a resident of the USA, by virtue of this Agreement Sarrafe acquires the ownership title and all attendant rights of ownership of the Collateral while the Sarrafe Crypto Credit is outstanding, and can dispose of this Collateral in any manner at its sole and absolute discretion. Otherwise, you understand and agree that we can convert, pledge, re-pledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, dispose of or use any amount of such Collateral, separately or together with other property, and for any period of time, and without retaining in our possession and/or control for delivery a like amount thereof or any other assets, at our sole and absolute discretion. Any such action will be performed in our name only and you will have no benefits and liabilities from it. In cases of a substitution under this Art. IV.4., once the same has been completed, the ownership title and all attendant rights, as well as the other rights, of Sarrafe under the preceding sentence, if and to the extent acquired, shall pass onto the Counter Assets used as Collateral of the same Sarrafe Crypto Credit.If a Sarrafe Crypto Credit is granted as part of the Sarrafe Booster, Section XIII of the Sarrafe Services General Terms and Conditions shall apply accordingly, while in case of any discrepancy between these General Terms and Section XIII of the Sarrafe Services General Terms and Conditions, the latter shall prevail.If a Sarrafe Crypto Credit is granted for opening a Futures Contract, Section XIV of the Sarrafe Services General Terms and Conditions shall apply accordingly, while in case of any discrepancy between these General Terms and Section XIV of the Sarrafe Services General Terms and Conditions, the latter shall prevail.
V. INTEREST
A compound annual Interest shall commence accruing as of the start date of the Sarrafe Crypto Credit (“Start Date”), at the rate determined at the time the Sarrafe Crypto Credit is granted and indicated in the Sarrafe Account and on the Sarrafe Platform. The Interest shall be subject to revision from time to time, at our sole and absolute discretion.The Interest shall be calculated on a daily basis, at UTC 00:00 on each calendar day, on the basis of the actual number of days elapsed in a 360-day year.No periodic repayment of the Interest shall be due. Any Interest accrued shall be indicated in the Sarrafe Account.
VI. MARGIN CALLS. LIQUIDATION
If the LTV increases above certain thresholds, as indicated on the Sarrafe Platform, you shall, at our request, provide additional Collateral and/or make the required repayments to rebalance the Sarrafe Crypto Credit. In addition, in case you have enabled the available option(s) in your Sarrafe Account, the relevant amount and type of Digital Assets will be automatically transferred from the Savings Wallet to the Credit Wallet of your Sarrafe Account to serve as additional Collateral in the following order (i) the relevant amount and type of Digital Assets and/or Interest to which the relevant Sarrafe Earn Interest Product(s) for a FLEX Term applies; (ii) the Base Asset in a Trigger Swap Order(s), where the Order(s) will be automatically canceled; (iii) the relevant amount and type of Digital Assets to which the relevant Sarrafe Earn Interest Product(s) for a Fixed Term applies. In addition to the above, if the necessary requirements are met, you may opt for such automatic transfer where the relevant amount and type of Digital Assets and/or Interest, to which the relevant Sarrafe Earn Interest Product(s) for a FLEX Term applies, will be automatically transferred to maintain the desired lower LTV of your Sarrafe Crypto Credit, according to the procedure described on the Sarrafe Platform. The above features will affect your outstanding Sarrafe Crypto Credit henceforth and may be disabled at any time, as indicated on the Sarrafe Platform.If the LTV increases above the maximum permitted threshold, as indicated on the Sarrafe Platform, Sarrafe shall liquidate the necessary amount of Collateral to rebalance your Sarrafe Crypto Credit, respectively will close any Futures Contracts, after having devoted significant efforts to notify you thereof in advance, if and to the extent possible under the prevailing market conditions.You hereby acknowledge and agree that due to the volatile nature of the Digital Assets market, it may not be technically possible for Sarrafe to notify you prior to the relevant liquidation, and that you are solely responsible for monitoring the prevailing market conditions at any given time and maintaining your LTV in full accordance with these General Terms.
VII. TERM
The Sarrafe Crypto Credit shall be matured in a 12-month term starting from the Start Date (“Maturity Date”).Unless terminated on the Maturity Date in accordance with these General Terms, the term of the Sarrafe Crypto Credit shall be automatically extended for another 12-month term. The number of extensions under the preceding sentence shall be unlimited.
VIII. REPAYMENT AND WITHDRAWAL
The Sarrafe Crypto Credit shall be repaid on the Maturity Date unless its term has been automatically extended in accordance with Art. VII.2.You may repay at any time prior to the Maturity Date and any amount: (i) by transferring into the Sarrafe Account the same Digital Assets as the Sarrafe Crypto Credit granted, or other Digital Assets acceptable to Sarrafe; (ii) with the Collateral; or (iii) by combination of (i) and (ii). Certain rules may apply to repayments from time to time, as indicated on the Sarrafe Platform, including in the case of a Futures Contract, where the Sarrafe Crypto Credit will be repaid after the closure of the relevant Futures Contract.All repayments shall be allocated first to the fees (if any), then to the Interest and last to the principal of the Sarrafe Crypto Credit.Once the Sarrafe Crypto Credit has been repaid in full, all remaining Collateral shall no longer be treated as such for the purpose of the Sarrafe Crypto Credit.Sarrafe may provide you with discounts on the Sarrafe Crypto Credit or any part thereof, such as the principal or the Interest, at any time, under conditions it finds appropriate.
IX. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant and confirm that:You meet the conditions under Art. III.1.;You are the exclusive owner of the Digital Assets to be used as Collateral;You validly undertake any action or enter into any transaction with regard to the Agreement;The Digital Assets, which you have provided or will provide as Collateral, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;You have submitted to Sarrafe only complete, correct and up-to-date information and documents;You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Sarrafe shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of our service, for which Sarrafe shall not be held liable. You shall hold Sarrafe harmless from any expenses and losses, resulting from the above uncertainty;You are aware that you use the Sarrafe Account and the Sarrafe Crypto Credit fully at your own risk.You hereby undertake to:Use the Sarrafe Crypto Credit and the other Sarrafe Services in good faith;Not violate or breach any terms in these General Terms, the Privacy Policy, the Cookies Policy, or any Applicable Law in any relevant jurisdiction;Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;Not provide false, inaccurate, incomplete, out-of-date or misleading information;Not interfere, intercept, or expropriate our network, system, data, or information;Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users accounts, website, network or systems relating to the Sarrafe Services;Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property rights;Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products; or unduly burdening or hindering the operation and/or functionality of any aspect of the Sarrafe Crypto Credit;Not engage in any written or verbal communication or conduct towards Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful;Keep the data required for using the Sarrafe Account unavailable for third parties;Inform Sarrafe about any change in the information and documents submitted to Sarrafe, in particular in your contact details, within 1 (one) day as of the change;Comply with other terms under Art. X.2 of the Sarrafe Services General Terms and Conditions, as applicable.
X. DEFAULT. INDEMNIFICATION
The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches one of the Client’s obligations or warranties under these General Terms, including but not limited to any obligation to pay any amount whatsoever (principal, Interest or other) to Sarrafe in respect of the Sarrafe Crypto Credit;

b) The Client breaches another obligation in connection with the Client’s relationship with Sarrafe, including any obligation resulting from the Collateral (the obligation to maintain Digital Assets with Sarrafe considered by Sarrafe to be acceptable and adequate pursuant to these General Terms);

c) The Client is unable to pay the Client’s debts, enters into an agreement or arrangement with the Client’s creditors related to the restructuring of the Client’s debts, or is the subject of any measures to have the Client declared bankrupt or to appoint a curator, administrator, trustee or liquidator;

d) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;

e) Sarrafe is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

In case of an Event of Default, Sarrafe is entitled:

a) To terminate the Sarrafe Crypto Credit and/or this Agreement with immediate effect;

b) To declare immediately payable any principal amount due in respect of the Sarrafe Crypto Credit, as well as the Interest accrued and any other amount due in respect of the Sarrafe Crypto Credit;

c) To realize, at our sole and absolute discretion, all or part of the Collateral in accordance with the applicable contractual terms; and/or

d) In general, to take any action it deems necessary to protect its interests.

You shall defend, indemnify, and hold harmless Sarrafe, its affiliates, each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Sarrafe Crypto Credit or any of the other Sarrafe Services in violation to these General Terms or any Applicable Law.
XI. RISK DISCLOSURE
The regulatory status of the Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to the Digital Assets or blockchain technology, may be implemented, which would directly or indirectly affect or restrict the Sarrafe Crypto Credit or any of the other Sarrafe Services.YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE SARRAFE CRYPTO CREDIT OR ANY OF THE OTHER SARRAFE SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THE SARRAFE CRYPTO CREDIT OR ANY OF THE OTHER SARRAFE SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.We may be forced to suspend or discontinue or to change aspects of the Sarrafe Crypto Credit or any of the other Sarrafe Services in any jurisdictions if demanded by the regulators or Applicable Law, without notice and for whatever reason. In such case the Digital Assets in your Sarrafe Account may be frozen for an indefinite period of time until the matter is resolved.Sarrafe shall not be liable for any delay, error, interruption or failure to perform any obligation under these General Terms, where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to: (i) acts of God, nature, court or government; (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; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots.You understand and agree that you use the Sarrafe Account and the Sarrafe Crypto Credit at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Sarrafe Crypto Credit and any of the other Sarrafe Services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
XII. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.Neither we nor any of our agents or nominees shall be liable for: (i) the management or performance of your Digital Assets (including any reduction in the value); and (i) any taxes or duties payable in respect of your Digital Assets.Except as expressly provided in these General Terms, to the extent permitted by any Applicable 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 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 Sarrafe services under these General Terms.Our liability in respect of representations and warranties that is not excluded under these General Terms, at our option, is limited to any one of re-supplying, replacing or repairing, or paying the cost of the re-supplying, replacement or repairing, or paying the cost of supplying again the services in respect of which the breach occurred.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SARRAFE CRYPTO CREDIT EXCEED THE FEES YOU PAID TO SARRAFE 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 ANY APPLICABLE LAW.
XIII. TERMINATION
This Agreement shall be terminated immediately by closing of your Sarrafe Account and discontinuing use of the Sarrafe Crypto Credit. The Agreement can be terminated upon written notice by Sarrafe if Sarrafe discontinues the offering of the Sarrafe Crypto Credit, regardless of the reasons.All your debts to Sarrafe shall have been settled and there shall be no balance in your Sarrafe Account prior to suspension or closing thereof. You are entitled to recover the remaining balance of Digital Assets together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, subject to revision from time to time, at our sole and absolute discretion. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XIV. NOTICES
Any notice required or made under these General Terms from Sarrafe to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Sarrafe Platform.Any notice required or made under these General Terms by the Client to Sarrafe shall only be made through an e-mail in English, sent to support@sarrafe.com.
XV. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed exclusively by the substantive law of England and Wales. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
XVI. MISCELLANEOUS
The Intellectual Property remains exclusive property of Sarrafe and cannot be reproduced, displayed, distributed and used in any other manner by the Client, except upon our explicit prior written consent.This Agreement, together with the Sarrafe Services General Terms and Conditions, the Privacy Policy and Cookies Policy, and the Sarrafe Exchange Service General Terms and Conditions (if and to the extent applicable), represents the entire agreement between you and Sarrafe in relation to the use of the Sarrafe Crypto Credit. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel, including any statements in Sarrafe’s whitepaper.Sarrafe shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform, while they shall not affect the current terms of your Sarrafe Crypto Credit and shall only apply for new Sarrafe Crypto Credit(s).The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms, the remaining provisions of these General Terms shall remain in full force and effect.The failure by Sarrafe to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.Granting the Sarrafe Crypto Credit to you does not make Sarrafe your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Sarrafe Account other than those expressly specified hereunder. You understand and agree that Sarrafe may charge you fees for the use of the Sarrafe Crypto Credit, including the Sarrafe Booster, if and to the extent applicable, at an amount as indicated on the Sarrafe Platform and subject to revision from time to time, at our sole and absolute discretion.Any of your rights and obligations arising out of the Agreement are not assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time without notice or your consent.Any issues which are not settled hereby shall be governed by the Sarrafe Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Sarrafe Services General Terms and Conditions, these General Terms shall prevail, except for the cases under Art. IV.6. where the Sarrafe Services General Terms and Conditions shall prevail.1Applicable to the use of the Sarrafe Crypto Credit by citizens or residents of the USA, regarding any new Sarrafe Crypto Credits after April 1, 2023. Exceptions apply to the States of New York, Alaska, Vermont, Florida and Texas, to which identical or similar restrictions are already in place before this date.
Cookies Policy
I. Introduction
This Cookies Policy (the “Policy”) governs the relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe”, “we” or “us”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Sarrafe Services and the use and application of cookies and similar technologies while using the Sarrafe Platform. You shall take your time and carefully read this Policy before using the Sarrafe Services, so you are fully aware of your rights and obligations. In the spirit of transparency, this Policy provides detailed information about how and when we use cookies on the Sarrafe Platform. Unless stated otherwise, references shall be made to the Sarrafe Services General Terms and Conditions, Sarrafe Crypto Credit General Terms and Conditions, Sarrafe Earn Interest Product General Terms and Conditions, Sarrafe Exchange Service General Terms and Conditions and the Privacy Policy (jointly the “Sarrafe General Terms”), and all the defined terms, used in this Policy, shall have the same meaning as the one given to them in the Sarrafe General Terms, as the case may be.For the purposes of carrying out smooth electronic communication process and technically error-free and optimized provision of the Sarrafe Services, we store cookies on the grounds of your consent, for our legitimate interests and legitimate interests of third parties, as well as on other legal grounds under the relevant local legislation in every country of our operations. For the avoidance of doubt, this Policy does not apply to any digital services targeted at children.
II. Do We Use Cookies?
Sarrafe and its partners, affiliates, analytics and service providers use cookies and other similar technologies to ensure that everyone who uses the Sarrafe Platform has the best possible user experience. When you visit the Sarrafe Platform for the first time, a cookie banner will pop up and will give you an explanation about the cookies we use. As soon as you click on the “Accept All” button, you consent to us using all the categories of cookies, as described in this Policy. You can disable the use of cookies via your browser or via the given functionality at the Manage Cookies Button when you click on it, but please note that in the former case the Sarrafe Platform may no longer work properly.
III. What Is a Cookie?
A cookie is a small text file containing information generated by a website's server and placed on your personal computer or smart device. Cookies enable the website and your browser to interact in such a way that the website is able to present you with the most appropriate options and to customize services to your interests, based on your previous use of the website. Some of the cookies will only be used if you use certain features of our services or select certain preferences, and some cookies will always be used. You can find out more about each cookie we use by viewing our current Cookies List below and/or manage your preferences via the Manage Cookies button. We update this list regularly, so there may be additional cookies that are not yet listed.
IV. Cookies List
1.
Depending on the purpose of each cookie, the cookies we use are:  
1.1. Strictly Necessary Cookies - they are necessary for the Sarrafe Platform to function properly and cannot be switched off in our system. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Sarrafe Platform will not then work properly. These cookies do not store any personally identifiable information.
1.2. Functional Cookies - they enable the Sarrafe Platform to provide enhanced functionality and personalisation. They may be set by us or by third-party providers whose services we have added to the Sarrafe Platform. If you do not allow these cookies, then some or all of these services may not function properly.
1.3. Performance Cookies - they allow us to count visits and traffic sources so we can measure and improve the performance of the Sarrafe Platform. They help us know which pages are the most and least popular and see how visitors move around the Sarrafe Platform. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited the Sarrafe Platform, and will not be able to monitor its performance.
1.4. Targeting Cookies - These cookies may be set through the Sarrafe Platform by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
1.5. Social Media Cookies - These cookies are set by a range of social media services that we have added to the Sarrafe Platform to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.
1.6. Unknown Cookies - These cookies are used to better your customer journey on our site as well as collect information about your preferences and actions on the site. They do not collect personally identifiable data.
2. In relation to the controlling and processing of cookies, the cookies we use are:
2.1. First-party Cookies - these cookies are set by us;
2.2. Third-party Cookies - these cookies are from a domain different from the domain of the Sarrafe Platform you are visiting. These cookies are usually used to ease our advertising and marketing efforts.
3. Depending on the time the relevant cookie exists, the cookies we use are:
3.1. Session Cookies - they are temporary and expire once you close your browser;
3.2. Persistent Cookies - they stay on your device for a fixed  period of time or until you delete them. They help us recognize you as our current user, respectively Client, remember your preferences and improve the Sarrafe Platform functionality. In addition, the persistent cookies allow us to provide you with personalized advertisements and measure the effectiveness of the Sarrafe Platform`s functionality and advertising.
V. Why Do We Use Cookies?
We use cookies for different purposes as listed below:
1. To recognize you when you sign in to use the Sarrafe Services. This allows us to provide you with recommendations, display personalized content and provide other customized features and services;
2. To keep a track of your specific preferences. This allows us to honor your likes and dislikes, such as your language and configuration preferences;
3. To provide, develop, maintain, personalize, protect and improve the Sarrafe Platform, the Sarrafe Services and their content;
4. To perform analytics, including to analyse and report on the use and performance of the Sarrafe Services and any advertisements displayed on or delivered by or through them;
5. To protect against, identify and prevent fraud and other unlawful activity;
6. To create aggregate data about the groups or categories of our users, respectively Clients (including advertising audiences), and for us, our partners and third-party service providers to deliver, target, offer, market, or personalise advertising promotions and new industry-first features, relating to the Sarrafe Services, as well as offerings to our Clients and partners (including limiting how often you see an advertisement);
7. To report promotions and introduce new industry-first features, which allows us to measure and analyze the performance of the Sarrafe Services.
VI. How Can You Manage Cookies?
1.
You can control the use of cookies when you first visit the Sarrafe Platform via the options given to you on the Cookie Banner, at any time when you click on the Manage Cookies button above in the text of Section II., as well as at the individual browser level. If you choose not to activate any of the cookies categories or to later disable cookies, you may still visit the Sarrafe Platform, but your ability to use some features of the Sarrafe Services or areas of the Sarrafe Platform may be limited.
2. You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies and when the relevant cookies will expire. If you block all cookies on your browser, neither we, nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit the Sarrafe Platform, and some of the Sarrafe Platform, Sarrafe Services or features thereof may not work. To learn more about how to control cookies settings through your browser:
2.1. For Firefox “Private Browsing” managing cookies settings, click here:
https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop?redirectslug=enable-and-disable-cookies-website-preferences&redirectlocale=en-US
2.2. For Chrome “Incognito” managing cookies settings, click here:
https://support.google.com/chrome/answer/95647?hl=en
2.3. For Internet Explorer “InPrivate” managing cookies settings, click here: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d  
2.4. For Safari for Mac managing cookies settings, click here:
https://support.apple.com/en-gb/guide/safari/sfri11471/mac
VII. Miscellaneous
1.
The content of this Policy is for your general information and use only. You acknowledge and agree that it may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2. Sarrafe shall reserve its right to amend or supplement this Policy, including the above list of cookies, from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform unless otherwise indicated.  You shall regularly check the Sarrafe Platform to inform yourself about any such amendments or supplements, and your continued use of the Sarrafe Platform constitutes your agreement to be bound by the latter.
3. The descriptive headings in this Policy are inserted for convenience only and shall not affect the interpretation thereof.
4. The failure by Sarrafe to exercise any right or enforce any right or provision of this Policy shall not constitute a present or future waiver of such right or provision.
5. None of your rights and obligations arising out of this Policy are assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer the rights and obligations under this Policy to any third party at any time, without notice or your consent.
6. This Policy is prepared and concluded in English language. In case the Policy or any part of it thereof is translated into another language for whatever reason, the English version shall prevail.
7. If you have questions or concerns regarding this Policy or the Sarrafe privacy practices, please contact us by email at support@sarrafe.com.
Sarrafe Wallet Terms and Conditions
I. INTRODUCTION
The Sarrafe Wallet is a service provided to you via the Sarrafe Defi Platform. As such these Sarrafe Defi Wallet General Terms and Conditions (“General Terms”), shall apply to your use of the Sarrafe Defi Platform and the Sarrafe Wallet service provided therein.These Sarrafe Wallet Terms and Conditions govern the relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe” or “we”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Sarrafe Wallet, and constitute a legally binding agreement between the Parties.The Sarrafe Wallet may contain or bridge to third-party features and/or services, which are governed by separate terms and conditions. You acknowledge and agree that you have read and accepted such third-party terms prior to using any of the services available on the Sarrafe Defi Platform.You shall take your time and carefully read these General Terms before using the services facilitated through the Sarrafe Defi Platform, so you are fully aware of your rights and obligations. Keep in mind that by setting up a Sarrafe Wallet, you both actively agree with these General Terms and enter into contractual relations with Sarrafe for the use of the latter.
II. DEFINITIONS
Applicable Law
means any law, statute, regulation, ordinance, treaty, guideline, policy, and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XX of these General Terms.
Available Protocol(s) means any software and/or code including, but not limited to smart contracts, wallets, DeFi Protocols, DEX Aggregator Protocols or any other such protocols built on a Supported Blockchain Network.
Dapp means a decentralized application that uses decentralized means of data storage, such as blockchains.
DEX Aggregator Protocol(s) means the variety of decentralized exchange aggregators, which are platforms built on the Supported Blockchain Networks allowing you to stake and swap your Digital Assets.
ENS means the naming standard on the Ethereum blockchain used to represent an address that lives on the blockchain with a more human-readable state.
Digital Assets means any fungible and non-fungible digital assets (such as cryptocurrencies, stablecoins and tokenized assets, NFTs). Only Digital Assets supported by the Sarrafe Wallet can be stored, transferred and transacted. All supported Digital Assets are listed on the Sarrafe Defi Platform and the Sarrafe Wallet and the associated FAQ page, and subject to revision, prohibitions and limitations at any time by our sole and absolute discretion. You may additionally import Digital Assets, whitelisted by Sarrafe.
External Non-Custodial Wallet means any of the supported Defi wallets, as indicated on the Sarrafe Defi Platform.
Fork means a software change to the underlying protocols of the Digital Assets’ networks.
Identity means a smart contract providing you with a unique wallet address that can be connected to one or more non-custodial wallets, and facilitating the interaction and use of Web3 Dapps and Available Protocols.
Non-Fungible Token or NFT means a non-fungible token, smart contracts, deployed on a blockchain, holding unique metadata (such as images, sound clips etc.) that can be owned by and transferred between addresses on the blockchain.  
Sarrafe Defi Platform means any Sarrafe website, mobile application and any other official Sarrafe communication channel, separate from the Sarrafe Defi Platform, through which the Sarrafe Wallet is provided, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
Pool means an address at a decentralised lending protocol designated for collection of specific Digital Assets for the purpose of providing liquidity for a lending market.
Trading Pair means the pairing between Base Digital Asset - the asset being sold and a Counter Digital Asset - the asset being acquired in return, in relation to a Swap transaction.
Signer means any supported non-custodial wallet paired with your Identity and used for authorizing transactions through your Sarrafe Wallet.
Slippage means an event that is caused by an increase in volatility or volume. All types of Swap transactions are generally executed at a price deviating to a limited extent when compared to the announced price, as indicated on the Sarrafe Defi Platform and subject to revision from time to time at our sole discretion.
Supported Blockchain Network means any of the blockchain networks indicated on the Sarrafe Defi Platform.
Transaction History means the history of your transactions and all the details about the Digital Assets in your Sarrafe Wallet.
III. SARRAFE WALLET
The Sarrafe Wallet is comprised by the following features:Exchange of Digital Assets (“Swap”) - a platform, providing you access to DEX Aggregator Protocols on the Supported Blockchain Networks, and facilitating the execution of your Swap transactions;
NFTs - a library providing an overview of the NFTs that you own and allowing you to see stored NFT’s properties;
Storing and Transferring - a feature allowing you to navigate through your transactions (receive, store and transfer Digital Assets) and providing you with a log indicating the status of your transactions;
Earn - a feature that facilitates you in providing Digital Assets to third-party decentralised lending protocols (the “Lending Protocol”) , in order to make use of the passive yield allocated by such protocols.The Sarrafe Wallet offers access to the following services (“Services”):set-up and use of an on-chain identity management network;importing multiple existing third-party Non-Custodial Wallets that you own to your Sarrafe Wallet in order to make use of the Digital Assets stored therein;enabling you to make use of various decentralized exchange aggregators, launched on Supported Blockchain Networks, in order to stake and swap supported fungible Digital Asset;enabling you to store and transfer Digital Assets;enabling you to access decentralized applications and decentralized exchanges. The Sarrafe Wallet is a smart contract launched on-chain that supports and allows access to multiple blockchains and blockchain-based products, allowing secured private access through the use of a paired Signer. The Sarrafe Wallet, some features and Services thereof, or some Digital Assets may not be available to certain clients to the extent applicable, at any time, as indicated in the Sarrafe Wallet and on the Sarrafe Defi Platform.
IV. ELIGIBILITY AND ACCESS
In order to be eligible for setting up and operating a Sarrafe Wallet all of the conditions below must be met:You are not a resident, located, organised or located in comprehensively sanctioned jurisdictions, areas or regions, or otherwise subject to targeted sanctions, according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State and the HM Treasury. Sarrafe has zero tolerance for money laundering, terrorism financing & fraudulent activities, as well as other financial crimes; You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List;You are not a citizen or resident of the United States of America, or any other jurisdiction where Sarrafe has prohibited or restricted access to the Sarrafe Wallet;You are at least 18 years old or are of legal age (whichever is later) and have the full right, power, and authority to agree to these General Terms;You are the exclusive beneficial and/or legal owner of any Digital Assets topped up or to be topped up into your Sarrafe Wallet;You are the beneficial owner of your Sarrafe Wallet and do not act on behalf of or represent any other natural person or legal entity impersonate any other person, operate under an alias or otherwise conceal your identity.By entering into these General Terms, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of access to the Sarrafe Wallet and not allow you to use any or all of the Services offered therein. We can, at our sole and absolute discretion, refuse to set up a Sarrafe Wallet for you, thus refusing you access to the Services offered therein.You hereby undertake to оbtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Sarrafe Wallet in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your private keys, codes, and recovery phrase and shall be solely responsible for any access to and use of the Sarrafe Wallet through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use.Sarrafe stores your Sarrafe Wallet address but does not receive or store your codes or recovery phrase. Sarrafe, therefore, cannot assist with your Sarrafe Wallet details retrieval, nor can Sarrafe provide a replacement of your private keys, Sarrafe Wallet address, codes or recovery phrase. Furthermore, in the unfortunate event of your passing, if your legal administrator, successor or heir is not in possession of your codes or recovery phrase, we are unable to grant such person access to your Sarrafe Wallet. In such a situation, your Sarrafe Wallet and its contents will become permanently inaccessible.FAILURE TO KEEP YOUR SARRAFE WALLET SAFE OR FAILURE TO REMEMBER YOUR SARRAFE WALLET DETAILS OR YOUR EXTERNAL NON-CUSTODIAL WALLET PRIVATE KEY MAY RESULT IN YOUR SARRAFE WALLET BECOMING PERMANENTLY INACCESSIBLE AND/OR THE PERMANENT LOSS OF THE DIGITAL ASSETS STORED IN YOUR SARRAFE WALLET.
V. IDENTITY
In order to make use of the Sarrafe Wallet you must first create and deploy an Identity. Your Identity is a smart contract paired with your Non-Custodial Wallet that serves as a  Signer. You understand and acknowledge that your Identity only becomes active for а particular blockchain network, thus deploying the smart contract on the said blockchain network following your first transaction, which may lead to transaction fees. All your interactions with Dapps in Web3 are tied to your Identity.You may deploy any number of Identities. You may pair any number of External Non-Custodial Wallets that you own to the Identity you create. However an External Non-Custodial Wallet can only be paired to one particular Identity. Once an External Non-Custodial Wallet is connected to your Identity, they are bound permanently, until we provide a functionality for you to unlink them in the future. Once your External Non-Custodial Wallet is initially connected to your Identity, it is permanently bound to it, until we provide a functionality for you to unlink them in the future. Each subsequent External Non-Custodial Waller may be discarded as indicated on the Sarrafe Defi Platform.The deployment of an Identity on the blockchain is related to an on-chain transaction and as such incurs on-chain transaction fees (known as “Gas fee”). With the exception of the Ethereum blockchain, Sarrafe will pay Identity deployment fees on your behalf, as a promotional offering that can be suspended at any time at our sole and absolute discretion.Each Transaction initiated through your Identity is subject to your authorization using your paired Signer.Both Digital Assets transferred into your Identity and held in a connected Non-Custodial Wallets can be used for Swap transactions. Digital Assets resulting from a Swap transaction can be stored either to the source address or to any other address.
VI. ON-CHAIN FEES AND CHARGES
You understand and acknowledge that all on-chain transactions incur Gas fees upon execution. Before submitting a transfer or a Swap transaction the Sarrafe Wallet will present you with an estimation of the Gas fee, required for the fulfillment of your desired transaction. The Sarrafe Wallet will pay on your behalf Gas fees associated with your desired transaction. Upon completion of your transaction the Sarrafe Wallet will deduct the actual Gas fee amount from the transacted amount. Additionally, you may incur charges from relevant third-parties for the use of Available Protocols, such as but not limited to the Dapps, which you may access through your Sarrafe Wallet. While Sarrafe may collect such fees for the purpose of intermediating transactions, such fees are not charged by Sarrafe in relation to the Services offered by Sarrafe on the Sarrafe Defi Platform.
VII. SWAP TRANSACTIONS
The Sarrafe Wallet facilitates Client access to decentralized exchanges called DEX Aggregator Protocols and Dapps where you can perform Swap transactions using the Digital Assets stored in your Sarrafe Wallet.A Swap transaction involves the exchange of one Digital Asset for another Digital Asset on the basis of the exchange’s established rate for the particular Trading Pair.Since decentralized exchanges are third-party services launched on a supported blockchain, swapping Digital Assets imposes Gas fees.You may incur additional fees resulting from the initiated Swap, depending on your Dapp of choice. Such fees are governed by the relevant terms of the particular decentralized exchange.When executing a Swap transaction you may choose from a variety of Supported Blockchain Networks offering aggregated Digital Asset liquidity through third-party decentralized exchanges.You understand and agree that, due to the volatility of the involved Digital Assets, each Swap transaction is susceptible to Slippage which will affect the quantity of the Counter Digital Asset. You will need to set the Slippage tolerance, that will be applied by the Sarrafe Wallet when carrying out Swap transactions. A Swap transaction will only be carried out if the Slippage is within the tolerance that you have set.
VIII. STORING AND TRANSFERRING DIGITAL ASSETS
The Sarrafe Wallet enables you to receive, store and transfer Digital Assets. You may store and transact the Digital Assets at any time by authorising a Digital Assets transfer from your Sarrafe Wallet through your Signer. You can subsequently use the Digital Assets stored in your Sarrafe Wallet for the related Services and linked Dapps.You are responsible for making sure that: (i) you have the correct address for your Sarrafe Wallet when you transfer Digital Assets from any Signer; (ii) the Digital Assets you send to your Sarrafe Wallet are currently approved and supported by Sarrafe and not subject to prohibitions or limitations, as indicated on the Sarrafe Defi Platform. If you transfer Digital Assets to an incorrect address, or if the Digital Assets transferred are not approved and supported by Sarrafe, or are subject to prohibitions or limitations regarding such transactions, as indicated in the Sarrafe Wallet and on the Sarrafe Defi Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss. The Sarrafe Wallet, being a decentralized on-chain wallet, processes all Digital Asset transfers automatically according to your instructions and thus Sarrafe cannot guarantee the identity of any recipient. It is up to you to verify all transaction information prior to authorizing a transfer. The Digital Asset transfer cannot be cancelled or reversed once conducted. You understand that following approved on-chain transactions are irreversible. You acknowledge that you are responsible for ensuring the accuracy of any instructions input to the Sarrafe Wallet and that any errors may result in the irreversible loss of your Digital Asset.We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of your on-chain interactions with a third party. We are not responsible for ensuring that a third-party vendor you transact with will complete the transaction or is authorized to do so. If you experience a problem with any third party transactions, using Digital Assets transferred from your Sarrafe Wallet, or if you have a dispute with such a third party, you shall resolve the dispute directly with that third party. You understand and acknowledge that your non-fungible Digital Assets - NFTs may be subject to terms and conditions imposed by third-parties (for example an NFT marketplace or platform on which you purchased said NFT) which may govern, without limitation, your use, storage and transfer of your NFTs. It is your responsibility to understand such third-party terms and conditions and whether your use, sharing, storage and transfer of your NFTs complies with such third-party terms and conditions.You represent and warrant that you have the necessary rights to use, store, share, display, receive and transfer your NFTs and such use, storage, sharing, displaying, receiving, and transferring of your NFTs will not infringe on the rights of any third party or breach any applicable laws.When transferring your NFT from your Sarrafe Wallet, you are responsible for ensuring that the recipient wallet address supports the storage of NFTs, is a valid address compatible with the supported NFT standards as indicated on the Sarrafe Defi Platform. We are not liable for any losses of your NFT and will not assist in retrieving such lost NFT if you fail to do so.Should, in accordance with Art. XVI.3, your access to the Sarrafe Wallet be suspended, your Identity will no longer be able to interact with the Sarrafe Wallet and the Services provided therein. Your Identity and its content will remain unimpacted and at your disposal. You will be able to retrieve your Digital Assets to your External Non-Custodial Wallet.
IX. EARN
The Sarrafe Wallet facilitates access to certain whitelisted Lending Protocols. Such Lending Protocols may, occasionally, accept liquidity by means of Digital Asset deposits in publically announced Pools and in return compensate liquidity providers with Interest in the form of Digital Assets.Sarrafe has sole and absolute discretion to determine which Lending Protocol is available through the Sarrafe Wallet. The number, currency, and duration of the available Pools depend on the Lending Protocol. As such, Sarrafe does not guarantee the unlimited support and availability of any particular Lending Protocol and respective Pool. Furthermore, Sarrafe has no discretion or control with respect to the Pool size or the respective payout and/or the allocation schedule of the accrued Interest.At no point does Sarrafe take custody of any deposited Digital Assets. Each deposit and withdrawal is initiated by the Sarrafe Wallet as an on-chain transaction, while the Interest is generated and paid out by the respective Lending Protocol. As such the Interest- and/or reward-generation conditions established by the Lending Protocol per Pool apply.You may deposit your Digital Assets from either of a) your Identity, b) a connected External Non-Custodial Wallet, or c) another unconnected wallet. Upon successful deposit transaction, your designated source address will be credited the selected amount and the designated Pool will be debited the selected amount net of any applicable Gas fees. Sarrafe reserves the right to apply a minimum transaction amount.You may, at any time, withdraw your deposited Digital Assets along with the accrued Interest and applicable rewards, if any, to either of a) your Identity, b) a connected External Non-Custodial Wallet, or c) another unconnected wallet. Following a successful withdrawal transaction, your designated destination address will be debited the total available amount net of applicable Gas fees and withdrawal fees indicated in the Sarrafe Wallet section in the platform Help Center, if any.
X. RISK DISCLOSURE
Digital Assets are more volatile relative to most fiat currencies, and other assets, and this unpredictability of their price may result in significant losses over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Sarrafe. You shall, therefore, carefully consider whether holding Digital Assets is suitable for you in light of your financial condition. Digital Assets are not money or legal tender, are not backed by the government or by a central bank, and most do not have any underlying assets, revenue stream, or another source of value.The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Sarrafe Wallet or any of  the Services on the Sarrafe Defi Platform. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks, and any losses due to fraudulent or accidental transactions will likely not be recoverable. Keep in mind that we do not provide investment advice and the information coming from Sarrafe shall not be used as a basis for making decisions about investing in a particular Digital Asset. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY FEATURE OF THE SARRAFE WALLET IS LEGAL IN YOUR JURISDICTION, AND YOU SHALL NOT USE THIS SARRAFE WALLET SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.You understand and agree that you use the Sarrafe Wallet and the related Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Sarrafe Wallet. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. Nothing in these General Terms or through any Available Protocol is a prospectus, nor a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. Sarrafe makes no representation regarding the regulatory or legal status of any Digital Asset, regardless of whether such Digital Asset is compatible or incompatible with any Available Protocols. Sarrafe will not make any attempt to register any Available Protocol under any legal or regulatory regime, nor is Sarrafe aware of any review of any Available Protocol by any regulatory authority in any jurisdiction. Under no circumstances do these General Terms or any other material relating to the Available Protocol constitute recommendation or advice of any kind.The use of such Available Protocols may involve significant risks which are outside Sarrafe’s control. You must consider all applicable risks carefully and determine whether they are acceptable to you. Such risks include but are not limited to:Partial or total loss of Digital Assets, or of any value attributed to Digital Assets;Collapse in liquidity with respect to a Digital Asset;Changes in the compatibility of a Digital Assets with the Available Protocol;Changes in these Terms and/or Available Protocol Terms;Regulatory uncertainty with respect to Digital Assets, and government action against Digital Assets and persons involved in Digital Assets activities;Extreme fluctuations in prevailing fees and uncertainty with respect to other transaction parameters;Various forms of misconduct, including: i. market manipulation; ii. trading Digital Assets on the basis of non-public information; and iii. front running;Failure of Digital Assets transactions to be confirmed in a timely manner, or at all;Counterparty risk;Faults, defects, hacks, exploits, errors or unforeseen circumstances occurring in respect of the Def Protocols or the technologies on which the Available Protocols depends;Failure or non-availability of the Available Protocols or technologies on which the DeFi Protocols depends, including the Internet, and technological advancement rendering certain technologies obsolete; and/orAttacks on the Available Protocols or technologies on which the Available Protocols depend, including: i. distributed denial of service; ii. sybil attacks; iii. phishing; iv. social engineering; v. hacking; vi. smurfing; vii. malware; viii. double spending; ix majority-mining; consensus-based or other mining attacks; misinformation campaigns; xi. forks; and xii. Spoofing.
XI. FORKS
It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset’s network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function, and/or name of the initial Digital Asset. Upon becoming aware of a Fork and to the extent we have any rights or are able to take any action in the event of a Fork, we may temporarily suspend our Services (with or without advance notice to you) while we determine, at our sole and absolute discretion, which network to support. Such networks and forked Digital Assets are outside of our control, and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the Fork of the Digital Asset. While you are entitled to any forked Digital Assets, any Digital Assets unsupported by Sarrafe that you receive in your paired External Non-Custodial Wallet or your Identity, will not be visible in your Sarrafe Wallet.
XII. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant and confirm that:You meet the conditions under Section IV;You validly undertake any action or enter into any transaction with regard to the General Terms;The Digital Assets, which you have stored or will store in your Sarrafe Wallet, or the funds, which you have used or will use for purchase of the Digital Assets to be stored into your Sarrafe Wallet, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Sarrafe shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Sarrafe Wallet, for which Sarrafe shall not be held liable. You shall hold Sarrafe harmless from any expenses and losses resulting from the above uncertainty;You are aware that you use the Sarrafe Defi Platform and the Sarrafe Wallet, and the respective Services fully at your own risk.You hereby undertake to:Use the Sarrafe Defi Platform and the Sarrafe Wallet and the related Services in good faith;Not violate or breach any terms of these General Terms, or any Applicable Law in any relevant jurisdiction; Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;Not use the Sarrafe Defi Platform and the Sarrafe Wallet and the related Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters;Not provide false, inaccurate, incomplete, out-of-date or misleading information;Not interfere, intercept, or expropriate our network, system, data, or information;Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other Clients’ Identity accounts, website, network or systems relating to the Sarrafe Wallet;Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sarrafe Wallet and the related Services;Not use the Sarrafe Defi Platform and the Sarrafe Wallet in a way that could damage, disable, impair or compromise the Sarrafe Defi Platform or the provision of the Sarrafe Wallet, or interfere with other Clients, or affect the reputation of Sarrafe;Not take any action that imposes an unreasonable or disproportionately large burden or load on the Sarrafe infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other Clients of the Sarrafe Wallet;Not engage in any written or verbal communication or conduct towards Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful;
XIII. INTELLECTUAL PROPERTY RIGHTS
Sarrafe is the owner of all rights, titles and interest in the Sarrafe Wallet and all proprietary technology available on the Sarrafe Defi Platform, including but not limited to apps, algorithms, architecture, user interface designs, documentation, smart contracts code, know-how and trade secrets and derivative works thereof (“Sarrafe Intellectual Property”). By accepting these General Terms, Sarrafe grants you a personal, limited, non-exclusive, revocable and non-transferable license to use the Sarrafe Intellectual Property. You may only use the granted license in a manner consistent with the General Terms. You shall not interfere with, disrupt, or cause damage to the Sarrafe Defi Platform, produce derivative work based on the licensed intellectual property, reverse engineer, decompile or disassemble any part of it.
XIV. AVAILABLE PROTOCOLS
The Sarrafe Wallet may, within its interface, contain references or links to Available Protocols along with resources, including (but not limited to) information, materials, products, or services that we do not own or control. Sarrafe makes no representations, warranties, guarantees or undertakings in respect of any Available Protocols, whether expressed or implied by operation of law.Where such Available Protocols are built and offered by a third party made available through the Sarrafe Wallet, such Available Protocols are offered on a voluntary, "as-is" and "as available" basis and Sarrafe is not involved in any transactions, whether as an intermediary, counterparty, advisor or otherwise. You acknowledge and agree that the Sarrafe Wallet is only intended as an intermediary to facilitate your access to the different blockchain networks that such  Available Protocols are built on. Sarrafe is not involved in any transactions, whether as an intermediary, counterparty, advisor or otherwise. Furthermore, Sarrafe cannot guarantee the availability of such Available Protocols.Available Protocols, along with their features, are not a Sarrafe service of any kind and you should not rely on Sarrafe to assist you in evaluating the Available Protocol, assess its fitness for any purpose or comply with any requirements. You assume all risk arising from interactions with the Available Protocol and agree to indemnify Sarrafe against liability for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with the Available Protocol.Without limitation, you are solely responsible for identifying and complying with applicable legal and regulatory requirements in connection with the use of the Available Protocol, including with respect to any transactions. Your use of the Available Protocols may be subject to terms and conditions imposed by the Available Protocols provider. It is your responsibility to understand the Available Protocol Terms and ascertain whether you are eligible for interacting with the DeFi Protocol.Fees and charges may apply in connection with interacting with any Available Protocol through the Sarrafe Wallet. You are responsible for identifying and satisfying all such fees and charges.Before interacting with any Available Protocol, you must conduct your own due diligence and ensure you comply with all applicable legal and regulatory requirements, including with respect to virtual assets, taxes, securities and other regulations in your jurisdiction.Sarrafe has sole and absolute discretion to determine to support and grant access to various Available Protocols. Such support or access may be discontinued by Sarrafe at any time without an obligation on Sarrafe to notify you in advance.
XV. PRIVACY NOTICE
Your Identity and, subsequently the Sarrafe Wallet, is a decentralized smart contract connected to your Signer and its corresponding blockchain address. Setting up an Identity does not require the collection of any personal data by Sarrafe for verification purposes. By creating and deploying your Identity, Sarrafe stores the address of your Signer and all associated External Non-Custodial Wallets. In that regard, we do not use browser cookies and we do not collect your IP address, social media profiles, KYC-related and other personal data. Except for blockchain addresses (Signer and Identity addresses, as well as, some data regarding NFTs and ENSs connected to your profile), Sarrafe does not collect or process any personal data of its Clients.When operating with your Sarrafe Wallet, Sarrafe has access to and may track transaction data for the purpose of complying with these General Terms, the Applicable law and the relevant sanction regimes.The Sarrafe Wallet is built on blockchain technology. Accordingly, by design, and practically, the records cannot be changed or deleted and are thus ‘immutable’. To the extent that you have made certain personal identifiers publically available, this may affect your ability to exercise your rights, such as your right to erasure (‘right to be forgotten’), or your rights to object or restrict processing of your personal data. On-chain data cannot be erased and cannot be changed.In relation to Section XVI.3 Letter b) Sarrafe reserves the right to request additional information and supporting documentation in relation to personal identifiers, for the purpose of cooperating with regulatory demands.
XVI. REFUSAL TO PROVIDE SARRAFE WALLET.
LIMITATION, SUSPENSION OR TERMINATION OF THE SARRAFE WALLET.
Sarrafe reserves the right to, at its sole and absolute discretion, refuse to grant you access to the Sarrafe Wallet, including for purposes of compliance with any Applicable Law.The storage and transferring of Digital Assets into your Sarrafe Wallet may be subject to certain limits imposed by Sarrafe (as may be amended from time to time at Sarrafe sole and absolute discretion). In addition to the Digital Assets listed on the Sarrafe Defi Platform, you may import Digital Assets whitelisted by Sarrafe to your Sarrafe Wallet. The whitelisting process applied by Sarrafe is only aimed at assisting you with securely identifying the address associated with the particular Digital Asset, and does not provide any additional guaranties regarding the characteristics of said Digital Asset.Sarrafe may, at any time and without liability, terminate, suspend, limit your use, or the functionality, of the Sarrafe Wallet, including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon Sarrafe’s suspicion that a transaction or your use of the Sarrafe Wallet may be connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities); (d) any of your External Non-Custodial Wallets or your Signer is subject to any legal proceedings; (e) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (f) for maintenance of the system; or (g) if there is a change in the eligibility criteria for setting up a Sarrafe Wallet.Sarrafe may, at any time and without liability: (a) update or change any features, components or content of the Sarrafe Wallet, cease to accept and support any Digital Assets, determined as per Sarrafe’s sole and absolute discretion. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you; or (b) suspend, terminate, cancel or change any incentive program and/or any pay-out in regard thereto. If we decide to undertake any of the actions under Art. XVI.3 and XVI.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reinstatement is possible once the reasons for the relevant suspension or limitation no longer exist.Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XVI.3 and XVI.4 and you will not be released from any liability having arisen prior to such. Sarrafe shall not owe you any payment, compensation or damages in relation to any suspension, limitation, or termination of your use of the Sarrafe Wallet, regardless of the reason therefor. Our rights for suspension, limitation, and termination under this Section XVI shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).You may, at any time, suspend or terminate your access to and use of any of the Sarrafe Wallet. In order to do so, you shall submit a request to Sarrafe. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closing and that the relevant Sarrafe Wallet will not be accessible thereafter. Due to the inherent nature of smart contracts, however, Sarrafe may not delete the Sarrafe Wallet itself on your behalf.
XVII. LIMITATION OF LIABILITY
THE SARRAFE WALLET IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SARRAFE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SARRAFE WALLET UNDER THESE GENERAL TERMS. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);ARISING FROM OR IN CONNECTION WITH:ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE SARRAFE DEFI PLATFORM AND THE RELATED SERVICES;FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;  ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE SARRAFE DEFI PLATFORM OR THE SARRAFE WALLET;ANY UNAUTHORIZED OR INELIGIBLE USE OF THE SARRAFE WALLET AND THE RELATED SERVICES CONTRARY TO THESE GENERAL TERMS;DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT SARRAFE WALLET, YOUR IDENTITY OR ANY INFORMATION CONTAINED THEREIN. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SARRAFE WALLET AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO SARRAFE FOR YOUR USE OF THE RELEVANT SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE). NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XVIII. DEFAULT
The occurrence of one of the following events constitutes an Event of Default:
a)
The Client breaches any of the Client’s obligations or warranties under these General Terms;
b)
It is or becomes illegal for the Client to perform the Client’s obligations under these General Terms;In case of an Event of Default, Sarrafe is entitled:
a)
To terminate these General Terms with immediate effect;
b)
To take any action it deems necessary to protect its interests.
XIX. TERMINATION
These General Terms shall be terminated immediately by stopping your access to the Sarrafe Wallet and Identity, on the grounds of Art. XVIII.2, Letter a) or otherwise, and discontinuing the use of the Sarrafe Wallet. The General Terms can be terminated upon written notice by Sarrafe if Sarrafe discontinues the offering of the Sarrafe Wallet, regardless of the reasons. The termination of these General Terms shall not prevent any Party from seeking any remedies against the other Party for any breach of these General Terms occurring prior to such termination.
XX. NOTICES. ELECTRONIC COMMUNICATIONS
We may provide notices through posting on the Sarrafe Defi Platform or the Sarrafe Wallet.Any notice required or made under these General Terms by the Client to Sarrafe shall only be made via e-mail in English to support@Sarrafe.com. Your feedback or questions may be referred to Sarrafe via e-mail in English to support@Sarrafe.com, or through other communication channels indicated by Sarrafe from time to time on the Sarrafe Defi Platform. We will do our best to respond as soon as possible. We will not be responsible for any loss or damage sustained until we get back to you. You shall be fully responsible for the security and authenticity of all instructions sent through the Sarrafe Defi Platform and the Sarrafe Wallet and you shall be bound by all such instructions. We will assume that all the instructions received from your Identity are coming from you and we shall not be obliged to verify this.You accept the risk that your instructions and information submitted via such instructions may not be protected against unauthorized access when provided via email, as being transmitted via the Internet.You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Sarrafe Defi Platform and the Sarrafe Wallet (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.You acknowledge and agree that in the event of any dispute arising in connection with your use of the Sarrafe Defi Platform and the Sarrafe Wallet, our records of all matters related to your use of the Sarrafe Defi Platform and the Sarrafe Wallet on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
XXI. GOVERNING LAW AND JURISDICTION
The General Terms shall be governed exclusively by the substantive law of England and Wales.Any dispute arising out of or in connection with the General Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
XXII. MISCELLANEOUS
These General Terms represent the entire agreement between you and Sarrafe in relation to the use of the Sarrafe Wallet. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel. Sarrafe shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Defi Platform unless otherwise indicated. You shall regularly check the Sarrafe Defi Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add or remove any feature or functionality of the Sarrafe Defi Platform without prior notice. By continuing to use the Sarrafe Defi Platform and/or the Sarrafe Wallet, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed Sarrafe Defi Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Sarrafe Defi Platform and/or the Sarrafe Wallet immediately.The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of these General Terms.The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.The failure by Sarrafe to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.Providing you with the Sarrafe Wallet does not make Sarrafe your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Sarrafe Wallet and Identity other than those expressly specified hereunder.None of your rights and obligations arising out of the General Terms are assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer these General Terms and the rights and obligations hereunder to any third party at any time, without notice or your consent.Except for the legal entities belonging to the Sarrafe group of companies, a person who is not a party to these General Terms, shall not be entitled to enforce it.These General Terms are prepared and concluded in the English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
The Sarrafe Earn Interest Product is not available for citizens or residents of certain jurisdictions, including where restrictions and limitations may apply, such as the USA, Bulgaria and Estonia. Please note that the Sarrafe Earn Interest Product General Terms and Conditions below shall govern your relations with Sarrafe only to the extent and subject to the limitations and restrictions set forth therein.
Sarrafe Earn Interest Product General Terms and Conditions
I. INTRODUCTION
These Sarrafe Earn Interest Product General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe” or “we”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Sarrafe Earn Interest Product, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Unless stated otherwise, references shall be made to the Sarrafe Services General Terms and Conditions and the Sarrafe Crypto Credit General Terms and Conditions, and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Sarrafe Services General Terms and Conditions or the Sarrafe Crypto Credit General Terms and Conditions, as the case may be.
III. CLIENT
You can enter into this Agreement and use the Sarrafe Earn Interest Product only if all of the conditions below are met:You have opened a Sarrafe Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Sarrafe Services General Terms and Conditions;You are not a citizen or resident of the USA, Canada, Bulgaria and Estonia, and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Sarrafe Earn Interest Product.By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Sarrafe Earn Interest Product and/or the related Sarrafe Services to you and close your Sarrafe Account, and do not allow you to use the Sarrafe Earn Interest Product and/or the related Sarrafe Services.At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Sarrafe Earn Interest Product; (ii) change the conditions for entering into the Agreement or use of the Sarrafe Earn Interest Product; (iii) suspend the provision of the Sarrafe Earn Interest Product or of all or part of the related Sarrafe Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Sarrafe Earn Interest Product.
IV. SPECIFIC FEATURES OF THE SARRAFE EARN INTEREST PRODUCT
The Sarrafe Earn Interest Product allows you to earn Interest on certain Digital Assets topped up into the Savings Wallet of your Sarrafe Account in accordance with Section V of the Sarrafe Services General Terms and Conditions, or moved to the Credit Wallet of your Sarrafe Account (applicable only to some Digital Assets). All such Digital Assets are indicated on the Sarrafe Platform and in the Sarrafe Account and are subject to revision from time to time, at our sole and absolute discretion. As a rule, Interest is earned on all Digital Assets falling within the above category unless used for other purposes on the Sarrafe Platform.You are allowed to have multiple active Sarrafe Earn Interest Products, running simultaneously. Interest will be accrued separately on each Sarrafe Earn Interest Product.You may opt for a Sarrafe Earn Interest Product for a flex term (“FLEX Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Sarrafe Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Sarrafe Platform and may be changed by Sarrafe from time to time, at its sole and absolute discretion.If you opt for a Sarrafe Earn Interest Product for a Fixed Term, you cannot terminate the Agreement in the relevant part thereof governing your use of this Sarrafe Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term. However, in cases where the LTV of your Sarrafe Crypto Credit reaches the relevant threshold, as indicated in the Sarrafe Crypto Credit General Terms and Conditions and on the Sarrafe Platform, and you have enabled the available options in your Sarrafe Account, certain amount and type of Digital Assets and/or Interest, to which the relevant Sarrafe Earn Interest Product(s) for a Fixed Term applies, may be automatically transferred from the Savings Wallet to the Credit Wallet of your Sarrafe Account to serve as additional Collateral of Sarrafe Crypto Credits, subject to the procedure described on the Sarrafe Platform. The Sarrafe Earn Interest Product for a Fixed Term may be automatically renewed, if you opt for this in your Sarrafe Account, and each new Fixed Term will be governed by the terms applicable to the Sarrafe Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Sarrafe will consider your choice on the date of expiry of each Fixed Term. Unless you have opted for automatic renewal, after the date of expiry of the relevant Fixed Term, the Digital Assets subject of the Sarrafe Interest Product for this Fixed Term will continue to earn Interest in accordance with the terms applicable to the Sarrafe Earn Interest Product for a FLEX Term.
V. INTEREST
The Interest shall commence accruing on the Digital Assets at a certain rate, as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Sarrafe Account (“Start Time”), and may be earned in the same Digital Assets as the ones on which it is accrued or in SARRAFE Tokens (applicable to Digital Assets different from SARRAFE Tokens), as per your choice on the Sarrafe Platform. You may, at any time, switch from earning in-kind to earning in SARRAFE Tokens, if applicable, and vice versa. The Interest shall be compound when earned in-kind and simple when earned in SARRAFE Tokens.The Interest shall be subject to revision from time to time, at our sole and absolute discretion. As a rule, in case you opt for earning in SARRAFE Tokens rather than earning in-kind, if applicable, higher Interest shall be accrued on your Digital Assets, consisting of the standard Interest applicable to the relevant Digital Assets and bonus Interest, as indicated on the Sarrafe Platform. We will notify you of the new Interest on the Sarrafe Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.The Interest shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in SARRAFE Tokens, if applicable, for the purpose of determining the amount of the latter, the USD equivalent of the in-kind Interest on the relevant Digital Assets up to the above time is converted into SARRAFE Tokens.The Interest for the Sarrafe Earn Interest Product for a FLEX Term shall be credited to your Sarrafe Account at a certain time on each calendar day, but no earlier than the Start Time. The Interest for the Sarrafe Earn Interest Product for a Fixed Term shall be credited to your Sarrafe Account on the date of expiry of the relevant Fixed Term unless up to this date all the Digital Assets, to which the relevant Sarrafe Earn Interest Product for a Fixed Term applies, have been automatically transferred to the Credit Wallet of your Sarrafe Account to serve as additional Collateral in accordance with Art. IV.4. However, the Interest shall be visible in your Sarrafe Account for the duration of the Fixed Term for your convenience only.The Interest, if any subject to Art. V.4, shall be accrued on the Digital Assets until the date of your request for withdrawal under Art. VI.2, in case of a Sarrafe Earn Interest Product for a FLEX Term, or until the date of expiry of the relevant Fixed Term, in case of a Sarrafe Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Sarrafe Account up to the time of your request, respectively expiry of the relevant Fixed Term.Sarrafe reserves its right to grant preferential Interest or other terms to certain Clients, specific terms and additional conditions, as part of marketing campaigns or otherwise, as indicated on the Sarrafe Platform and subject to revision from time to time, at its sole and absolute discretion. In case of automatic renewal, as described in Art. IV.5, preferential Interest and/or other terms will not apply, while the new Fixed Term will be renewed at the shortest possible term or if not applicable - at the next term in ascending order.
VI. TOPPING UP AND WITHDRAWAL OF DIGITAL ASSETS
You may top up Digital Assets into the Sarrafe Account at any time in accordance with Section V of the Sarrafe Services General Terms and Conditions, while the minimum amount of each Digital Asset required is indicated on the Sarrafe Platform and subject to revision from time to time, at our sole and absolute discretion.You may request for withdrawal of the Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the Digital Assets and of the Interest accrued thereon, if any, in accordance with Art. VI.1 and VI.2 of the Sarrafe Services General Terms and Conditions: (i) at any time, when using a Sarrafe Earn Interest Product for a FLEX Term; or (ii) on the date of expiry of the relevant Fixed Term, when using a Sarrafe Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal. The withdrawals within the limits specified on the Sarrafe Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Sarrafe within the terms under Art. VI.3 of the Sarrafe Services General Terms and Conditions.
VII. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant and confirm that:You meet the conditions under Art. III.1.;You validly undertake any action or enter into any transaction with regard to the Agreement;The Digital Assets, which you have topped up or will top up into your Sarrafe Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Sarrafe Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;You have submitted to Sarrafe only complete, correct and up-to-date information and documents;You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Sarrafe shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Sarrafe Services, for which Sarrafe shall not be held liable. You shall hold Sarrafe harmless from any expenses and losses, resulting from the above uncertainty;You are aware that you use the Sarrafe Account, the Sarrafe Platform and the Sarrafe Earn Interest Product fully at your own risk.You hereby undertake to: Use the Sarrafe Account, the Sarrafe Platform, the Sarrafe Earn Interest Product and the related Sarrafe Services in good faith;Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;Not provide false, inaccurate, incomplete, out-of-date or misleading information;Not interfere, intercept, or expropriate our network, system, data, or information;Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems concerning the Sarrafe Earn Interest Product and/or the related Sarrafe Services;Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sarrafe Earn Interest Product and/or the related Sarrafe Services;Not engage in any written or verbal communication or conduct towards Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful;Keep the data required for using the Sarrafe Account unavailable for third parties;Inform Sarrafe about any change in the information and documents submitted to Sarrafe, in particular in your contact details, within 1 (one) day as of the change.Comply with other terms under Art. X.2 of the Sarrafe Services General Terms and Conditions, as applicable.
VIII. RISK DISCLOSURE
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Sarrafe. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Sarrafe Earn Interest Product, the related Sarrafe Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.Keep in mind that we do not provide investment advice and the information coming from Sarrafe shall not be used as a basis for making decisions about investing in a particular Digital Asset.YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE SARRAFE EARN INTEREST PRODUCT IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.We may be forced to suspend, discontinue, or change aspects of the Sarrafe Earn Interest Product or any of the related Sarrafe Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Sarrafe Account may be frozen for an indefinite period of time until the matter is resolved.You understand and agree that you use the Sarrafe Account and the Sarrafe Earn Interest Product at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Sarrafe Earn Interest Product and any of the related Sarrafe Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. LIMITATION OF LIABILITY
THE SARRAFE EARN INTEREST PRODUCT IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SARRAFE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SARRAFE EARN INTEREST PRODUCT UNDER THESE GENERAL TERMS.SARRAFE LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY SARRAFE, AT OUR SOLE AND ABSOLUTE DISCRETION:RE-SUPPLYING, REPLACING OR REPAIRING THE SARRAFE EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED; ORPAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SARRAFE EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);ARISING FROM OR IN CONNECTION WITH:ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE SARRAFE PLATFORM OR THE SARRAFE EARN INTEREST PRODUCT;FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE SARRAFE PLATFORM OR THE SARRAFE EARN INTEREST PRODUCT;ANY UNAUTHORIZED OR INELIGIBLE USE OF THE SARRAFE EARN INTEREST PRODUCT CONTRARY TO THESE GENERAL TERMS;DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SARRAFE EARN INTEREST PRODUCT, YOUR SARRAFE ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SARRAFE EARN INTEREST PRODUCT AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO SARRAFE FOR YOUR USE OF THE SARRAFE EARN INTEREST PRODUCT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
X. DEFAULT. INDEMNIFICATION
The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches any of the Client’s obligations or warranties under these General Terms;

b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;

c) Sarrafe is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

In case of an Event of Default, Sarrafe is entitled:

a) To terminate this Agreement with immediate effect;

b) To take any action it deems necessary to protect its interests.

You shall defend, indemnify, and hold harmless Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Sarrafe Earn Interest Product in violation to these General Terms or any Applicable Law.
XI. TERMINATION
This Agreement shall be terminated immediately by closing of your Sarrafe Account, on the grounds of Art. X.2, Letter a) or otherwise, and discontinuing use of the Sarrafe Earn Interest Product. The Agreement can be terminated upon written notice by Sarrafe if Sarrafe discontinues the offering of the Sarrafe Earn Interest Product, regardless of the reasons. In all cases of termination under this Art. XI.1, you are not entitled to receive any Interest in regard to the Sarrafe Earn Interest Products for a Fixed Term, when the relevant Fixed Term has not expired up to the termination date, and such Interest will not be credited to your Sarrafe Account.All your debts to Sarrafe shall have been settled and there shall be no balance in your Sarrafe Account prior to suspension or closing thereof. You are entitled to recover the remaining balance of Digital Assets together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, subject to revision from time to time, at our sole and absolute discretion. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XII. NOTICES
Any notice required or made under these General Terms from Sarrafe to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Sarrafe Platform.Any notice required or made under these General Terms by the Client to Sarrafe shall only be made via e-mail in English to support@sarrafe.com.
XIII. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed exclusively by the substantive law of England and Wales.Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
XIV. MISCELLANEOUS
The Intellectual Property remains an exclusive property of Sarrafe and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.This Agreement, together with the Sarrafe Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Sarrafe in relation to the use of the Sarrafe Earn Interest Product. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel, including any statements in Sarrafe’s whitepaper.You understand and agree that we might convert, pledge, re-pledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, dispose of or use any amount of any Digital Assets in regard to which you use the Sarrafe Earn Interest Product, separately or together with other property, and for any period of time, and without retaining in our possession and/or control for delivery a like amount thereof or any other assets, at our sole and absolute discretion. Any such action will be performed in our name only and you will have no benefits and liabilities from it.Sarrafe shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform, unless otherwise indicated. You shall regularly check the Sarrafe Platform to inform yourself about any such amendments or supplements. By continuing to use the Sarrafe Earn Interest Product, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Sarrafe Earn Interest Product immediately.The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.The failure by Sarrafe to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.Providing you with the Sarrafe Earn Interest Product does not make Sarrafe your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Sarrafe Account other than those expressly specified hereunder.None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.Except for the legal entities belonging to the Sarrafe group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.Any issues which are not settled hereby shall be governed by the Sarrafe Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Sarrafe Services General Terms and Conditions, these General Terms shall prevail.This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Sarrafe Exchange Service General Terms and Conditions
I. INTRODUCTION
These Sarrafe Exchange Service General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe” or “we”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Sarrafe Exchange Service, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Base Asset
means the first Digital Asset in the Trading Pair, as indicated on the Sarrafe Platform and in the Sarrafe Account, which may be chosen by you for the purpose of an Exchange Transaction;
Counter Asset means the second Digital Asset in the Trading Pair, as indicated on the Sarrafe Platform and in the Sarrafe Account, which may be chosen by you for the purpose of an Exchange Transaction;
Exchange means any exchange used by Sarrafe for the purpose of an Exchange Transaction;
Exchange Price means the price at which an Exchange Transaction is executed by Sarrafe, including the relevant fees, if any;
Exchange Transaction means a sale transaction regarding a Trading Pair (or the fiat equivalence of the Base Asset and Counter Asset in cases of EURx/GBPx/USDx) initiated by the Client in the Sarrafe Account, by an Order to Sarrafe to place a sale order with an Exchange and execute a sale transaction thereon, and/or the sale transaction executed by Sarrafe on the relevant Exchange, while the above sale transactions may be more than one, as the case may be and to the extent needed and applicable;
Trading Pair means a Base Asset and a Counter Asset, regarding which (or the fiat equivalence of which in cases of EURx/GBPx/USDx) an Exchange Transaction is initiated by the Client and/or executed by Sarrafe;
Trigger Price means the determined by the Client price under a Trigger Swap Order at which an Exchange Transaction is executed by Sarrafe, including the relevant fees, if any;
Order means an instruction from you to Sarrafe to execute an Exchange Transaction and top up the proceeds thereof, respectively the relevant Counter Assets, into your Savings or Credit Wallet, as the case may be.Unless stated otherwise, references shall be made to the Sarrafe Services General Terms and Conditions and the Sarrafe Crypto Credit General Terms and Conditions, and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Sarrafe Services General Terms and Conditions or the Sarrafe Crypto Credit General Terms and Conditions, as the case may be.
III. CLIENT
You can enter into this Agreement and use the Sarrafe Exchange Service only if all of the conditions below are met:You have opened a Sarrafe Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Sarrafe Services General Terms and Conditions;You are not a citizen or resident of the USA, Canada, Australia1, UK2, Bulgaria, Estonia, or any other jurisdiction specified on the Sarrafe Platform, and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Sarrafe Exchange Service.By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Sarrafe Exchange Service and/or other Sarrafe Services to you and close your Sarrafe Account, and do not allow you to use the Sarrafe Exchange Service and/or the other Sarrafe Services.At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Sarrafe Exchange Service; (ii) change the conditions for entering into the Agreement or use of the Sarrafe Exchange Service; (iii) suspend the provision of the Sarrafe Exchange Service or of all or part of the other Sarrafe Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Sarrafe Exchange Service.
IV. SPECIFIC FEATURES OF THE SARRAFE EXCHANGE SERVICE
The Sarrafe Exchange Service allows you to initiate the execution of an Exchange Transaction, using the Base Assets in your Savings or Credit Wallet, and the subsequent topping up of the proceeds thereof, respectively the relevant Counter Assets, into the same Savings or Credit Wallet. You cannot initiate an Exchange Transaction using Base Assets in your Credit Wallet when (i) these Base Assets serve as Collateral of a current Sarrafe Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Counter Assets intended to serve as Collateral of the same Sarrafe Crypto Credit instead of the Base Assets, or (ii) you wish to execute a Trigger Swap Order, as indicated on the Sarrafe Platform and in the Sarrafe Account.You may only initiate an Exchange Transaction regarding the Trading Pairs and within the limits as indicated on the Sarrafe Platform and in the Sarrafe Account, which are subject to revision from time to time at our sole and absolute discretion.
V. INITIATION AND EXECUTION OF EXCHANGE TRANSACTIONS
You may, upon your instruction to Sarrafe, initiate the execution of an Exchange Transaction by selecting a Trading Pair, using available Digital Assets in your Sarrafe Account as Base Assets. If you do not have the Base Asset needed for the execution of an Exchange Transaction (applicable only to the cases where the Base Asset is EURx/GBPx/USDx), you may initiate the execution of a purchase transaction in accordance with Art. V.5.(ii) of the Sarrafe Services General Terms and Conditions, a subsequent Exchange Transaction, and the topping-up of the proceeds of the latter, respectively the relevant Counter Asset, into your Savings Wallet. For the avoidance of doubt, the relevant Counter Asset will be topped up into your Savings Wallet only under the condition that both the purchase transaction and the Exchange Transaction under the preceding sentence have been executed.You must select the type and amount of the Base Asset you wish to sell and the Counter Asset you wish to buy, thus selecting the Trading Pair, before you place one of the following Orders with Sarrafe:
Swap Order - an Order whereby you instruct Sarrafe to execute an Exchange Transaction at the best price available at the relevant Exchange(s). Sarrafe will show you the relevant Exchange Price in the Sarrafe Account and if the Exchange Transaction can be executed at more than one Exchange, Sarrafe will strive to execute the Exchange Transaction at the best price available at these Exchanges. However, we do not guarantee the availability of any price.
Trigger Swap Order - an Order whereby you instruct Sarrafe to execute an Exchange Transaction, by choosing among the following settings:

(i) you instruct Sarrafe to execute an Exchange Transaction to buy the Digital Assets, when the Trigger Price of the Counter Asset is below a certain value determined by you and compared to the last traded price of such Digital Assets on the relevant Exchanges, as indicated on the Sarrafe Platform;

(ii) you instruct Sarrafe to execute an Exchange Transaction to sell the Digital Assets, when the Trigger Price of the Base Asset is above a certain value determined by you and compared to the last traded price of such Digital Assets on the relevant Exchanges, as indicated on the Sarrafe Platform. Trigger Swap Orders will be pending until the Trigger Price is reached or the Order is canceled by the Client, or in the cases under Art. VI.1. of the Sarrafe Crypto Credit General Terms and Conditions. The Base Assets subject to Trigger Swap Orders will continue earning Interest in accordance with the Sarrafe Earn Interest Product(s) for a FLEX Term in your Sarrafe Account, but cannot be withdrawn, used for repayment of the Sarrafe Crypto Credit, nor will be eligible for cashback, while other limitations as indicated on the Sarrafe Platform may apply, subject to revision from time to time at our sole and absolute discretion.The Exchange Transactions are irreversible and final once you have provided the relevant instructions to Sarrafe, and you may not change, withdraw or cancel the Order to Sarrafe to complete any pending or partially completed Exchange Transaction, exceptions apply to the Trigger Swap Orders as indicated on the Sarrafe Platform and in your Sarrafe Account. You are responsible for all Orders you place and your decisions to sell, implement and maintain the Digital Assets in your Sarrafe Account. Sarrafe shall not be liable for any partially completed Exchange Transactions.Your Orders shall be processed by Sarrafe immediately, excluding the cases where you have opted for recurring Digital Assets purchases under Art. 5.(ii) of the Sarrafe Services General Terms and Conditions and the Trigger Swap Orders, while their status may be tracked in the Sarrafe Account. However, due to technical reasons, the processing may take a longer period of time, for which Sarrafe cannot be held liable. Sarrafe devotes significant efforts to ensure that any processing falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your Order.Once your Order has been executed, the Counter Assets have been topped up into your Sarrafe Account, respectively your Sarrafe Account balance has been updated, you will receive confirmation of the Exchange Transaction via e-mail.You will not be able to place an Order (i) using Base Assets not available in your Savings or Credit Wallet; (ii) above or under the permitted limits as indicated on the Sarrafe Platform and in your Sarrafe Account; (iii) when the Base Assets serve as Collateral of a current Sarrafe Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Counter Assets intended to serve as Collateral of the same Sarrafe Crypto Credit instead of the Base Assets, as indicated on the Sarrafe Platform and in the Sarrafe Account; or (iv) using Base Assets in your Credit Wallet to execute a Trigger Swap Order. Your Order may be rejected (i) due to network shortages and/or technical reasons; (ii) in case of significant price difference; or (iii) in case there are not enough Counter Assets on the Exchanges.We may, at our sole and absolute discretion, reverse or adjust any executed Exchange Transaction, in case of an error in the Exchange Price or the Trigger Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Sarrafe, regardless of the reason for such. In case of reversal, the Counter Assets subject of the Exchange Transaction will be withdrawn from the Savings or Credit Wallet of your Sarrafe Account, and the Base Assets - re-topped up thereinto. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction will be adjusted accordingly in the Savings or Credit Wallet of your Sarrafe Account.If an Exchange Transaction is initiated and executed as part of the Sarrafe Booster, Section XIII of the Sarrafe Services General Terms and Conditions shall apply accordingly, while in case of any discrepancy between these General Terms and Section XIII of the Sarrafe Services General Terms and Conditions, the latter shall prevail.  
VI. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant and confirm that:You meet the conditions under Art. III.1.;You validly undertake any action or enter into any transaction with regard to the Agreement;The Base Assets, which you have topped up or will top up into the Savings Wallet of your Sarrafe Account, respectively have moved or will move to the Credit Wallet of your Sarrafe Account, or the funds, which you have used or will use for purchase of such, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;You have submitted to Sarrafe only complete, correct and up-to-date information and documents;You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Sarrafe shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Sarrafe Exchange Service, for which Sarrafe shall not be held liable. You shall hold Sarrafe harmless from any expenses and losses, resulting from the above uncertainty;You are aware that you use the Sarrafe Account, the Sarrafe Platform and the Sarrafe Exchange Service fully at your own risk.You hereby undertake to:Use the Sarrafe Account, the Sarrafe Platform, the Sarrafe Exchange Service and the other Sarrafe Services in good faith;Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;Not provide false, inaccurate, incomplete, out-of-date or misleading information;Not interfere, intercept, or expropriate our network, system, data, or information;Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Sarrafe Exchange Service and/or other Sarrafe Services;Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sarrafe Exchange Service and/or other Sarrafe Services;Not engage in any written or verbal communication or conduct towards Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful;Keep the data required for using the Sarrafe Account unavailable for third parties;Inform Sarrafe about any change in the information and documents submitted to Sarrafe, in particular in your contact details, within 1 (one) day as of the change.Comply with other terms under Art. X.2 of the Sarrafe Services General Terms and Conditions, as applicable.
VII. RISK DISCLOSURE
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Sarrafe. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Sarrafe Exchange Service, the other Sarrafe Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.The nature of the Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.Keep in mind that we do not provide investment advice and the information coming from Sarrafe shall not be used as a basis for making decisions about investing in a particular Digital Asset.YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE SARRAFE EXCHANGE SERVICE IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.You understand and agree that you use the Sarrafe Account, the Sarrafe Exchange Service and the other Sarrafe Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Sarrafe Exchange Service and any of the other Sarrafe Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
VIII. LIMITATION OF LIABILITY
THE SARRAFE EXCHANGE SERVICE IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SARRAFE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SARRAFE EXCHANGE SERVICE UNDER THESE GENERAL TERMS.

SARRAFE LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY SARRAFE, AT OUR SOLE AND ABSOLUTE DISCRETION:

RE-SUPPLYING, REPLACING OR REPAIRING THE SARRAFE EXCHANGE SERVICE IN RESPECT OF WHICH THE BREACH OCCURRED; ORPAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SARRAFE EXCHANGE SERVICE IN RESPECT OF WHICH THE BREACH OCCURRED.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);ARISING FROM OR IN CONNECTION WITH:ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE SARRAFE PLATFORM OR THE SARRAFE EXCHANGE SERVICE;FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY EXCHANGE OR OTHER TRANSACTION FOR ANY REASON;YOUR INABILITY TO EFFECT OR COMPLETE ANY EXCHANGE OR OTHER TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE SARRAFE PLATFORM OR THE SARRAFE EXCHANGE SERVICE;ANY UNAUTHORIZED OR INELIGIBLE USE OF THE SARRAFE EXCHANGE SERVICE CONTRARY TO THESE GENERAL TERMS;REVERSAL OR ADJUSTMENT OF ANY EXCHANGE TRANSACTION IN ACCORDANCE WITH ART. V.9.DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SARRAFE EXCHANGE SERVICE, YOUR SARRAFE ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SARRAFE EXCHANGE SERVICE AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO SARRAFE FOR YOUR USE OF THE SARRAFE EXCHANGE SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
IX. DEFAULT. INDEMNIFICATION
The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches any of the Client’s obligations or warranties under these General Terms;

b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;

c) Sarrafe is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.In case of an Event of Default, Sarrafe is entitled:

a) To terminate this Agreement with immediate effect;

b) To take any action it deems necessary to protect its interests.You shall defend, indemnify, and hold harmless Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Sarrafe Exchange Service in violation to these General Terms or any Applicable Law.
X. TERMINATION
This Agreement shall be terminated immediately by closing of your Sarrafe Account, on the grounds of Art. IX.2, Letter a) or otherwise, and discontinuing use of the Sarrafe Exchange Service. The Agreement can be terminated upon written notice by Sarrafe if Sarrafe discontinues the offering of the Sarrafe Exchange Service, regardless of the reasons.All your debts to Sarrafe shall have been settled and there shall be no balance in your Sarrafe Account prior to suspension or closing thereof. You are entitled to recover the remaining balance of Digital Assets together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, subject to revision from time to time, at our sole and absolute discretion. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XI. NOTICES
Any notice required or made under these General Terms from Sarrafe to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Sarrafe Platform.Any notice required or made under these General Terms by the Client to Sarrafe shall only be made through an e-mail in English, sent to support@sarrafe.com.
XII. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed exclusively by the substantive law of England and Wales.Any dispute arising out of or in connection with the Agreement, including with these General Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
XIII. MISCELLANEOUS
The Intellectual Property remains an exclusive property of Sarrafe and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.This Agreement, together with the Sarrafe Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Sarrafe in relation to the use of the Sarrafe Exchange Service. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel, including any statements in Sarrafe’s whitepaper.Sarrafe shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform unless otherwise indicated. You shall regularly check the Sarrafe Platform to inform yourself about any such amendments or supplements. By continuing to use the Sarrafe Exchange Service, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Sarrafe Exchange Service immediately.The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.The failure by Sarrafe to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.Providing you with the Sarrafe Exchange Service does not make Sarrafe your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Sarrafe Account other than those expressly specified hereunder.None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.Except for the legal entities belonging to the Sarrafe group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.Any issues which are not settled hereby shall be governed by the Sarrafe Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Sarrafe Services General Terms and Conditions, these General Terms shall prevail, except for the cases under Art. V.10. where the Sarrafe Services General Terms and Conditions shall prevail. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.1 Applicable to the use of the Sarrafe Booster and the cases under Art. V.1 of the Sarrafe Exchange Service General Terms and Conditions where the Counter Asset is EURx/GBPx/USDx.

2 Applicable to the cases under Art. V.2., Item 2.2 of the Sarrafe Exchange Service General Terms and Conditions.
Terms of Services

Terms of service
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.To improve our website in order to better serve you.To quickly process your transactions.
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
We only provide articles and information. We never ask for Sarrafe card numbers.
We use regular Malware Scanning.Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
Understand and save user's preferences for future visits.Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, some of the features that make your site experience more efficient may not function properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
Third-party links
We do not include or offer third-party products or services on our website.If at any time you would like to unsubscribe from receiving future emails, you can email us at info@sarrafe.com and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us: info@sarrafe.com
Wallet Services General Terms and Conditions

I. INTRODUCTION
These Troni Wallet Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Troni group of companies (“Troni” or “we”), while you and Troni are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the services provided by Troni, and constitute a legally binding agreement (“Agreement”) between the Parties.You shall take your time and carefully read these General Terms before using the services provided by Troni, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with Troni.
II. DEFINITIONS
1. Applicable Law
means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XVIII of these General Terms and/or any provision of the general terms and conditions of the relevant Troni Wallet Service.
2. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).
3. Credit Wallet means a digital wallet in the Client’s Troni Account comprising all the Digital Assets of this Client used or intended to be used as collateral of Troni Crypto Credits.
4. Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets, including TRONI Tokens), accepted by Troni.
5. EURx/GBPx/USDx means a EUR/GBP/USD stablecoin, asset-backed by Troni, with a guaranteed 1-to-1 conversion to EUR/GBP/USD at all times.
6. Fork means a software change to the underlying protocols of the Digital Assets’ networks.
7. Intellectual Property means any intellectual and industrial property rights, belonging to Troni, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
8. Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant Troni Wallet Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.
9. Troni Account means a personal or business account, opened with Troni, through which you can use the Troni Wallet Services.
10. Troni Card means a virtual or physical card issued under the brand name of Troni, which can be used in certain jurisdictions, as the case may be, in relation to Troni Wallet Services.
11. Troni Crypto Credit means any Digital Assets credit facility granted by Troni and the total amount of the credit due by the Client to Troni, at any time until its full repayment, including the principal, the Interest and any fees due to Troni in accordance with the relevant general terms and conditions.
12. Troni Earn Interest Product means a product offered by Troni, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.
13. Troni Exchange Service means the execution by Troni of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Savings or Credit Wallets of the Clients’ Troni Accounts, as the case may be, in accordance with the relevant general terms and conditions, as well as the related Troni Wallet Services offered by Troni through the Troni Platform.
14. Troni Loyalty Program means a program offered by Troni, providing the Clients with preferential terms depending on the ratio of TRONI Tokens in their Troni Accounts to the Portfolio Balance, as indicated on the Troni Platform.
15.11:20 PMTroni Platform means any Troni website, mobile application and any other official Troni communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
16. TRONI Token means a native utility Digital Asset of Troni, allowing you to use a wide variety of additional features of the Troni Wallet Services and/or be granted preferential Interest or other terms by Troni.
17. Troni Wallet Services means all services provided by Troni through the Troni Platform.
18. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Troni Wallet Services, and compliance with regulatory requirements.
19. Portfolio Balance means the total amount of all the Digital Assets in the Client’s Troni Account.
20. Savings Wallet means a digital wallet in the Client’s Troni Account comprising all the Digital Assets of the Client, excluding the ones moved to the Credit Wallet for the purpose of Troni Crypto Credits collateralisation.
21. Transaction History means the history of your transactions and all the details about the Digital Assets in your Troni Account.
III. TRONI WALLET SERVICES
1.
The Troni Wallet Services comprise of:
1.1 Digital Asset wallet wherein all the Digital Assets approved by Troni can be stored by you (“Digital Asset Wallet”);
1.2. Troni Exchange Service;
1.3. Transfer of Digital Assets from one Troni Account to another, or to an external recipient (“Troni Transfer Service”);
1.4. Troni Crypto Credit;
1.5. Troni Earn Interest Product;
1.6. Any incentive program offered by Troni that may be launched via the Troni Platform or accessed through your Troni Account, such as the Troni Loyalty Program;
1.7. Any other product or service that may be launched via the Troni Platform or accessed through your Troni Account.
2. The access to your Troni Account will allow you to: (i) request a Troni Wallet Service; (ii) view your balance and Transaction History; (iii) top up and withdraw Digital Assets; (iv) perform other actions in relation to the above.
IV. ONBOARDING1. By opening your Troni Account and/or using the Troni Wallet Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you аcknowledge and confirm that:
1.1. You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.;
1.2. You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List;
1.3. You are not a citizen or resident of Bulgaria and Estonia and do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Troni Wallet Services;
1.4. You are at least 18 years old or of legal age to enter into contractual relations with Troni (whichever is later);
1.5. You are the exclusive beneficial and/or legal owner of any Digital Assets topped up or to be topped up into your Troni Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply;
1.6. You are the beneficial owner of your Troni Account and do not act on behalf of or represent any other natural person or legal entity;
1.7. You comply with all Applicable Law requirements, relevant to you and to your use of the Troni Wallet Services, such as tax, exchange control and registration ones;
1.8. You have read, understood and agreed to our Privacy Policy and Cookies Policy.
2. You are not entitled to: (i) open more than one Troni Account; (ii) open a new Troni Account if we have previously suspended, limited or terminated your Troni Account.
3.11:20 PM When you ask Troni to open your Troni Account, you shall provide Troni with all the information and/or documents, as may be requested by Troni or any third party acting on its behalf, so Troni can verify your identity and validate your funding sources and transactions. Troni or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize Troni to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.
4. We can refuse to open your Troni Account and grant you access to the Troni Wallet Services or any of them.
5. You hereby represent and warrant that all the information you provide Troni with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify Troni and send Troni accurate information without any delay.
6. If at any point Troni needs to verify that the information it has about you is complete, accurate and up-to-date, Troni will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Troni with up-to-date information, Troni will not be able to provide you with the Troni Wallet Services and will not be responsible for any losses you incur as a result thereof.
7. You hereby undertake to оbtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Troni Wallet Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to and use of the Troni Wallet Services through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify Troni of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.
V. TOPPING-UP OF DIGITAL ASSETS
1.
You can top up Digital Assets into your Troni Account at any time by effecting a Digital Assets transfer from your personal wallet to your Digital Asset Wallet, while specific requirements for a minimum amount of each Digital Asset may apply from time to time, as indicated оn the Troni Platform. You can subsequently use the Digital Assets in your Troni Account for earning Interest thereon in accordance with the Troni Earn Interest Product or for securing your Troni Crypto Credit, as well as for any other Troni Wallet Service in accordance with these General Terms and the specific terms and conditions of the relevant Troni Wallet Service, if any.
2. You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet; (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved by Troni, as indicated on the Troni Platform. If you transfer Digital Assets to an incorrect address or if the Digital Assets transferred are not approved by Troni, as indicated on the Troni Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.
3. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.
4. We reserve the right to reject any transfer to your Digital Asset Wallet, in which case we will transfer back the same amount of the relevant Digital Asset to the wallet from which it has been sent.
5.11:20 PM If you do not have the Digital Assets needed for your purpose, you can initiate the purchase of Digital Assets by transferring their price to a designated Troni bank account and instruct Troni to proceed with the relevant purchase transaction. All fees and charges for the bank transfer under the preceding sentence, if any, shall be at your expense. Once purchased, the relevant Digital Assets are topped up into the Digital Asset Wallet in your Troni Account and can be used for the purposes under Art. V.1. The purchase transactions are irreversible and final once you have provided the relevant instructions and/or payments to Troni, and you may not change, withdraw or cancel the authorization to Troni to complete any pending or partially completed transactions. Troni shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Troni always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
VI. WITHDRAWAL
1.
Subject to the specific terms of the Troni Crypto Credit General Terms and Conditions or the Troni Earn Interest Product General Terms and Conditions, if any, you may request for: (i) withdrawal of all or part of the Digital Assets other than those used as collateral of a Troni Crypto Credit to your personal wallet, together with the Interest accrued thereon, the latter as applicable to the Troni Earn Interest Product only; (ii) withdrawal of the fiat equivalence of the Digital Assets together with the Interest accrued thereon, as applicable to the Troni Earn Interest Product, or the fiat equivalence of the Digital Assets, as applicable to the Troni Crypto Credit, by instructing Troni to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you.
2. All fees and charges for the bank transfer under Art. VI.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to Troni, and you cannot change, withdraw or cancel the authorization to Troni to complete any pending or partially completed transactions. Troni shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Troni always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
3. The withdrawals within the limits specified on the Troni Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Troni no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your Troni Account, as well as of delays due to technical reasons, the processing may take a longer period of time. However, Troni devotes significant efforts to ensure that any withdrawal falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your request.
VII. DIGITAL ASSETS TRANSFERS
1.
You may transfer any Digital Asset other than the one used as collateral of a Troni Crypto Credit from your Digital Asset Wallet to a specified wallet of a third party.
2. We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to Troni.11:20 PMThe Digital Asset Transfer cannot be cancelled or reversed once processed by Troni. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Troni and that any errors may result in the irreversible loss of your Digital Asset.
3. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Troni to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset Transfer will be rejected by Troni. By instructing Troni to effect the Digital Asset Transfer, you authorize Troni to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset Transfer.
4. 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 to or from 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 a third party, you shall resolve the dispute directly with that third party.
VIII. RISK DISCLOSURE
1.
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Troni. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Troni Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Troni shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE TRONI WALLET SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE TRONI WALLET SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
8. You understand and agree that you use the Troni Account and the Troni Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Troni Wallet Services.11:20 PMYou shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. FORKS
1.
It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset's network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.
2. Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.
X. OBLIGATIONS AND WARRANTIES
1.
You hereby declare, warrant and confirm that:
1.1. You meet the conditions under Section IV;
1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;
1.3. The Digital Assets, which you have topped up or will top up in your Troni Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Troni Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
1.4. You have submitted to Troni only complete, correct and up-to-date information and documents;
1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Troni shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Troni Wallet Services, for which Troni shall not be held liable. You shall hold Troni harmless from any expenses and losses, resulting from the above uncertainty;
1.6. You are aware that you use the Troni Account, the Troni Platform and the Troni Wallet Services fully at your own risk.
2. You hereby undertake to:
2.1. Use the Troni Account, the Troni Platform and the Troni Wallet Services in good faith;
2.2. Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
2.4. Not use the Troni Account, the Troni Platform and the Troni Wallet Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters;
2.5. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
2.6. Not interfere, intercept, or expropriate our network, system, data, or information;
2.7. Not transmit or upload any virus or other malicious software or program or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Troni Wallet Services;
2.8. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
2.9. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Troni Wallet Services;
2.10.11:20 PM Not use the Troni Platform in a way that could damage, disable, impair or compromise the Troni Platform or the provision of the Troni Wallet Services, or interfere with other users, or affect the reputation of Troni. You undertake not to gain or attempt to gain unauthorized access to the Troni Account or the Digital Asset Wallets of other users;
2.11. Not take any action that imposes an unreasonable or disproportionately large burden or load on the Troni infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Troni Wallet Services;
2.12. Keep the data required for using the Troni Account unavailable for third parties;
2.13. Inform Troni about any change in the information and documents submitted to Troni, in particular in your contact details, within 1 (one) day as of the change.
XI. TRONI LOYALTY PROGRAM
1.
The Troni Loyalty Program is applicable to all Troni Wallet Services or part of them, as indicated on the Troni Platform.
2. The loyalty levels and the Interest applicable thereto, as indicated on the Troni Platform, depend on the ratio of TRONI Tokens in the relevant Troni Account to the Portfolio Balance, and the type of Troni Wallet Service used by the Client, respectively Digital Asset.
3. The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of accrual of the Interest for each Troni Wallet Service, as specified in the general terms and conditions of the latter.
4. The participation in the Troni Loyalty Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.
5. Troni reserves its right to allow the use of additional features of the Troni Wallet Services and/or grant preferential Interest or other terms, apart from the Troni Loyalty Program, at any time, as part of marketing campaigns or otherwise, at its sole and absolute discretion, regardless of whether they are related to the availability of TRONI Tokens in the Clients’ Troni Accounts. Such can be applicable together with the Troni Loyalty Program or on a separate basis.
XII. REFUSAL TO PROVIDE TRONI WALLET SERVICES. LIMITATION, SUSPENSION OR TERMINATION OF THE TRONI WALLET SERVICES. CLOSURE OF ACCOUNTS.
1.
Troni reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the Troni Wallet Services, including for purposes of compliance with any Applicable Law.
2. The topping-up of Digital Assets into your Digital Asset Wallet may be subject to certain limits imposed by Troni (as may be amended from time to time at Troni sole and absolute discretion).
3.11:20 PM Troni may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the Troni Wallet Services, or your access to your Troni Account (including freezing or closing your Troni Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon Troni’s suspicion that a transaction or your use of the Troni Wallet Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Troni Account has been compromised; (d) your Troni Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the Troni Wallet Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a Troni Account or use of the Troni Wallet Services. In the above cases the Digital Assets in your Troni Account may be frozen for an indefinite period of time until the matter is resolved.
4. Troni may, at any time and without liability: (a) update or change any features, components or content of the Troni Wallet Services. We do not guarantee that any such specific content, component or feature will always be available to you; or (b) cancel or change any pay-out for any incentive programs.
5. If we decide to undertake any of the actions under Art. XII.3 and XII.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.
6. Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XII.3 and XII.4 and you will not be released from any liability having arisen prior to such.
7. Troni shall not owe you any payment, compensation or damages in relation to any suspension, limitation, reversal or termination of your use of the Troni Wallet Services, regardless of the reason therefor.
8. Our rights for suspension, limitation, reversal and termination under this Section XII shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).
9. You may suspend or terminate your access to and use of any of the Troni Wallet Services or close your Troni Account. In order to do so, you shall submit a request to Troni in a form and together with the relevant supporting documents and information, as may be required by Troni. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closure, in particular all your debts to Troni shall have been settled prior thereto.
10. If you have a remaining balance in your Troni Account, which has been suspended or closed, you are entitled to recover such Digital Assets unless we are prohibited by any Applicable Law or a court order to release them, or where we have reasonable grounds to suspect that such Digital Assets have been obtained through any unlawful means.
XIII. PERSONAL DATA
1.
We can only provide the Troni Wallet Services once we have collected your Personal Data.
2.11:20 PM By using the Troni Wallet Services, you give Troni your consent to gather, process and store your Personal Data for the purpose of providing you with the Troni Wallet Services, and declare, acknowledge and confirm that you have read our Privacy Policy and Cookies Policy and agree thereto.
3. We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.
4. You can withdraw your consent by closing your Troni Account. If you do this, we will stop using your Personal Data for the purposes under Art. XIII.2, but we may need to keep your Personal Data when required by any Applicable Law.
XIV. LIMITATION OF LIABILITY
1.
АLL THE TRONI WALLET SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TRONI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE TRONI WALLET SERVICES UNDER THESE GENERAL TERMS.TRONI LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY TRONI, AT OUR SOLE AND ABSOLUTE DISCRETION:
1.1. RE-SUPPLYING, REPLACING OR REPAIRING THE TRONI WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
1.2. PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE TRONI WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2.2. ARISING FROM OR IN CONNECTION WITH:
2.2.1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE TRONI PLATFORM OR THE TRONI WALLET SERVICES;
2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
2.2.4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE TRONI PLATFORM OR THE TRONI WALLET SERVICES;
2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE TRONI WALLET SERVICES CONTRARY TO THESE GENERAL TERMS;
2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT TRONI WALLET SERVICE, YOUR TRONI ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4.11:20 PM IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE TRONI WALLET SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO TRONI FOR YOUR USE OF THE RELEVANT TRONI WALLET SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XV. DEFAULT. INDEMNIFICATION
1.
The occurrence of one of the following events constitutes an Event of Default:
a) The Client breaches any of the Client’s obligations or warranties under these General Terms;
b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;
c) Troni is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Troni is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3. You shall defend, indemnify, and hold harmless Troni, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Troni Wallet Services in violation to these General Terms or any Applicable Law.
XVI. TERMINATION
1.
Тhis Agreement shall be terminated immediately by closing your Troni Account, on the grounds of Art. XV.2, Letter a) or otherwise, and discontinuing use of the Troni Wallet Services. The Agreement can be terminated upon written notice by Troni if Troni discontinues the offering of the Troni Wallet Services, regardless of the reasons.
2. In the event that your suspended or closed Troni Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XVII. NOTICES. ELECTRONIC COMMUNICATIONS
1.
Any notice required or made under these General Terms from Troni to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Troni Platform.
2. Any notice required or made under these General Terms by the Client to Troni shall only be made via e-mail in English to support@troni.az.
3. Your feedback, questions or complaints may be referred to Troni via e-mail in English to support@troni.az, or through other communication channels indicated by Troni from time to time on the Troni Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Troni up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.
4.11:20 PM You shall be fully responsible for the security and authenticity of all instructions sent through the Troni Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your Troni Account are coming from you and we shall not be obliged to verify this.
5. You accept the risk that your instructions and information may not be protected against unauthorized access when given through the Troni Platform, as being transmitted via the Internet.
6. Any instructions sent to Troni shall only be deemed received by Troni when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.
7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Troni Platform and the Troni Wallet Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.
8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Troni Platform and the Troni Wallet Services, our records of all matters related to your use of the Troni Platform and the Troni Wallet Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
XVIII. GOVERNING LAW AND JURISDICTION
1.
The Agreement shall be governed exclusively by the substantive law of England and Wales.
2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Troni.
XIX. MISCELLANEOUS
1.
Your use of the Troni Wallet Services may be subject to certain fees, as indicated on the Troni Platform, which are always exclusive of any taxes and may be debited from your Troni Account, if applicable. Such fees may be changed at any time, at Troni sole and absolute discretion.
2. The Intellectual Property remains an exclusive property of Troni and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
3. This Agreement, together with the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Troni in relation to the use of the Troni Wallet Services. It supersedes all prior representations, understandings, agreements, or communications between you and Troni, whether written or verbal, including any statements published in the whitepaper on the Troni Platform.
4. Troni shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Troni Platform unless otherwise indicated. You shall regularly check the Troni Platform to inform yourself about any such amendments or supplements.11:20 PMWe may also, at any time, change, add or remove any feature or functionality of the Troni Platform without prior notice. By continuing to use the Troni Platform and/or the Troni Wallet Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed Troni Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Troni Platform and/or the Troni Wallet Services immediately.
5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
7. The failure by Troni to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
8. Providing you with the Troni Wallet Services does not make Troni your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Troni Account other than those expressly specified hereunder.
9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Troni. Troni shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
10. Except for the legal entities belonging to the Troni group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Earn Interest Product General Terms and Conditions

INTRODUCTION
These Troni Earn Interest Product General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Troni group of companies (“Troni” or “we”), while you and Troni are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Troni Earn Interest Product, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Unless stated otherwise, references shall be made to the Troni Wallet Services General Terms and Conditions. Аll the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Troni Wallet Services General Terms and Conditions.
III. CLIENT
1.
You can enter into this Agreement and use the Troni Earn Interest Product only if all of the conditions below are met:
1.1. You have opened a Troni Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Troni Wallet Services General Terms and Conditions;
1.2. You are not a citizen or resident of Bulgaria and Estonia, the State of New York (applicable only to the Troni Earn Interest Product where Interest is earned on USDx), and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Troni Earn Interest Product;
1.3. You have passed Advanced Verification on the Troni Platform (applicable only to the Troni Earn Interest Product where Interest is earned in TRONI Tokens).
2. By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Troni Earn Interest Product and/or the related Troni Wallet Services to you and close your Troni Account, and do not allow you to use the Troni Earn Interest Product and/or the related Troni Wallet Services.
3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Troni Earn Interest Product; (ii) change the conditions for entering into the Agreement or use of the Troni Earn Interest Product; (iii) suspend the provision of the Troni Earn Interest Product or of all or part of the related Troni Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Troni Earn Interest Product.
IV. SPECIFIC FEATURES OF THE TRONI EARN INTEREST PRODUCT
1.
The Troni Earn Interest Product allows you to earn Interest on certain Digital Assets topped up into the Savings Wallet of your Troni Account in accordance with Section V of the Troni Wallet Services General Terms and Conditions, or moved to the Credit Wallet of your Troni Account (applicable only to the TRONI Tokens). All such Digital Assets are indicated on the Troni Platform and in the Troni Account and are subject to revision from time to time, at our sole and absolute discretion. As a rule, Interest is earned on all Digital Assets falling within the above category unless used for other purposes on the Troni Platform.
2. You are allowed to have multiple active Troni Earn Interest Products, running simultaneously. Interest will be accrued separately on each Troni Earn Interest Product.
3. You may opt for a Troni Earn Interest Product for a flex term (“FLEX Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Troni Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Troni Platform and may be changed by Troni from time to time, at its sole and absolute discretion.
4.10:36 PM If you opt for a Troni Earn Interest Product for a Fixed Term, you cannot terminate the Agreement in the relevant part thereof governing your use of this Troni Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term.
5. The Troni Earn Interest Product for a Fixed Term may be automatically renewed, if you opt for this in your Troni Account, and each new Fixed Term will be governed by the terms applicable to the Troni Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Troni will consider your choice on the date of expiry of each Fixed Term.
V. INTEREST
1.
The Interest shall commence accruing on the Digital Assets at a certain rate, as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Troni Account (“Start Time”), and may be earned in the same Digital Assets as the ones on which it is accrued or in TRONI Tokens (applicable to Digital Assets different from TRONI Tokens), as per your choice on the Troni Platform. You may, at any time, switch from earning in-kind to earning in TRONI Tokens, if applicable, and vice versa. The Interest shall be compound when earned in-kind and simple when earned in TRONI Tokens.
2. The Interest shall be subject to revision from time to time, at our sole and absolute discretion. As a rule, in case you opt for earning in TRONI Tokens rather than earning in-kind, if applicable, higher Interest shall be accrued on your Digital Assets, consisting of the standard Interest applicable to the relevant Digital Assets and bonus Interest, as indicated on the Troni Platform. We will notify you of the new Interest on the Troni Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.
3. The Interest shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in TRONI Tokens, if applicable, for the purpose of determining the amount of the latter, the USD equivalent of the in-kind Interest on the relevant Digital Assets up to the above time is converted into TRONI Tokens.
4. The Interest for the Troni Earn Interest Product for a FLEX Term shall be credited to your Troni Account at a certain time on each calendar day, but no earlier than the Start Time. The Interest for the Troni Earn Interest Product for a Fixed Term shall be credited to your Troni Account on the date of expiry of the relevant Fixed Term. However, it shall be visible in your Troni Account for the duration of the latter.
5. The Interest shall be accrued on the Digital Assets until the date of your request for withdrawal under Art. VI.2, in case of a Troni Earn Interest Product for a FLEX Term, or until the date of expiry of the relevant Fixed Term, in case of a Troni Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Troni Account up to the time of your request, respectively expiry of the relevant Fixed Term.
6. Troni reserves its right to grant preferential Interest or other terms to certain Clients as part of marketing campaigns or otherwise, upon its sole and absolute discretion.
VI. TOPPING UP AND WITHDRAWAL OF DIGITAL ASSETS
1.
You may top up Digital Assets into the Troni Account at any time in accordance with Section V of the Troni Wallet Services General Terms and Conditions, while the minimum amount of each Digital Asset required is indicated on the Troni Platform and subject to revision from time to time, at our sole and absolute discretion.
2. You may request for withdrawal of the Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the Digital Assets and of the Interest accrued thereon, in accordance with Art. VI.1 and VI.10:36 PM2 of the Troni Wallet Services General Terms and Conditions: (i) at any time, when using a Troni Earn Interest Product for a FLEX Term; or (ii) on the date of expiry of the relevant Fixed Term, when using a Troni Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal. The withdrawals within the limits specified on the Troni Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Troni within the terms under Art. VI.3 of the Troni Wallet Services General Terms and Conditions.
VII. OBLIGATIONS AND WARRANTIES
1.
You hereby declare, warrant and confirm that:
1.1. You meet the conditions under Art. III.1.;
1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;
1.3. The Digital Assets, which you have topped up or will top up into your Troni Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Troni Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
1.4. You have submitted to Troni only complete, correct and up-to-date information and documents;
1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Troni shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Troni Wallet Services, for which Troni shall not be held liable. You shall hold Troni harmless from any expenses and losses, resulting from the above uncertainty;
1.6. You are aware that you use the Troni Account, the Troni Platform and the Troni Earn Interest Product fully at your own risk.
2. You hereby undertake to:
2.1. Use the Troni Account, the Troni Platform, the Troni Earn Interest Product and the related Troni Wallet Services in good faith;
2.2. Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
2.4. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
2.5. Not interfere, intercept, or expropriate our network, system, data, or information;
2.6. Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems concerning the Troni Earn Interest Product and/or the related Troni Wallet Services;
2.7. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
2.8. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Troni Earn Interest Product and/or the related Troni Wallet Services;
2.9. Keep the data required for using the Troni Account unavailable for third parties;
2.10. Inform Troni about any change in the information and documents submitted to Troni, in particular in your contact details, within 1 (one) day as of the change.
2.11. Comply with other terms under Art. X.2 of the Troni Wallet Services General Terms and Conditions, as applicable.
VIII. RISK DISCLOSURE
1.
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time.10:36 PMWe are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Troni. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Troni Earn Interest Product, the related Troni Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Troni shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE TRONI EARN INTEREST PRODUCT IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
8. We may be forced to suspend, discontinue, or change aspects of the Troni Earn Interest Product or any of the related Troni Wallet Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Troni Account may be frozen for an indefinite period of time until the matter is resolved.
9. You understand and agree that you use the Troni Account and the Troni Earn Interest Product at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Troni Earn Interest Product and any of the related Troni Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. LIMITATION OF LIABILITY
1.
THE TRONI EARN INTEREST PRODUCT IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TRONI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE TRONI EARN INTEREST PRODUCT UNDER THESE GENERAL TERMS.TRONI LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY TRONI, AT OUR SOLE AND ABSOLUTE DISCRETION:
1.1. RE-SUPPLYING, REPLACING OR REPAIRING THE TRONI EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED; OR
1.2.10:36 PM PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE TRONI EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2.2. ARISING FROM OR IN CONNECTION WITH:
2.2.1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE TRONI PLATFORM OR THE TRONI EARN INTEREST PRODUCT;
2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
2.2.4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE TRONI PLATFORM OR THE TRONI EARN INTEREST PRODUCT;
2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE TRONI EARN INTEREST PRODUCT CONTRARY TO THESE GENERAL TERMS;
2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE TRONI EARN INTEREST PRODUCT, YOUR TRONI ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE TRONI EARN INTEREST PRODUCT AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO TRONI FOR YOUR USE OF THE TRONI EARN INTEREST PRODUCT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
X. DEFAULT. INDEMNIFICATION
1.
The occurrence of one of the following events constitutes an Event of Default:a) The Client breaches any of the Client’s obligations or warranties under these General Terms;b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;c) Troni is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Troni is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3.10:36 PM You shall defend, indemnify, and hold harmless Troni, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Troni Earn Interest Product in violation to these General Terms or any Applicable Law.
XI. TERMINATION
1.
This Agreement shall be terminated immediately by closing of your Troni Account, on the grounds of Art. X.2, Letter a) or otherwise, and discontinuing use of the Troni Earn Interest Product. The Agreement can be terminated upon written notice by Troni if Troni discontinues the offering of the Troni Earn Interest Product, regardless of the reasons.
2. In the event that your suspended or closed Troni Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if any, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XII. NOTICES
1.
Any notice required or made under these General Terms from Troni to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Troni Platform.
2. Any notice required or made under these General Terms by the Client to Troni shall only be made via e-mail in English to support@troni.az.
XIII. GOVERNING LAW AND JURISDICTION
1.
The Agreement shall be governed exclusively by the substantive law of England and Wales.
2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Troni.
XIV. MISCELLANEOUS
1.
The Intellectual Property remains an exclusive property of Troni and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
2. This Agreement, together with the Troni Wallet Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Troni in relation to the use of the Troni Earn Interest Product. It supersedes all prior representations, understandings, agreements, or communications between you and Troni, whether written or verbal, including any statements published in the whitepaper on the Troni Platform.
3. You understand and agree that we might convert any Digital Assets in regard to which you use the Troni Earn Interest Product into other Digital Assets for investment purposes. Any such investment will be made in our name only and you will have no benefits and liabilities from it.
4. Troni shall reserve its right to amend or supplement these General Terms from time to time.10:36 PMAny such amendments or supplements shall become valid and in full force as of the date of their publishing on the Troni Platform unless otherwise indicated, while they shall not affect the current terms of your active Troni Earn Interest Products for a Fixed Term. You shall regularly check the Troni Platform to inform yourself about any such amendments or supplements. By continuing to use the Troni Earn Interest Product, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Troni Earn Interest Product immediately.
5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
7. The failure by Troni to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
8. Providing you with the Troni Earn Interest Product does not make Troni your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Troni Account other than those expressly specified hereunder.
9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Troni. Troni shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
10. Except for the legal entities belonging to the Troni group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
11. Any issues which are not settled hereby shall be governed by the Troni Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Troni Wallet Services General Terms and Conditions, these General Terms shall prevail.
12. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Sarrafe Services General Terms and Conditions.
INTRODUCTION
These Sarrafe Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe” or “we”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the services provided by Sarrafe, and constitute a legally binding agreement (“Agreement”) between the Parties.You shall take your time and carefully read these General Terms before using the services provided by Sarrafe, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with Sarrafe.
II. DEFINITIONS
Applicable Law
means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XXI of these General Terms and/or any provision of the general terms and conditions of the relevant Sarrafe Service.
Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).
Credit Wallet means a digital wallet in the Client’s Sarrafe Account comprising all the Digital Assets of this Client used or intended to be used as collateral of Sarrafe Crypto Credits, but excluding the Digital Asset serving as Collateral in the Futures Wallet.
Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets, including SARRAFE Tokens), accepted and supported by Sarrafe, and subject to revision, prohibitions and limitations at any time.
Entry Price means the price at which a Futures Contract is opened.
EURx/GBPx/USDx means a EUR/GBP/USD stablecoin, asset-backed by Sarrafe, with a guaranteed 1-to-1 conversion to EUR/GBP/USD at all times.
Exit Price means the price at which a Futures Contract is closed.
Fees means any fees payable to Sarrafe for execution of a Futures Transaction, as indicated on the Sarrafe Platform and subject to revision from time to time, at our sole and absolute discretion.
Funding Rate means any positive or negative funding rate calculated by the relevant Exchange(s) to be incurred by Sarrafe, which is subsequently transferred to the Client and depending on its Futures Contract at a given time.
Fork means a software change to the underlying protocols of the Digital Assets’ networks.
Futures Contract means a perpetual futures contract collateralized by a stablecoin, determined by Sarrafe, regarding which a Futures Transaction can be executed through the Sarrafe Platform.
Futures Order means an instruction for opening or closing a Futures Contract, which can be executed through the Sarrafe Platform, and any other related transaction.
Futures Wallet means digital wallet in the Client’s Sarrafe Account comprising all the Digital Assets of this Client used or intended to be used as Collateral of Sarrafe Crypto Credits for the execution of a Futures Orders.
Intellectual Property means any intellectual and industrial property rights, belonging to Sarrafe, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant Sarrafe Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.
Leverage means the amount of Digital Assets that you can use to multiply your position in a Futures Contract, within the limits as indicated on the Sarrafe Platform.
Locked Balance means the amount of Collateral in your Futures Wallet, which cannot be withdrawn or disposed of in any other manner until the closing, execution, respectively cancellation or rejection, of the relevant Futures Contract, respectfully repayment of the Sarrafe Crypto Credit.
Margin Risk means the method through which Sarrafe monitors the risk and health of your Sarrafe Crypto Credit.
Sarrafe Account means a personal or business account, opened with Sarrafe, through which you can use the Sarrafe Services.
Sarrafe Booster means a leverage product offered by Sarrafe, combining the features of the Sarrafe Crypto Credit and the Sarrafe Exchange Service and allowing you to multiply your Portfolio Balance, within the limits, for the Digital Assets and under the conditions, as indicated in these General Terms, the general terms and conditions of the relevant Sarrafe Service, on the Sarrafe Platform and in the Sarrafe Account.
Sarrafe Card means a virtual or physical card issued under the brand name of Sarrafe, which can be used in certain jurisdictions, as the case may be, in relation to Sarrafe Services.
Sarrafe Crypto Credit means any Digital Assets credit facility granted by Sarrafe and the total amount of the credit due by the Client to Sarrafe, at any time until its full repayment, including the principal, the Interest and any fees due to Sarrafe in accordance with the relevant general terms and conditions and/or these General Terms.
Sarrafe Earn Interest Product means a product offered by Sarrafe, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.
Sarrafe Exchange Service means the execution by Sarrafe of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Savings or Credit  Wallets of the Clients’ Sarrafe Accounts, as the case may be, in accordance with the relevant general terms and conditions, as well as the related Sarrafe Services offered by Sarrafe through the Sarrafe Platform.
Sarrafe Futures Product means a leverage product offered by Sarrafe, allowing you to open or close a Futures Contract, within the limits and under the conditions, as indicated in these General Terms, on the Sarrafe Platform and in the Sarrafe Account.
Sarrafe Loyalty Program means a program offered by Sarrafe, providing the Clients with preferential terms depending on the ratio of SARRAFE Tokens to all other Digital Assets in their Sarrafe Accounts, as indicated on the Sarrafe Platform.
Sarrafe Pro Account means a Client’s account on the Sarrafe Pro Platform, opened by Sarrafe upon Client’s request, and subsequently used by the Client for the purpose of the Sarrafe Pro Services.
Sarrafe Pro Platform means any Sarrafe website, mobile application and any other official Sarrafe communication channel, separate from the Sarrafe Platform, through which the Sarrafe Pro Services are provided, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
Sarrafe Pro Services means all services provided by Sarrafe through the Sarrafe Pro Platform.Sarrafe Platform means any Sarrafe website, mobile application and any other official Sarrafe communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
Sarrafe Referral Program means a program offered by Sarrafe, providing the Clients with an incentive for referring new Clients to Sarrafe, subject to the terms and conditions herein, governing the relevant Sarrafe Service (if and to the extent applicable), as well as on the Sarrafe Platform.
SARRAFE Token means a native utility Digital Asset of Sarrafe, allowing you to use a wide variety of additional features of the Sarrafe Services and/or be granted preferential Interest or other terms by Sarrafe.
Sarrafe Services means all services provided by Sarrafe through the Sarrafe Platform.
Perpetual means a Digital Asset selected by the Client for the purpose of execution of a Futures Orders.
Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Sarrafe Services, and compliance with regulatory requirements.
PNL means an indicator of profit or loss generated from your Futures Contract at a given time.
Portfolio Balance means the total amount of all the Digital Assets in the Client’s Sarrafe Account.
Savings Wallet means a digital wallet in the Client’s Sarrafe Account comprising all the Digital Assets of the Client, excluding the ones moved to the Credit Wallet or the Futures Wallet, for the purpose of Sarrafe Crypto Credits collateralisation.
Transaction History means the history of your transactions and all the details about the Digital Assets in your Sarrafe Account.Unless stated otherwise, references shall be made to the Sarrafe Crypto Credit General Terms and Conditions, the Sarrafe Earn Interest Product General Terms and Conditions and Sarrafe Exchange Service General Terms and Conditions, the Sarrafe Pro Trade General Terms and Conditions, the Sarrafe Pro Crypto Credit General Terms and Conditions, and all the terms, used in these General Terms and not defined herein, shall have the same meaning as the one given to them in the Sarrafe Crypto Credit General Terms and Conditions, the Sarrafe Earn Interest Product General Terms and Conditions and Sarrafe Exchange Service General Terms and Conditions, the Sarrafe Pro Trade General Terms and Conditions, the Sarrafe Pro Crypto Credit General Terms and Conditions, as the case may be.
III. SARRAFE SERVICES
The Sarrafe Services comprise of:Digital Asset wallet wherein all the Digital Assets approved and supported by Sarrafe can be stored by you (“Digital Asset Wallet”);Sarrafe Exchange Service;Transfer of Digital Assets from one Sarrafe Account to another, or to an external recipient (“Sarrafe Transfer Service”);Sarrafe Crypto Credit;Sarrafe Earn Interest Product;Sarrafe Staking Product;Sarrafe Booster;Sarrafe Futures Product;Any incentive program offered by Sarrafe that may be launched via the Sarrafe Platform or accessed through your Sarrafe Account, such as the Sarrafe Loyalty Program or the Sarrafe Referral Program;Any other product or service that may be launched via the Sarrafe Platform or accessed through your Sarrafe Account.All or part of the Sarrafe Services, some features thereof, or some Digital Assets, may not be available to certain Clients or Digital Assets, to the extent applicable, at any time, as indicated in the Sarrafe Account and on the Sarrafe Platform.The access to your Sarrafe Account will allow you to: (i) request a Sarrafe Service; (ii) view your balance and Transaction History; (iii) top up, withdraw and transfer Digital Assets, for which such options are available on the Sarrafe Platform and in the Sarrafe Account, and subject to revision from time to time at our sole and absolute discretion; (iv) perform other actions in relation to the above.In case you are a resident of the USA, you remain the title, legal and beneficial owner of the Digital Assets in your Sarrafe Account while you are using any of the Sarrafe Services.
IV. ONBOARDING
By opening your Sarrafe Account and/or using the Sarrafe Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you аcknowledge and confirm that:You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.;You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List;You are not a citizen or resident of the USA1, UK2, Australia3, Germany4, Canada, Bulgaria and Estonia, and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Sarrafe Services;You are at least 18 years old or of legal age to enter into contractual relations with Sarrafe (whichever is later);You are the exclusive beneficial and/or legal owner of any Digital Assets topped up or to be topped up into your Sarrafe Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply;You are the beneficial owner of your Sarrafe Account and do not act on behalf of or represent any other natural person or legal entity;You comply with all Applicable Law requirements, relevant to you and to your use of the Sarrafe Services, such as tax, exchange control and registration ones;You have read, understood and agreed to our Privacy Policy and Cookies Policy.You are not entitled to: (i) open more than one Sarrafe Account; (ii) open a new Sarrafe Account if we have previously suspended, limited or terminated your Sarrafe Account.When you ask Sarrafe to open your Sarrafe Account, you shall provide Sarrafe with all the information and/or documents, as may be requested by Sarrafe or any third party acting on its behalf, so Sarrafe can verify your identity and validate your funding sources and transactions. Sarrafe or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize Sarrafe to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.We can refuse to open your Sarrafe Account and grant you access to the Sarrafe Services or any of them.You hereby represent and warrant that all the information you provide Sarrafe with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify Sarrafe and send Sarrafe accurate information without any delay.If at any point Sarrafe needs to verify that the information it has about you is complete, accurate and up-to-date, Sarrafe will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Sarrafe with up-to-date information, Sarrafe will not be able to provide you with the Sarrafe Services and will not be responsible for any losses you incur as a result thereof.You hereby undertake to оbtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Sarrafe Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to and use of the Sarrafe Services through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify Sarrafe of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.
V. TOPPING-UP OF DIGITAL ASSETS
You can top up Digital Assets into your Sarrafe Account at any time by effecting a Digital Assets transfer from: (i) your personal wallet to your Digital Asset Wallet, or (ii) your Sarrafe Pro Account, applicable only in case you have opened a Sarrafe Pro Account in accordance with the Sarrafe Pro Trade General Terms and Conditions, while specific requirements and limitation, such as, but not limited to minimum amount of each Digital Asset and Margin Level threshold, may apply from time to time, as indicated оn the Sarrafe Platform or the Sarrafe Pro Platform. You can subsequently use the Digital Assets in your Sarrafe Account for earning Interest thereon in accordance with the Sarrafe Earn Interest Product or for securing your Sarrafe Crypto Credit, as well as for any other Sarrafe Service in accordance with these General Terms and the specific terms and conditions of the relevant Sarrafe Service, if any.You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet; (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved and supported by Sarrafe and not subject to prohibitions or limitations regarding such topping-up, as indicated in the Sarrafe Account and on the Sarrafe Platform. If you transfer Digital Assets to an incorrect address, or if the Digital Assets transferred are not approved and supported by Sarrafe, or are subject to prohibitions or limitations regarding such topping-up, as indicated in the Sarrafe Account and on the Sarrafe Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.We reserve the right to reject any transfer to your Digital Asset Wallet, in which case we will transfer back the same amount of the relevant Digital Asset to the wallet from which it has been sent.If you do not have the Digital Assets needed for your purpose, or are subject to prohibitions or limitations to top up such, as indicated in the Sarrafe Account and on the Sarrafe Platform, you can initiate the purchase of Digital Assets by transferring their price (i) to a designated Sarrafe bank account via bank transfer; or (ii) by a credit or debit card, and instruct Sarrafe to proceed with the relevant purchase transaction, and/or initiate an Exchange Transaction under the Sarrafe Exchange Service General Terms and Conditions, as the case may be, depending on the type of Digital Assets subject to topping-up. You may opt for setting up recurring Digital Assets purchases under Art. V.5.(ii) by selecting the amount of the purchase price and the type of Digital Asset, within the limitations indicated in the Sarrafe Account and on the Sarrafe Platform. If you opt for recurring purchase transactions, they will occur in identical periodic instalments, based on your selection, until you change or cancel it, or in the cases indicated on the Sarrafe Platform. You understand and agree that proceeds from the recurring purchase transactions will depend on the market price of the chosen Digital Asset at the time of the execution. Sarrafe shall not be responsible for any losses incurred by you as a result of unauthorised, incorrect or failed transactions. We reserve the right to refuse to process, cancel, terminate, or reverse any recurring purchase transactions at our sole discretion, even after funds have been debited from your Sarrafe Account. All fees and charges for the transactions under the preceding sentence, including such for bank transfers, conversions and/or card payments, if any, shall be at your expense, unless otherwise indicated on the Sarrafe Platform at a given time. Each bank transfer and card payment, as well as any relationship arising out thereof, is governed by the terms and conditions of the relevant third-party service provider. Once purchased, respectively exchanged, the relevant Digital Assets are topped up into the Digital Asset Wallet in your Sarrafe Account and can be used for the purposes under Art. V.1. In cases of a card payment under (ii) above, the proceeds of the purchase transaction, respectively of the Exchange Transaction (once both a purchase transaction and an Exchange Transaction have been executed), are topped up into the Digital Asset Wallet of your Sarrafe Account. The transactions are irreversible and final once you have provided the relevant instructions and/or payments to Sarrafe, and you may not change, withdraw or cancel the authorization to Sarrafe to complete any pending or partially completed transactions. Sarrafe shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Sarrafe always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
VI. WITHDRAWAL
Subject to the specific terms of the Sarrafe Crypto Credit General Terms and Conditions or the Sarrafe Earn Interest Product General Terms and Conditions, if any, you may request for: (i) withdrawal of all or part of the Digital Assets other than those used as Collateral of a Sarrafe Crypto Credit to your personal wallet or to your Sarrafe Pro Account, applicable only in case you have opened a Sarrafe Pro Account in accordance with the Sarrafe Pro Trade General Terms and Conditions together with the Interest accrued thereon, the latter as applicable to the Sarrafe Earn Interest Product only, as well as those to which certain prohibitions or limitations apply, as indicated in the Sarrafe Account and on the Sarrafe Platform; (ii) withdrawal of the fiat equivalence of certain Digital Assets together with the Interest accrued thereon, as applicable to the Sarrafe Earn Interest Product, or the fiat equivalence of the Digital Assets, as applicable to the Sarrafe Crypto Credit, by instructing Sarrafe to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you.All fees and charges for the bank transfer under Art. VI.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to Sarrafe, and you cannot change, withdraw or cancel the authorization to Sarrafe to complete any pending or partially completed transactions. Sarrafe shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Sarrafe always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.The withdrawals within the limits specified on the Sarrafe Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Sarrafe no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your Sarrafe Account, as well as of delays due to technical reasons, the processing may take a longer period of time. However, Sarrafe devotes significant efforts to ensure that any withdrawal falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your request.
VII. DIGITAL ASSETS TRANSFERS
You may transfer any Digital Asset other than the one used as Collateral of a Sarrafe Crypto Credit, and the one regarding which prohibitions or limitations of Digital Asset Transfers apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, from your Digital Asset Wallet to a specified wallet of a third party.We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to Sarrafe. The Digital Asset Transfer cannot be cancelled or reversed once processed by Sarrafe. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Sarrafe and that any errors may result in the irreversible loss of your Digital Asset.You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Sarrafe to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset Transfer will be rejected by Sarrafe. By instructing Sarrafe to effect the Digital Asset Transfer, you authorize Sarrafe to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset Transfer.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 to or from 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 a third party, you shall resolve the dispute directly with that third party.
VIII. RISK DISCLOSURE
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Sarrafe. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Sarrafe Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.Keep in mind that we do not provide investment advice and the information coming from Sarrafe shall not be used as a basis for making decisions about investing in a particular Digital Asset.YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE SARRAFE SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE SARRAFE SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.You understand and agree that you use the Sarrafe Account and the Sarrafe Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Sarrafe Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. FORKS
It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset's network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.
X. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant and confirm that:You meet the conditions under Section IV;You validly undertake any action or enter into any transaction with regard to the Agreement;The Digital Assets, which you have topped up or will top up in your Sarrafe Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Sarrafe Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;You have submitted to Sarrafe only complete, correct and up-to-date information and documents;You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Sarrafe shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Sarrafe Services, for which Sarrafe shall not be held liable. You shall hold Sarrafe harmless from any expenses and losses, resulting from the above uncertainty;You are aware that you use the Sarrafe Account, the Sarrafe Platform and the Sarrafe Services fully at your own risk.You hereby undertake to:Use the Sarrafe Account, the Sarrafe Platform and the Sarrafe Services in good faith;Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;Not use the Sarrafe Account, the Sarrafe Platform and the Sarrafe Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters;Not provide false, inaccurate, incomplete, out-of-date or misleading information;Not interfere, intercept, or expropriate our network, system, data, or information;Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Sarrafe Services;Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sarrafe Services;Not use the Sarrafe Platform in a way that could damage, disable, impair or compromise the Sarrafe Platform or the provision of the Sarrafe Services, or interfere with other users, or affect the reputation of Sarrafe. You undertake not to gain or attempt to gain unauthorized access to the Sarrafe Account or the Digital Asset Wallets of other users;Not take any action that imposes an unreasonable or disproportionately large burden or load on the Sarrafe infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Sarrafe Services;Not engage in any written or verbal communication or conduct towards Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful;Keep the data required for using the Sarrafe Account unavailable for third parties;Inform Sarrafe about any change in the information and documents submitted to Sarrafe, in particular in your contact details, within 1 (one) day as of the change.
XI. SARRAFE LOYALTY PROGRAM
The Sarrafe Loyalty Program is applicable to all Sarrafe Services or part of them, as indicated on the Sarrafe Platform.The loyalty levels and any preferential terms based thereon, including but not limited to Interest, cashbacks, bonuses and other types of rewards, applicable from time to time, depend on the ratio of SARRAFE Tokens to all other Digital Assets in the relevant Sarrafe Account, and the type of Sarrafe Service used by the Client, respectively Digital Asset, and may be subject to other conditions Sarrafe finds appropriate, at its sole and absolute discretion, as indicated on the Sarrafe Platform.The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of accrual of the Interest for each Sarrafe Service, as specified in the general terms and conditions of the latter.The participation in the Sarrafe Loyalty Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.Sarrafe reserves its right to allow the use of additional features of the Sarrafe Services and/or grant preferential Interest or other terms, apart from the Sarrafe Loyalty Program, at any time, as part of marketing campaigns or otherwise, at its sole and absolute discretion, regardless of whether they are related to the availability of SARRAFE Tokens in the Clients’ Sarrafe Accounts. Such can be applicable together with the Sarrafe Loyalty Program or on a separate basis.
XII. SARRAFE REFERRAL PROGRAM
The Sarrafe Referral Program is applicable to all Clients referring new Clients, who have not previously opened Sarrafe Accounts, to Sarrafe (“Referred Clients”), subject to the terms and conditions stipulated herein, governing the relevant Sarrafe Service (if and to the extent applicable), as well as on the Sarrafe Platform.The eligibility for participation in the Sarrafe Referral Program, the type, amount and manner of granting of incentives, the type of Digital Assets and/or the Sarrafe Service used or to be used by the relevant Client or Referred Client, the limits regarding the number of Referred Clients or the amount of incentives a Client may refer, respectively receive, (if any), are indicated on the Sarrafe Platform.The participation in the Sarrafe Referral Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.Sarrafe reserves its right to amend or supplement the terms and conditions of the Sarrafe Referral Program, as indicated herein and on the Sarrafe Platform, at any time, at its sole and absolute discretion. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform unless otherwise indicated.In the event multiple Referring Participants have been funded by a single digital address, both Referring and Referred Participants may be disqualified from participation in the Promo at the sole discretion of Sarrafe.
XIII. SARRAFE BOOSTER
The Sarrafe Booster allows you to multiply your Portfolio Balance by either: (i) multiplying any Digital Asset in your Portfolio Balance by requesting a Sarrafe Crypto Credit under the Sarrafe Crypto Credit General Terms and Conditions and a subsequent Exchange Transaction under the Sarrafe Exchange Service General Terms and Conditions, whereby both the proceeds of the Exchange Transaction, respectively the relevant Counter Asset, and the relevant part of the same type of Digital Asset available in the Client’s Savings Wallet prior to the execution of the Exchange Transaction will be automatically transferred from the Savings Wallet to the Credit Wallet of your Sarrafe Account to serve as Collateral of the Sarrafe Crypto Credit in accordance with the required LTV; (ii) selecting a Trading Pair and initiating an Exchange Transaction for the available amount of the Base Asset in your Sarrafe Account under the Sarrafe Exchange Service General Terms and Conditions, and requesting a Sarrafe Crypto Credit under the Sarrafe Crypto Credit General Terms and Conditions and a subsequent Exchange Transaction under the Sarrafe Exchange Service General Terms and Conditions, whereby the proceeds of both Exchange Transactions above, respectively the relevant Counter Assets, will be automatically transferred from the Savings Wallet to the Credit Wallet of your Sarrafe Account to serve as Collateral of the Sarrafe Crypto Credit in accordance with the required LTV.Sarrafe will grant you the Sarrafe Crypto Credit as part of the Sarrafe Booster in a stablecoin approved by Sarrafe and indicated on the Sarrafe Platform and in the Sarrafe Account, which is subject to revision from time to time, at Sarrafe sole and absolute discretion. This stablecoin will always serve as a Base Asset of the Exchange Transaction to be executed after the granting of the Sarrafe Crypto Credit.You understand and agree that Sarrafe may charge you fees for the use of the Sarrafe Booster, if and to the extent applicable, at an amount as indicated on the Sarrafe Platform and subject to revision from time to time, at our sole and absolute discretion.You may only use the Sarrafe Booster within the limits, for the Digital Assets and under the conditions, as indicated in these General Terms, the general terms and conditions of the relevant Sarrafe Service, on the Sarrafe Platform and in the Sarrafe Account, which are subject to revision from time to time at our sole and absolute discretion.Your request to use the Sarrafe Booster may be rejected (i) due to network shortages and/or technical reasons; (ii) in case of significant price difference; or (iii) in case there are not enough of the Digital Assets you wish to purchase on the exchanges. We may, at our sole and absolute discretion, reverse or adjust any executed Exchange Transaction as part of the Sarrafe Booster, in case of an error in the Exchange Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Sarrafe, regardless of the reason for such. Any reversal of an Exchange Transaction automatically leads to reversal of the related Sarrafe Crypto Credit. In case of reversal, the Counter Assets subject of the Exchange Transaction(s) and/or your initial Digital Assets (in cases of a Sarrafe Booster under Art. XIII.1.(i)) will be withdrawn from the Credit Wallet of your Sarrafe Account, the Base Assets subject of the Exchange Transaction(s) and/or your initial Digital Assets (in cases of a Sarrafe Booster under Art. XIII.1.(i) - re-topped up into the Savings Wallet of your Sarrafe Account (when not resulting from a Sarrafe Crypto Credit) or withdrawn therefrom (when resulting from a Sarrafe Crypto Credit), as the case may be. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction(s) will be adjusted accordingly in the Credit Wallet of your Sarrafe Account.
XIV. INITIATION AND EXECUTION OF FUTURES ORDERS
You may, upon your instruction to Sarrafe, execute a Futures Order. You must select the type and amount of the Perpetual you wish to sell or buy before you place a Futures Order with Sarrafe to either open or close one of the following orders:Long order - an order where you instruct Sarrafe to open a Futures Contract by buying a Perpetual at the price available at the relevant Exchanges, within the multiplication and other limits as indicated on the Sarrafe Platform, and subsequently selling this Digital Asset at the price available at the relevant Exchanges;Short order - an order where you instruct Sarrafe to open a Futures Contract by selling a Perpetual at the price available at the relevant Exchanges, within the multiplication and other limits as indicated on the Sarrafe Platform, and subsequently buying this Digital Asset at the price available at the relevant Exchanges.You may execute both Long and Short Futures Order for the same Perpetual. Upon closure, the Futures Contracts are denominated and settled in a certain stablecoin determined by Sarrafe, as indicated on the Sarrafe Platform.Upon placing a Futures Order with Sarrafe, you are requesting a Sarrafe Crypto Credit under the Sarrafe Crypto Credit General Terms and Conditions against a Collateral, within the Leverage limitations as indicated on the Sarrafe Platform.Sarrafe will grant you an interest-free Sarrafe Crypto Credit in a stablecoin approved by Sarrafe and indicated on the Sarrafe Platform and in the Sarrafe Account, while Art. V. of the Sarrafe Crypto Credit General Terms and Conditions will not apply. Your Futures Contracts will be closed automatically if your Margin Risk increases above the permitted threshold, as indicated on the Sarrafe Platform and in accordance with the Sarrafe Crypto Credit General Terms and Conditions. Unless otherwise stipulated herein, the Sarrafe Crypto Credit, in case of a Futures Contract, is governed by the Sarrafe Crypto Credit General Terms and Conditions. Regardless of the interest-free nature of the Sarrafe Crypto Credit granted, Sarrafe may impose a positive or negative Funding Rate calculated by the relevant Exchange(s) to be incurred by Sarrafe, which is subsequently transferred to the Client and depending on its Futures Contracts at a given time.You may, at any time while having an open Futures Contract(s), change the leverage, within the limits indicated on the Sarrafe Platform, while each time the amount of the Collateral will be adjusted accordingly and/or a Sarrafe Crypto Credit may be granted in accordance with Art. XIV.3. hereinabove. Changes under the preceding sentences will affect both Long and Short Futures Contract for the same Perpetual.The Collateral will be included in the Locked Balance. The risk and health of your Sarrafe Crypto Credit for a Futures Contract shall be monitored by Sarrafe in accordance with the Sarrafe Crypto Credit General Terms and Conditions and the liquidation procedure therein will apply accordingly.In case you instruct Sarrafe to close any open the Futures Contract, or in the event of liquidation, the proceeds of the relevant Futures Contract will be used for the repayment of the Sarrafe Crypto Credit and will be allocated first to the fees, if any, and then to the principal of the Sarrafe Crypto Credit. The same applies in case of partial closure of a Futures Contract.We may, upon our sole and absolute discretion, reverse or adjust any executed Futures Orders, in case of an error in the Entry Price or Exit Price, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Sarrafe, regardless of the reason for such, or significant change of the estimated price during the processing of the Futures Order. In case of reversal, the Futures Order will be reversed, respectively the proceeds thereof will be withdrawn from your Sarrafe Account, and the Collateral - released and no longer be treated as such for the purpose of the Sarrafe Crypto Credit, as the case may be and to the extent applicable. In case of adjustment, the Futures Order, respectively the proceeds thereof, will be adjusted accordingly in your Sarrafe Account, or if such proceeds are not available, other available Digital Assets in your Sarrafe Account will be debited accordingly therefrom. In case of reversals or adjustments of Futures Orders under this article, the Sarrafe Crypto Credit is granted in accordance with Art. XIV.3. and Art. XIV.5. hereinabove for the purpose thereof will be reversed, respectively adjusted, accordingly.
XV. REFUSAL TO PROVIDE SARRAFE SERVICES.
LIMITATION, SUSPENSION OR TERMINATION OF THE SARRAFE SERVICES.
CLOSURE OF ACCOUNTS.
Sarrafe reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the Sarrafe Services, including for purposes of compliance with any Applicable Law.The topping-up of Digital Assets into your Digital Asset Wallet may be subject to certain limits imposed by Sarrafe (as may be amended from time to time at Sarrafe sole and absolute discretion).Sarrafe may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the Sarrafe Services, or your access to your Sarrafe Account (including freezing or closing your Sarrafe Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon Sarrafe’s suspicion that a transaction or your use of the Sarrafe Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Sarrafe Account has been compromised; (d) your Sarrafe Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the Sarrafe Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a Sarrafe Account or use of the Sarrafe Services. In the above cases the Digital Assets in your Sarrafe Account may be frozen for an indefinite period of time until the matter is resolved.Sarrafe may, at any time and without liability: (a) update or change any features, components or content of the Sarrafe Services, cease to accept and support any Digital Assets and substitute them with Digital Assets accepted and supported by Sarrafe, determined as per Sarrafe sole and absolute discretion, if such are available in the Client’s Sarrafe Account at the cessation time. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you; or (b) suspend, terminate, cancel or change any incentive program and/or any pay-out in regard thereto.If we decide to undertake any of the actions under Art. XV.3 and XV.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XV.3 and XV.4 and you will not be released from any liability having arisen prior to such.Sarrafe shall not owe you any payment, compensation or damages in relation to any suspension, limitation, cessation, reversal or termination of your use of the Sarrafe Services, regardless of the reason therefor.Our rights for suspension, limitation, cessation, reversal and termination under this Section XV shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).You may, at any time, suspend or terminate your access to and use of any of the Sarrafe Services or close your Sarrafe Account. In order to do so, you shall submit a request to Sarrafe in a form and together with the relevant supporting documents and/or information, as may be required by Sarrafe. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closing and that the relevant Sarrafe Services will not be accessible thereafter.All your debts to Sarrafe shall have been settled and there shall be no balance in your Sarrafe Account prior to closing thereof under this Section XV. You are entitled to recover the remaining balance of Digital Assets together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, prior to closing, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, subject to revision from time to time, at our sole and absolute discretion.
XVI. PERSONAL DATA
We can only provide the Sarrafe Services once we have collected your Personal Data.By creating your Sarrafe Account and/or using the Sarrafe Services, you acknowledge that Sarrafe shall gather, process and store your Personal Data for the purpose of providing you with the Sarrafe Services, and declare, acknowledge and confirm that you have read our Privacy Policy and Cookies Policy and agree thereto. We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.In the event your Sarrafe Account is closed on any grounds under this Agreement, we will stop using your Personal Data for the purposes under Art. XVI.2, but we may need to keep your Personal Data as required by any Applicable Law.
XVII. LIMITATION OF LIABILITY
ALL THE SARRAFE SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SARRAFE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SARRAFE SERVICES UNDER THESE GENERAL TERMS.

SARRAFE LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY SARRAFE, AT OUR SOLE AND ABSOLUTE DISCRETION:RE-SUPPLYING, REPLACING OR REPAIRING THE SARRAFE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; ORPAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SARRAFE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);ARISING FROM OR IN CONNECTION WITH:ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE SARRAFE PLATFORM OR THE SARRAFE SERVICES;FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE SARRAFE PLATFORM OR THE SARRAFE SERVICES;ANY UNAUTHORIZED OR INELIGIBLE USE OF THE SARRAFE SERVICES CONTRARY TO THESE GENERAL TERMS;DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT SARRAFE SERVICE, YOUR SARRAFE ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SARRAFE SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO SARRAFE FOR YOUR USE OF THE RELEVANT SARRAFE SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XVIII. DEFAULT. INDEMNIFICATION
The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches any of the Client’s obligations or warranties under these General Terms;

b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;

c) Sarrafe is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.In case of an Event of Default, Sarrafe is entitled:

a) To terminate this Agreement with immediate effect;

b) To take any action it deems necessary to protect its interests.You shall defend, indemnify, and hold harmless Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Sarrafe Services in violation to these General Terms or any Applicable Law.
XIX. TERMINATION
This Agreement shall be terminated immediately by closing your Sarrafe Account, on the grounds of Art. XVIII.2, Letter a) or otherwise, and discontinuing use of the Sarrafe Services. The Agreement can be terminated upon written notice by Sarrafe if Sarrafe discontinues the offering of the Sarrafe Services, regardless of the reasons.All your debts to Sarrafe shall have been settled and there shall be no balance in your Sarrafe Account prior to suspension or closing thereof. You are entitled to recover the remaining balance of Digital Assets together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, subject to revision from time to time, at our sole and absolute discretion.The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XX. NOTICES. ELECTRONIC COMMUNICATIONS
Any notice required or made under these General Terms from Sarrafe to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Sarrafe Platform.Any notice required or made under these General Terms by the Client to Sarrafe shall only be made via e-mail in English to support@sarrafe.com.Your feedback, questions or complaints may be referred to Sarrafe via e-mail in English to support@sarrafe.com, or through other communication channels indicated by Sarrafe from time to time on the Sarrafe Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Sarrafe up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.You shall be fully responsible for the security and authenticity of all instructions sent through the Sarrafe Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your Sarrafe Account are coming from you and we shall not be obliged to verify this.You accept the risk that your instructions and information may not be protected against unauthorized access when given through the Sarrafe Platform, as being transmitted via the Internet.Any instructions sent to Sarrafe shall only be deemed received by Sarrafe when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Sarrafe Platform and the Sarrafe Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.You acknowledge and agree that in the event of any dispute arising in connection with your use of the Sarrafe Platform and the Sarrafe Services, our records of all matters related to your use of the Sarrafe Platform and the Sarrafe Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
XXI. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed exclusively by the substantive law of England and Wales.Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
XXII. MISCELLANEOUS
Your use of the Sarrafe Services may be subject to certain fees, as indicated on the Sarrafe Platform, which are always exclusive of any taxes and may be debited from your Sarrafe Account, if applicable. Such fees may be changed at any time, at Sarrafe sole and absolute discretion.The Intellectual Property remains an exclusive property of Sarrafe and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.This Agreement, together with the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Sarrafe in relation to the use of the Sarrafe Services. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel, including any statements in Sarrafe’s whitepaper.Sarrafe shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform unless otherwise indicated. You shall regularly check the Sarrafe Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add or remove any feature or functionality of the Sarrafe Platform without prior notice. By continuing to use the Sarrafe Platform and/or the Sarrafe Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed Sarrafe Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Sarrafe Platform and/or the Sarrafe Services immediately.The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.The failure by Sarrafe to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.Providing you with the Sarrafe Services does not make Sarrafe your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Sarrafe Account other than those expressly specified hereunder.None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.Except for the legal entities belonging to the Sarrafe group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.1Applicable to the use of all Sarrafe Services, including any new Sarrafe Crypto Credit after April 1, 2023. Exceptions apply to the States of New York, Alaska, Vermont, Florida and Texas, to which identical or similar restrictions are already in place before this date.
2Applicable to the use of the Sarrafe Referral Program, Exchange Transactions under Art. V.2.(b) of the Sarrafe Exchange Service General Terms and Conditions, the Sarrafe Pro Services and execution of Futures Contracts.
3Applicable to the use of the Sarrafe Booster, the cases under Art. V.5.(ii) of the Sarrafe Services General Terms and Conditions and execution of Futures Contracts.
4Applicable to the execution of Futures Contract.
Sarrafe Staking Product General Terms and Conditions
I. INTRODUCTION
These Sarrafe Staking Product General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Sarrafe group of companies (“Sarrafe” or “we”), while you and Sarrafe are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Sarrafe Staking Product, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Eligible Digital Asset
means the Digital Asset indicated on the Sarrafe Platform and accepted by Sarrafe, eligible for staking, subject to revision from time to time, at our sole and absolute discretion;
Sarrafe Staking Product means a product offered by Sarrafe, allowing you to earn Rewards on your Eligible Digital Assets by participating in on-chain Staking in accordance with the present General Terms;
Sarrafe Staking Commission means a commission for facilitating the Staking at the amount of 15% of the total daily rewards distributed by the relevant network, subject to revision from time to time at our sole and absolute discretion, while Sarrafe may grant preferential rates at any time as part of marketing campaigns or otherwise, at its sole and absolute discretion;
Stake Transaction means a transaction regarding a Stake Pair initiated by the Client in the Sarrafe Account, by an Order to stake the selected amount of Eligible Digital Assets;
Unstake Transaction means a transaction regarding a Stake Pair initiated by the Client in the Sarrafe Account, by an Order to unstake the selected amount of Staked Digital Assets, together with the accrued Rewards;
Staked Digital Asset means a Digital Asset issued by Sarrafe and converted at 1-to-1 rate to the Eligible Digital Asset, and subject to prohibitions and limitations at any time, as indicated on the Sarrafe Platform;
Staking means the delegating or locking up of Eligible Digital Assets to earn Rewards;
Staking Pair means the Eligible Digital Asset paired with the Staked Digital Asset, both serving either as Base Asset or as Counter Asset, regarding which a Stake Transaction, respectively an Unstake Transaction, is initiated by the Client and executed by Sarrafe;
Order means an instruction from you to Sarrafe to execute a Stake Transaction, respectively an Unstake Transaction;
Rewards means the rewards distributed to you by Sarrafe in Staked Digital Assets, less Sarrafe Staking Commission.Unless stated otherwise, references shall be made to the Sarrafe Services General Terms and Conditions, the Sarrafe Crypto Credit General Terms and Conditions, the Sarrafe Earn Interest Product General Terms and Conditions and the Sarrafe Exchange Service General Terms and Conditions, and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the relevant General Terms, as the case may be.
III. CLIENT
You can enter into this Agreement and use the Sarrafe Staking Product only if all of the conditions below are met:You have opened a Sarrafe Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Sarrafe Services General Terms and Conditions;You are not a citizen or resident of the USA, Australia, Canada, Bulgaria and Estonia, and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Sarrafe Staking Product.By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Sarrafe Staking Product and/or the related Sarrafe Services to you and close your Sarrafe Account, and do not allow you to use the Sarrafe Staking Product and/or the related Sarrafe Services. You understand and agree that, at any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Sarrafe Staking Product; (ii) change the conditions for entering into the Agreement or use of the Sarrafe Staking Product; (iii) suspend the provision of the Sarrafe Staking Product or of all or part of the related Sarrafe Services; (iv) act as a validator or assign a third party with the staking of your Eligible Digital Assets; (v) keep all or part of the on-chain rewards; (vi) we may or may not support any voting rights associated the Eligible Digital Assets; or (vii) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Sarrafe Staking Product without or with minimal notification ahead.
IV. SPECIFIC FEATURES OF THE SARRAFE STAKING PRODUCT
The Sarrafe Staking Product allows you to earn Rewards by using Eligible Digital Assets topped up into your Sarrafe Account in accordance with Section V of the Sarrafe Services General Terms and Conditions, within the limitations and conditions as indicated on the Sarrafe Platform. Staking your Eligible Digital Assets, respectively unstaking your Staked Digital Assets will be at a guaranteed 1-to-1 rate.You may only initiate a Stake Transaction regarding the Stake Pairs, which are subject to revision from time to time at our sole and absolute discretion, and within the limits, as indicated on the Sarrafe Platform and in the Sarrafe Account. You may use your Staked Digital Assets to repay your Sarrafe Crypto Credit in accordance with the Sarrafe Crypto Credit General Terms and Conditions.You may initiate a substitution of the Staked Digital Assets or the Eligible Digital Assets used as Collateral, by initiating a Stake Transaction, respectively an Unstake Transaction, within the limitations and restrictions of Art. IV.7 of the present General Terms and within the limitations indicated in your Sarrafe Account and on the Sarrafe Platform.You may unstake your Staked Digital Assets, together with the distributed Rewards at any time, in accordance with Section VI, subject to the limitations and restrictions in these General Terms and on the Sarrafe Platform, which may be revised from time to time, at our sole and absolute discretion.You are responsible for all Orders you place to Sarrafe and your decisions relating to staking, unstaking and using the Sarrafe Staking Product.You will not be able to place an Order (i) using Digital Assets not available in your Sarrafe Account, or not eligible for the Sarrafe Staking Product; (ii) when the Base Assets serve as Collateral of a current Sarrafe Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Counter Assets intended to serve as Collateral of the same Sarrafe Crypto Credit instead of the Base Assets, as indicated on the Sarrafe Platform and in the Sarrafe Account. Your Order may be rejected due to network shortages and/or technical reasons.We may, at our sole and absolute discretion, reverse or adjust any executed Stake Transaction or Unstake Transaction, in case of system or technical error detected by Sarrafe, regardless of the reason for such. In case of reversal, the Counter Assets subject of the Stake Transaction, respectively of the Unstake Transaction, will be withdrawn from your Sarrafe Account, and the Base Assets - re-topped up thereinto. In case of adjustment, the amount of the Counter Assets subject to the Stake Transaction, respectively of the Unstake Transaction, will be adjusted accordingly in your Sarrafe Account.
V. INITIATION AND EXECUTION OF STAKE TRANSACTIONS
You must select the amount of the Eligible Digital Asset before you place an Order with Sarrafe to execute a Stake Transaction. Stake Transactions are irreversible and final once you have provided the relevant instructions to Sarrafe, and you may not change, withdraw or cancel the Order to Sarrafe to complete any pending or partially completed Stake Transaction. Sarrafe shall not be liable for any partially completed Stake Transactions.After you have selected the amount of Eligible Digital Assets, Sarrafe will show you the amount in Staked Digital Assets. Your Orders for executing a Stake Transactions shall be processed by Sarrafe immediately, while their status may be tracked in the Sarrafe Account. However, due to technical limitations, the processing may take a longer period of time, for which Sarrafe cannot be held liable. Sarrafe devotes significant efforts to ensure that any processing falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your Order.Once your Order has been executed, respectively your Sarrafe Account balance has been updated, you will receive confirmation of the Stake Transaction via e-mail.
VI. INITIATION AND EXECUTION OF UNSTAKE TRANSACTIONS
You must select the amount of the Staked Digital Asset before you place an Order with Sarrafe to execute an Unstake Transaction. Unstake Transactions are irreversible and final once you have provided the relevant instructions to Sarrafe, and you may not change, withdraw or cancel the Order to Sarrafe to complete any pending or partially completed Unstake Transaction. Unstake Transactions are subject to limitations imposed by Sarrafe or the relevant network, as indicated on the Sarrafe Platform. Sarrafe shall not be liable for any partially completed Unstake Transactions.Sarrafe will devote significant efforts to ensure that any Unstake Transaction will be processed no later than 24 (twenty-four) hours of your Order. However, due to technical limitations imposed by the relevant network, a predefined cooldown period may be imposed, which is outside Sarrafe’s control and for which Sarrafe cannot be held liable. Sarrafe reserves the right to add a cooldown period at its sole and absolute direction, while such changes will be published on the Sarrafe Platform.Once your Order has been executed, the proceeds of the Unstake Transaction will be topped up into your Sarrafe Account, together with the received Rewards, if any, respectively your Sarrafe Account balance will be updated, and you will receive confirmation of the Unstake Transaction via e-mail.
VII. REWARDS
Rewards shall commence accruing on the Staked Digital Assets at a certain rate, less Sarrafe Staking Commission, as indicated in your Sarrafe Account, either as of the expiry of 24 (twenty-four) hours as of the topping up of the Eligible Digital Assets in your Sarrafe Account (“Cool-off period”), or on the same day, if the Cool-off period has expired prior to the execution of the Stake Transaction, within the limitations and conditions, as indicated on the Sarrafe Platform (“Start Time”). Rewards shall be compound and may not be guaranteed by Sarrafe, nor shall be determined by your loyalty level.Rewards shall be distributed to and visible in your Sarrafe Account, after they are received by Sarrafe, on a daily basis, at a certain time on each calendar day, but no earlier than the Start Time.Rewards, if any, shall be accrued until the date of your request for unstaking under Art. VI.1. You will only receive the Rewards that have been credited to your Sarrafe Account up to the time of your request.Sarrafe reserves its right to grant preferential Rewards or other terms to certain Clients as part of marketing campaigns or otherwise, upon its sole and absolute discretion.
VIII. OBLIGATIONS AND WARRANTIES
You hereby declare, warrant and confirm that:You meet the conditions under Art. III.1.;You validly undertake any action or enter into any transaction with regard to the Agreement;The Digital Assets, which you have topped up or will top up into your Sarrafe Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Sarrafe Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;You have submitted to Sarrafe only complete, correct and up-to-date information and documents;You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Sarrafe shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Sarrafe Services, for which Sarrafe shall not be held liable. You shall hold Sarrafe harmless from any expenses and losses, resulting from the above uncertainty;You are aware that you use the Sarrafe Account, the Sarrafe Platform and the Sarrafe Staking Product fully at your own risk.You hereby undertake to:Use the Sarrafe Account, the Sarrafe Platform, the Sarrafe Staking Product and the related Sarrafe Services in good faith;Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;Not provide false, inaccurate, incomplete, out-of-date or misleading information; Not interfere, intercept, or expropriate our network, system, data, or information;Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems concerning the Sarrafe Staking Product and/or the related Sarrafe Services;Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sarrafe Staking Product and/or the related Sarrafe Services;Not engage in any written or verbal communication or conduct towards Sarrafe, its affiliates, third-party service providers, or each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful; Keep the data required for using the Sarrafe Account unavailable for third parties;Inform Sarrafe about any change in the information and documents submitted to Sarrafe, in particular in your contact details, within 1 (one) day of the change.Comply with other terms under Art. X.2 of the Sarrafe Services General Terms and Conditions, as applicable.
IX. RISK DISCLOSURE
Prior to using the Sarrafe Staking Product, you should carefully consider the risks associated therewith, including but not limited to premature unstaking, permanent loss, slashing, etc. You should examine your financial resources and risk tolerance to determine whether the Sarrafe Staking Product is appropriate for you. Digital Assets are more volatile relative to most fiat currencies, and other assets, and this unpredictability of their price may result in significant losses over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Sarrafe. You shall, therefore, carefully consider whether holding Digital Assets is suitable for you in light of your financial condition. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Sarrafe Staking Product, the related Sarrafe Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable. Keep in mind that we do not provide investment advice and the information coming from Sarrafe shall not be used as a basis for making decisions about investing in a particular Digital Asset. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE SARRAFE STAKING PRODUCT IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.We may be forced to suspend, discontinue, or change aspects of the Sarrafe Staking Product or any of the related Sarrafe Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Sarrafe Account may be frozen for an indefinite period of time until the matter is resolved.You understand and agree that you use the Sarrafe Account and the Sarrafe Staking Product at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Sarrafe Staking Product and any of the related Sarrafe Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
X. LIMITATION OF LIABILITY
THE SARRAFE STAKING PRODUCT IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SARRAFE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SARRAFE STAKING PRODUCT UNDER THESE GENERAL TERMS.

SARRAFE'S LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY SARRAFE, AT OUR SOLE AND ABSOLUTE DISCRETION:RE-SUPPLYING, REPLACING OR REPAIRING THE SARRAFE STAKING PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED; ORPAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SARRAFE STAKING PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);ARISING FROM OR IN CONNECTION WITH:ANY DELAY, SUSPENSION, DISCONTINUATION, OR INTERRUPTION OF THE SARRAFE PLATFORM OR THE SARRAFE STAKING PRODUCT;FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES; ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE SARRAFE PLATFORM OR THE SARRAFE STAKING PRODUCT;ANY UNAUTHORIZED OR INELIGIBLE USE OF THE SARRAFE STAKING PRODUCT CONTRARY TO THESE GENERAL TERMS;DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SARRAFE STAKING PRODUCT, YOUR SARRAFE ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SARRAFE STAKING PRODUCT AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO SARRAFE FOR YOUR USE OF THE SARRAFE STAKING PRODUCT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE). NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XI. DEFAULT. INDEMNIFICATION
The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches any of the Client’s obligations or warranties under these General Terms;

b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;

c) Sarrafe is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

In case of an Event of Default, Sarrafe is entitled:

a)  To terminate this Agreement with immediate effect;

b) To take any action it deems necessary to protect its interests.You shall defend, indemnify, and hold harmless Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Sarrafe Staking Product in violation to these General Terms or any Applicable Law.
XII. TERMINATION
This Agreement shall be terminated immediately by the closing of your Sarrafe Account, on the grounds of Art. XI.2, Letter a) or otherwise, and discontinuing the use of the Sarrafe Staking Product. The Agreement can be terminated upon written notice by Sarrafe if Sarrafe discontinues the offering of the Sarrafe Staking Product, regardless of the reasons. In all cases of termination under this Art. XII.1, you are not entitled to receive any Rewards in regard to the Sarrafe Staking Products, and such Rewards will not be credited to your Sarrafe Account.All your debts to Sarrafe shall have been settled and there shall be no balance in your Sarrafe Account prior to suspension or closing thereof. You are entitled to recover the remaining balance of Digital Assets together with the Rewards accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Rewards, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for the purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the Sarrafe Account and on the Sarrafe Platform, subject to revision from time to time, at our sole and absolute discretion. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XIII. NOTICES
Any notice required or made under these General Terms from Sarrafe to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Sarrafe Platform.Any notice required or made under these General Terms by the Client to Sarrafe shall only be made via e-mail in English to support@sarrafe.com.
XIV. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed exclusively by the substantive law of England and Wales.Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
XV. MISCELLANEOUS
The Intellectual Property remains an exclusive property of Sarrafe and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.This Agreement, together with the Sarrafe Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Sarrafe in relation to the use of the Sarrafe Staking Product. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Sarrafe, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel, including any statements in Sarrafe’s whitepaper.You understand and agree that we might convert, pledge, re-pledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, dispose of or use any amount of any Digital Assets in regard to which you use the Sarrafe Staking Product, separately or together with other property, and for any period of time, and without retaining in our possession and/or control for delivery a like amount thereof or any other assets, at our sole and absolute discretion. Any such action will be performed in our name only and you will have no benefits and liabilities from it.Sarrafe shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Sarrafe Platform, unless otherwise indicated. You shall regularly check the Sarrafe Platform to inform yourself about any such amendments or supplements. By continuing to use the Sarrafe Staking Product, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Sarrafe Staking Product immediately.The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.The failure by Sarrafe to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.Providing you with the Sarrafe Staking Product does not make Sarrafe your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Sarrafe Account other than those expressly specified hereunder.None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Sarrafe. Sarrafe shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consentExcept for the legal entities belonging to the Sarrafe group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.Any issues which are not settled hereby shall be governed by the Sarrafe Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Sarrafe Services General Terms and Conditions, these General Terms shall prevail.This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Terms and Conditions
Sarrafe refers to GRIFFIN INTERNATIONAL SPC with the address at As Seeb, Al Seeb, Muscat Governorate, PO:111, 121, Muscat, Sultanate of Oman. All references to Sarrafe in the following text are considered as referring to GRIFFIN INTERNATIONAL SPC.16:22
1. Introduction.

These Terms And Conditions (these “Terms” or these “Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms And Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions.This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Sarrafe and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions.
You are expressly and emphatically restricted from all of the following:selling, sublicensing and/or otherwise commercializing any Website material;using this Website in any way that is, or may be, damaging to this Website;using this Website in any way that impacts user access to this Website;using this Website contrary to applicable laws and regulations, or in a way that causes;may cause, harm to the Website, or to any person or business entity;engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;Certain areas of this Website are restricted from access by you and Sarrafe may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Sarrafe a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.Your Content must be your own and must not be infringing on any third party’s rights. Sarrafe reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties.
This Website is provided “as is,” with all faults, and Sarrafe makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall Sarrafe, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Sarrafe, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification.
You hereby indemnify to the fullest extent Sarrafe from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Consent to communication:
You grant your explicit consent to Sarrafe’s use of your mobile phone number for the purpose of provision of any information and sending of any messages and notifications in regard to our contractual relations, including for marketing purposes.
9. Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms.
Sarrafe is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all Terms And Conditions governing use of this Website.
11. Assignment.
Sarrafe shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Sarrafe and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction.
These Terms will be governed exclusively by the substantive law of England and Wales. Any dispute arising out of or in connection with these Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Sarrafe.
Licenses
Privacy Policy
Exchange Service General Terms and Conditions
Earn Interest Product General Terms and Conditions
Terms of Services
Wallet Services General Terms and Conditions
Licenses
Privacy Policy

Purpose
Troni.az has adopted this Privacy Notice in order to inform you of its policies with respect to information collected from the troni.az and app.troni.az online and mobile web sites (each, a “Web Site” or collectively, the “Web Sites”).
Our Privacy Notice explains:
• What information we collect and why we collect it.
• How we use that information.
• The choices we offer, including how to access and update information.If you have any questions about this Privacy Notice, please contact us at: info@troni.az
Personally Identifiable Information
Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone/fax number, email address or any information you submit to the Web Sites that identifies you individually.
The Web Sites will not collect any personally identifiable information about you unless you provide it.
Therefore, if you do not want us to obtain any personally identifiable information about you, please do not submit it to us.
You can visit and browse the Web Sites without revealing personally identifiable information about yourself, but not all functions will be available to you. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. The Web Sites may collect personally identifiable information about you by methods such as the following:
Registration Forms – If you are offered the opportunity to enter a promotion, to become a member of the Web Sites, or to register, you must fill out certain registration forms on the Web Site. This requires you to fill out the registration form on the Web Site. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, credit/debit card number(s) with associated expiration date(s), CVV and billing zip code(s), and/or a unique individual password.
Transactions and Activity – If you become a registered user or if you conduct transactions through the Web Sites, we will collect information about the transactions you engage in while on the Web Sites and your other activity on the Web Sites or Applications. This information may include, without limitation, areas of the Web Sites that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.
Email and other voluntary communications – You may also choose to communicate with us through email, via our Web Sites, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.
Non-Personally Identifiable Information
When you visit the Troni.az Web Sites, like when you visit most other web sites and applications, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet (which identifies the company providing you internet access and general geographic information), the date and time you access the site, the pages you access while at the Troni.az Web Sites or Application, and the internet address of the web sites, if any, from which you linked directly to the Troni.az Web Site or Application. This information is not personally identifiable.
Information Use
Troni.az may use the personally identifiable information collected through its Web Sites or Applications primarily for such purposes as:
• helping to establish and verify the identity of users;
• opening, maintaining, administering and servicing users’ accounts or memberships;
• processing, servicing or enforcing transactions and sending related communications;
• providing services and support to users;
• improving the Web Sites and Applications, including tailoring it to users’ preferences;
• providing users with product or service updates, promotional notices and offers, and other information about Troni.az and its affiliates;
• responding to your questions inquiries, comments and instructions;
• protecting our systems from fraud and unlawful access;• maintaining the security and integrity of its systems.Troni.az will collect only as much personal information as is needed for these specific purposes, and will not use it for other purposes without obtaining your consent. Troni.az uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its Web Sites. Troni.az may also use aggregated anonymous information to provide information about its Web Sites and Applications to potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.
We, or our advertising networks may also use cookie, tag, beacon, or other similar technology to serve you relevant advertisements and alert you to our content, even on other sites and services. This technology can also be used to collect and analyze aggregated information about our users. The National Advertising Initiative has more information and an opt-out site maintained here.
Please keep in mind that comments sections, forums, and other similar areas of our services are public. Any information posted in those areas is viewable and usable by anyone that has access.
Choice
If we provide you with any mailings or other communication, you can always opt out of that communication.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled.
You have the right to remove your personal information from our databases. To do this, please delete your membership account. If you have any problems or questions, please let us know by contacting us here info@troni.az and we will assist you with the process.Accessing and updating your personal informationWhenever you use our services, we aim to provide you with access to your personal information in your account. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
Do Not Track Signals
Some web browsers have settings that include “do not track signals.” Our services are not currently engineered to respond to those signals from browsers.
Information we share
We do not share personal information with companies, outside organizations and individuals unless one of the following circumstances apply:
With your consent. We will share personal information with companies, outside organizations or individuals if we have your consent to do so.
For external processing. We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Notice and any other appropriate confidentiality and security measures.
For legal reasons. We will share personal information with companies, outside organizations or individuals (such as forensic experts and investigative service providers) if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
In case of a sale or asset transfer.11:21 PM If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the services.
In aggregated form for business purposes. We may share aggregated, non-personally identifiable information publicly and with our partners we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our services.
Information security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website is entirely secure. You should protect the account information in your possession as well.
Third-Party Sites
Our Privacy Notice does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you on this site. We also do not control the privacy policies and your privacy settings on third-party sites, including social networks.
Enforcement
We regularly review our compliance with our Privacy Notice. When we receive formal written complaints, we will contact the person who made the complaint to follow up.
Children Under 13
Our site is not directed toward children under 13 and we will not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our site, please contact us at info@troni.az
KYC
All KYC data stored on ComplyAdvantage Global servers in conformity with their privacy policy and privacy notice.
Changes
Our Privacy Notice may change from time to time. We will post any changes to the Privacy Notice   on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of  changes to the Privacy Notice).
Exchange Service General Terms and Conditions

I. INTRODUCTION
These Troni Exchange Service General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Troni group of companies (“Troni” or “we”), while you and Troni are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Troni Exchange Service, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
1. Base Asset
means the first Digital Asset in the Trading Pair, as indicated on the Troni Platform and in the Troni Account, which may be chosen by you for the purpose of an Exchange Transaction;
2. Counter Asset means the second Digital Asset in the Trading Pair, as indicated on the Troni Platform and in the Troni Account, which may be chosen by you for the purpose of an Exchange Transaction;
3. Exchange means any exchange used by Troni for the purpose of an Exchange Transaction;
4. Exchange Price means the price at which the Exchange Transaction is executed by Troni;
5. Exchange Transaction means a sale transaction regarding a Trading Pair initiated by the Client in the Troni Account, by an Order to Troni to place a sale order with an Exchange and execute a sale transaction thereon, and/or the sale transaction executed by Troni on the relevant Exchange;
6. Trading Pair means a Base Asset and a Counter Asset, regarding which an Exchange Transaction is initiated by the Client and/or executed by Troni;
7. Order means an instruction from you to Troni to execute an Exchange Transaction and top up the proceeds thereof, respectively the relevant Counter Assets, into your Savings or Credit Wallet, as the case may be.Unless stated otherwise, references shall be made to the Troni Wallet Services General Terms and Conditions and the Troni Crypto Credit General Terms and Conditions, and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Troni Wallet Services General Terms and Conditions or the Troni Crypto Credit General Terms and Conditions, as the case may be.
III. CLIENT
1.
You can enter into this Agreement and use the Troni Exchange Service only if all of the conditions below are met:
1.1. You have opened a Troni Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Troni Wallet Services General Terms and Conditions;
1.2. You are not a citizen or resident of Bulgaria and Estonia, and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Troni Exchange Service;
1.3. You have passed Advanced Verification on the Troni Platform (applicable only to the cases where the Base Asset is EURx/GBPx/USDx).
2. By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Troni Exchange Service and/or other Troni Wallet Services to you and close your Troni Account, and do not allow you to use the Troni Exchange Service and/or the other Troni Wallet Services.
3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Troni Exchange Service; (ii) change the conditions for entering into the Agreement or use of the Troni Exchange Service; (iii) suspend the provision of the Troni Exchange Service or of all or part of the other Troni Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Troni Exchange Service.
IV. SPECIFIC FEATURES OF THE TRONI EXCHANGE SERVICE
1.
10:50 PM The Troni Exchange Service allows you to initiate the execution of an Exchange Transaction, using the Base Assets in your Savings or Credit Wallet, and the subsequent topping up of the proceeds thereof, respectively the relevant Counter Assets, into the same Savings or Credit Wallet. You cannot initiate an Exchange Transaction using Base Assets in your Credit Wallet when these Base Assets serve as Collateral of a current Troni Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Counter Assets intended to serve as Collateral of the same Troni Crypto Credit instead of the Base Assets, as indicated on the Troni Platform and in the Troni Account.
2. You may only initiate an Exchange Transaction regarding the Trading Pairs and within the limits as indicated on the Troni Platform and in the Troni Account, which are subject to revision from time to time at our sole and absolute discretion.
V. INITIATION AND EXECUTION OF EXCHANGE TRANSACTIONS
1.
You must select the type and amount of the Base Asset you wish to sell and the Counter Asset you wish to buy, thus selecting the Trading Pair, before you place an Order with Troni.
2. The Exchange Transactions are irreversible and final once you have provided the relevant instructions to Troni, and you may not change, withdraw or cancel the Order to Troni to complete any pending or partially completed Exchange Transaction. You are responsible for all Orders you place and your decisions to sell, implement and maintain the Digital Assets in your Troni Account. Troni shall not be liable for any partially completed Exchange Transactions.
3. After you have selected the Trading Pair, if the Exchange Transaction can be executed by Troni, the latter will show you the relevant Exchange Price in the Troni Account. If the Exchange Transaction can be executed at more than one Exchange, Troni will strive to execute the Exchange Transaction at the best price available at these Exchanges. However, we do not guarantee the availability of any price.
4. Your Orders shall be processed by Troni immediately, while their status may be tracked in the Troni Account. However, due to technical reasons, the processing may take a longer period of time, for which Troni cannot be held liable. Troni devotes significant efforts to ensure that any processing falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your Order.
5. Once your Order has been executed, the Counter Assets have been topped up into your Troni Account, respectively your Troni Account balance has been updated, you will receive confirmation of the Exchange Transaction via e-mail.
6. You will not be able to place an Order (i) using Base Assets not available in your Savings or Credit Wallet; (ii) above or under the permitted limits as indicated on the Troni Platform and in your Troni Account; (iii) when the Base Assets serve as Collateral of a current Troni Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Counter Assets intended to serve as Collateral of the same Troni Crypto Credit instead of the Base Assets, as indicated on the Troni Platform and in the Troni Account.
7. Your Order may be rejected (i) due to network shortages and/or technical reasons; (ii) in case of significant price difference; or (iii) in case there are not enough Counter Assets on the Exchanges.
8. We may, upon our sole and absolute discretion, reverse or adjust any executed Exchange Transaction, in case of an error in the Exchange Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Troni, regardless of the reason for such. In case of reversal, the Counter Assets subject of the Exchange Transaction will be withdrawn from the Savings or Credit Wallet of your Troni Account, and the Base Assets - re-topped up thereinto.10:50 PMIn case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction will be adjusted accordingly in the Savings or Credit Wallet of your Troni Account.
VI. OBLIGATIONS AND WARRANTIES
1.
You hereby declare, warrant and confirm that:
1.1.You meet the conditions under Art. III.1.;
1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;
1.3 The Base Assets, which you have topped up or will top up into the Savings Wallet of your Troni Account, respectively have moved or will move to the Credit Wallet of your Troni Account, or the funds, which you have used or will use for purchase of such, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
1.4 You have submitted to Troni only complete, correct and up-to-date information and documents;
1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Troni shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Troni Exchange Service, for which Troni shall not be held liable. You shall hold Troni harmless from any expenses and losses, resulting from the above uncertainty;
1.6. You are aware that you use the Troni Account, the Troni Platform and the Troni Exchange Service fully at your own risk.
2. You hereby undertake to:
2.1. Use the Troni Account, the Troni Platform, the Troni Exchange Service and the other Troni Wallet Services in good faith;
2.2. Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
2.4. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
2.5. Not interfere, intercept, or expropriate our network, system, data, or information;
2.6. Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Troni Exchange Service and/or other Troni Wallet Services;
2.7. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
2.8. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Troni Exchange Service and/or other Troni Wallet Services;
2.9. Keep the data required for using the Troni Account unavailable for third parties;
2.10. Inform Troni about any change in the information and documents submitted to Troni, in particular in your contact details, within 1 (one) day as of the change.
2.11. Comply with other terms under Art. X.2 of the Troni Wallet Services General Terms and Conditions, as applicable.
VII. RISK DISCLOSURE1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Troni. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2.10:50 PM Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Troni Exchange Service, the other Troni Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
5. The nature of the Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Troni shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE TRONI EXCHANGE SERVICE IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
8. You understand and agree that you use the Troni Account, the Troni Exchange Service and the other Troni Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Troni Exchange Service and any of the other Troni Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
VIII. LIMITATION OF LIABILITY
1.
THE TRONI EXCHANGE SERVICE IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TRONI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE TRONI EXCHANGE SERVICE UNDER THESE GENERAL TERMS.TRONI LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY TRONI, AT OUR SOLE AND ABSOLUTE DISCRETION:
1.1. RE-SUPPLYING, REPLACING OR REPAIRING THE TRONI EXCHANGE SERVICE IN RESPECT OF WHICH THE BREACH OCCURRED; OR
1.2. PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE TRONI EXCHANGE SERVICE IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2.2. ARISING FROM OR IN CONNECTION WITH:
2.2.1.10:50 PM ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE TRONI PLATFORM OR THE TRONI EXCHANGE SERVICE;
2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
2.2.4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY EXCHANGE OR OTHER TRANSACTION FOR ANY REASON;
2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY EXCHANGE OR OTHER TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE TRONI PLATFORM OR THE TRONI EXCHANGE SERVICE;
2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE TRONI EXCHANGE SERVICE CONTRARY TO THESE GENERAL TERMS;
2.2.8. REVERSAL OR ADJUSTMENT OF ANY EXCHANGE TRANSACTION IN ACCORDANCE WITH ART. V.8.
2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE TRONI EXCHANGE SERVICE, YOUR TRONI ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE TRONI EXCHANGE SERVICE AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO TRONI FOR YOUR USE OF THE TRONI EXCHANGE SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
IX. DEFAULT. INDEMNIFICATION
1.
The occurrence of one of the following events constitutes an Event of Default:
a) The Client breaches any of the Client’s obligations or warranties under these General Terms;
b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;
c) Troni is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Troni is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3. You shall defend, indemnify, and hold harmless Troni, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Troni Exchange Service in violation to these General Terms or any Applicable Law.
X. TERMINATION
1.
This Agreement shall be terminated immediately by closing of your Troni Account, on the grounds of Art. IX.2, Letter a) or otherwise, and discontinuing use of the Troni Exchange Service.10:50 PMThe Agreement can be terminated upon written notice by Troni if Troni discontinues the offering of the Troni Exchange Service, regardless of the reasons.
2. In the event that your suspended or closed Troni Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XI. NOTICES
1.
Any notice required or made under these General Terms from Troni to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Troni Platform.
2. Any notice required or made under these General Terms by the Client to Troni shall only be made through an e-mail in English, sent to support@troni.az.
XII. GOVERNING LAW AND JURISDICTION
1.
The Agreement shall be governed exclusively by the substantive law of England and Wales.
2. Any dispute arising out of or in connection with the Agreement, including with these General Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Troni.
XIII. MISCELLANEOUS
1.
The Intellectual Property remains an exclusive property of Troni and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
2. This Agreement, together with the Troni Wallet Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Troni in relation to the use of the Troni Exchange Service. It supersedes all prior representations, understandings, agreements, or communications between you and Troni, whether written or verbal, including any statements published in the whitepaper on the Troni Platform.
3. Troni shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Troni Platform unless otherwise indicated. You shall regularly check the Troni Platform to inform yourself about any such amendments or supplements. By continuing to use the Troni Exchange Service, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Troni Exchange Service immediately.
4. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
5. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms.10:50 PMThe remaining provisions of these General Terms shall remain in full force and effect.
6. The failure by Troni to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
7. Providing you with the Troni Exchange Service does not make Troni your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Troni Account other than those expressly specified hereunder.
8. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Troni. Troni shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
9. Except for the legal entities belonging to the Troni group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
10. Any issues which are not settled hereby shall be governed by the Troni Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Troni Wallet Services General Terms and Conditions, these General Terms shall prevail.
11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Earn Interest Product General Terms and Conditions

INTRODUCTION
These Troni Earn Interest Product General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Troni group of companies (“Troni” or “we”), while you and Troni are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Troni Earn Interest Product, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Unless stated otherwise, references shall be made to the Troni Wallet Services General Terms and Conditions. Аll the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Troni Wallet Services General Terms and Conditions.
III. CLIENT
1.
You can enter into this Agreement and use the Troni Earn Interest Product only if all of the conditions below are met:
1.1. You have opened a Troni Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Troni Wallet Services General Terms and Conditions;
1.2. You are not a citizen or resident of Bulgaria and Estonia, the State of New York (applicable only to the Troni Earn Interest Product where Interest is earned on USDx), and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Troni Earn Interest Product;
1.3. You have passed Advanced Verification on the Troni Platform (applicable only to the Troni Earn Interest Product where Interest is earned in TRONI Tokens).
2. By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Troni Earn Interest Product and/or the related Troni Wallet Services to you and close your Troni Account, and do not allow you to use the Troni Earn Interest Product and/or the related Troni Wallet Services.
3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Troni Earn Interest Product; (ii) change the conditions for entering into the Agreement or use of the Troni Earn Interest Product; (iii) suspend the provision of the Troni Earn Interest Product or of all or part of the related Troni Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Troni Earn Interest Product.
IV. SPECIFIC FEATURES OF THE TRONI EARN INTEREST PRODUCT
1.
The Troni Earn Interest Product allows you to earn Interest on certain Digital Assets topped up into the Savings Wallet of your Troni Account in accordance with Section V of the Troni Wallet Services General Terms and Conditions, or moved to the Credit Wallet of your Troni Account (applicable only to the TRONI Tokens). All such Digital Assets are indicated on the Troni Platform and in the Troni Account and are subject to revision from time to time, at our sole and absolute discretion. As a rule, Interest is earned on all Digital Assets falling within the above category unless used for other purposes on the Troni Platform.
2. You are allowed to have multiple active Troni Earn Interest Products, running simultaneously. Interest will be accrued separately on each Troni Earn Interest Product.
3. You may opt for a Troni Earn Interest Product for a flex term (“FLEX Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Troni Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Troni Platform and may be changed by Troni from time to time, at its sole and absolute discretion.
4.10:36 PM If you opt for a Troni Earn Interest Product for a Fixed Term, you cannot terminate the Agreement in the relevant part thereof governing your use of this Troni Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term.
5. The Troni Earn Interest Product for a Fixed Term may be automatically renewed, if you opt for this in your Troni Account, and each new Fixed Term will be governed by the terms applicable to the Troni Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Troni will consider your choice on the date of expiry of each Fixed Term.
V. INTEREST
1.
The Interest shall commence accruing on the Digital Assets at a certain rate, as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Troni Account (“Start Time”), and may be earned in the same Digital Assets as the ones on which it is accrued or in TRONI Tokens (applicable to Digital Assets different from TRONI Tokens), as per your choice on the Troni Platform. You may, at any time, switch from earning in-kind to earning in TRONI Tokens, if applicable, and vice versa. The Interest shall be compound when earned in-kind and simple when earned in TRONI Tokens.
2. The Interest shall be subject to revision from time to time, at our sole and absolute discretion. As a rule, in case you opt for earning in TRONI Tokens rather than earning in-kind, if applicable, higher Interest shall be accrued on your Digital Assets, consisting of the standard Interest applicable to the relevant Digital Assets and bonus Interest, as indicated on the Troni Platform. We will notify you of the new Interest on the Troni Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.
3. The Interest shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in TRONI Tokens, if applicable, for the purpose of determining the amount of the latter, the USD equivalent of the in-kind Interest on the relevant Digital Assets up to the above time is converted into TRONI Tokens.
4. The Interest for the Troni Earn Interest Product for a FLEX Term shall be credited to your Troni Account at a certain time on each calendar day, but no earlier than the Start Time. The Interest for the Troni Earn Interest Product for a Fixed Term shall be credited to your Troni Account on the date of expiry of the relevant Fixed Term. However, it shall be visible in your Troni Account for the duration of the latter.
5. The Interest shall be accrued on the Digital Assets until the date of your request for withdrawal under Art. VI.2, in case of a Troni Earn Interest Product for a FLEX Term, or until the date of expiry of the relevant Fixed Term, in case of a Troni Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Troni Account up to the time of your request, respectively expiry of the relevant Fixed Term.
6. Troni reserves its right to grant preferential Interest or other terms to certain Clients as part of marketing campaigns or otherwise, upon its sole and absolute discretion.
VI. TOPPING UP AND WITHDRAWAL OF DIGITAL ASSETS
1.
You may top up Digital Assets into the Troni Account at any time in accordance with Section V of the Troni Wallet Services General Terms and Conditions, while the minimum amount of each Digital Asset required is indicated on the Troni Platform and subject to revision from time to time, at our sole and absolute discretion.
2. You may request for withdrawal of the Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the Digital Assets and of the Interest accrued thereon, in accordance with Art. VI.1 and VI.10:36 PM2 of the Troni Wallet Services General Terms and Conditions: (i) at any time, when using a Troni Earn Interest Product for a FLEX Term; or (ii) on the date of expiry of the relevant Fixed Term, when using a Troni Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal. The withdrawals within the limits specified on the Troni Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Troni within the terms under Art. VI.3 of the Troni Wallet Services General Terms and Conditions.
VII. OBLIGATIONS AND WARRANTIES
1.
You hereby declare, warrant and confirm that:
1.1. You meet the conditions under Art. III.1.;
1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;
1.3. The Digital Assets, which you have topped up or will top up into your Troni Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Troni Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
1.4. You have submitted to Troni only complete, correct and up-to-date information and documents;
1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Troni shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Troni Wallet Services, for which Troni shall not be held liable. You shall hold Troni harmless from any expenses and losses, resulting from the above uncertainty;
1.6. You are aware that you use the Troni Account, the Troni Platform and the Troni Earn Interest Product fully at your own risk.
2. You hereby undertake to:
2.1. Use the Troni Account, the Troni Platform, the Troni Earn Interest Product and the related Troni Wallet Services in good faith;
2.2. Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
2.4. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
2.5. Not interfere, intercept, or expropriate our network, system, data, or information;
2.6. Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems concerning the Troni Earn Interest Product and/or the related Troni Wallet Services;
2.7. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
2.8. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Troni Earn Interest Product and/or the related Troni Wallet Services;
2.9. Keep the data required for using the Troni Account unavailable for third parties;
2.10. Inform Troni about any change in the information and documents submitted to Troni, in particular in your contact details, within 1 (one) day as of the change.
2.11. Comply with other terms under Art. X.2 of the Troni Wallet Services General Terms and Conditions, as applicable.
VIII. RISK DISCLOSURE
1.
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time.10:36 PMWe are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Troni. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Troni Earn Interest Product, the related Troni Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Troni shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE TRONI EARN INTEREST PRODUCT IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
8. We may be forced to suspend, discontinue, or change aspects of the Troni Earn Interest Product or any of the related Troni Wallet Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Troni Account may be frozen for an indefinite period of time until the matter is resolved.
9. You understand and agree that you use the Troni Account and the Troni Earn Interest Product at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Troni Earn Interest Product and any of the related Troni Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. LIMITATION OF LIABILITY
1.
THE TRONI EARN INTEREST PRODUCT IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TRONI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE TRONI EARN INTEREST PRODUCT UNDER THESE GENERAL TERMS.TRONI LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY TRONI, AT OUR SOLE AND ABSOLUTE DISCRETION:
1.1. RE-SUPPLYING, REPLACING OR REPAIRING THE TRONI EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED; OR
1.2.10:36 PM PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE TRONI EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2.2. ARISING FROM OR IN CONNECTION WITH:
2.2.1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE TRONI PLATFORM OR THE TRONI EARN INTEREST PRODUCT;
2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
2.2.4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE TRONI PLATFORM OR THE TRONI EARN INTEREST PRODUCT;
2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE TRONI EARN INTEREST PRODUCT CONTRARY TO THESE GENERAL TERMS;
2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE TRONI EARN INTEREST PRODUCT, YOUR TRONI ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE TRONI EARN INTEREST PRODUCT AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO TRONI FOR YOUR USE OF THE TRONI EARN INTEREST PRODUCT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
X. DEFAULT. INDEMNIFICATION
1.
The occurrence of one of the following events constitutes an Event of Default:a) The Client breaches any of the Client’s obligations or warranties under these General Terms;b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;c) Troni is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Troni is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3.10:36 PM You shall defend, indemnify, and hold harmless Troni, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Troni Earn Interest Product in violation to these General Terms or any Applicable Law.
XI. TERMINATION
1.
This Agreement shall be terminated immediately by closing of your Troni Account, on the grounds of Art. X.2, Letter a) or otherwise, and discontinuing use of the Troni Earn Interest Product. The Agreement can be terminated upon written notice by Troni if Troni discontinues the offering of the Troni Earn Interest Product, regardless of the reasons.
2. In the event that your suspended or closed Troni Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if any, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XII. NOTICES
1.
Any notice required or made under these General Terms from Troni to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Troni Platform.
2. Any notice required or made under these General Terms by the Client to Troni shall only be made via e-mail in English to support@troni.az.
XIII. GOVERNING LAW AND JURISDICTION
1.
The Agreement shall be governed exclusively by the substantive law of England and Wales.
2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Troni.
XIV. MISCELLANEOUS
1.
The Intellectual Property remains an exclusive property of Troni and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
2. This Agreement, together with the Troni Wallet Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Troni in relation to the use of the Troni Earn Interest Product. It supersedes all prior representations, understandings, agreements, or communications between you and Troni, whether written or verbal, including any statements published in the whitepaper on the Troni Platform.
3. You understand and agree that we might convert any Digital Assets in regard to which you use the Troni Earn Interest Product into other Digital Assets for investment purposes. Any such investment will be made in our name only and you will have no benefits and liabilities from it.
4. Troni shall reserve its right to amend or supplement these General Terms from time to time.10:36 PMAny such amendments or supplements shall become valid and in full force as of the date of their publishing on the Troni Platform unless otherwise indicated, while they shall not affect the current terms of your active Troni Earn Interest Products for a Fixed Term. You shall regularly check the Troni Platform to inform yourself about any such amendments or supplements. By continuing to use the Troni Earn Interest Product, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Troni Earn Interest Product immediately.
5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
7. The failure by Troni to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
8. Providing you with the Troni Earn Interest Product does not make Troni your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Troni Account other than those expressly specified hereunder.
9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Troni. Troni shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
10. Except for the legal entities belonging to the Troni group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
11. Any issues which are not settled hereby shall be governed by the Troni Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Troni Wallet Services General Terms and Conditions, these General Terms shall prevail.
12. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Earn Interest Product General Terms and Conditions

INTRODUCTION
These Troni Earn Interest Product General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Troni group of companies (“Troni” or “we”), while you and Troni are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the Troni Earn Interest Product, and constitute a legally binding agreement (“Agreement”) between the Parties.
II. DEFINITIONS
Unless stated otherwise, references shall be made to the Troni Wallet Services General Terms and Conditions. Аll the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Troni Wallet Services General Terms and Conditions.
III. CLIENT
1.
You can enter into this Agreement and use the Troni Earn Interest Product only if all of the conditions below are met:
1.1. You have opened a Troni Account, respectively have met the conditions under Art. IV.1, Items 1.1, 1.2, 1.4 - 1.8 of the Troni Wallet Services General Terms and Conditions;
1.2. You are not a citizen or resident of Bulgaria and Estonia, the State of New York (applicable only to the Troni Earn Interest Product where Interest is earned on USDx), and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Troni Earn Interest Product;
1.3. You have passed Advanced Verification on the Troni Platform (applicable only to the Troni Earn Interest Product where Interest is earned in TRONI Tokens).
2. By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Troni Earn Interest Product and/or the related Troni Wallet Services to you and close your Troni Account, and do not allow you to use the Troni Earn Interest Product and/or the related Troni Wallet Services.
3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Troni Earn Interest Product; (ii) change the conditions for entering into the Agreement or use of the Troni Earn Interest Product; (iii) suspend the provision of the Troni Earn Interest Product or of all or part of the related Troni Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Troni Earn Interest Product.
IV. SPECIFIC FEATURES OF THE TRONI EARN INTEREST PRODUCT
1.
The Troni Earn Interest Product allows you to earn Interest on certain Digital Assets topped up into the Savings Wallet of your Troni Account in accordance with Section V of the Troni Wallet Services General Terms and Conditions, or moved to the Credit Wallet of your Troni Account (applicable only to the TRONI Tokens). All such Digital Assets are indicated on the Troni Platform and in the Troni Account and are subject to revision from time to time, at our sole and absolute discretion. As a rule, Interest is earned on all Digital Assets falling within the above category unless used for other purposes on the Troni Platform.
2. You are allowed to have multiple active Troni Earn Interest Products, running simultaneously. Interest will be accrued separately on each Troni Earn Interest Product.
3. You may opt for a Troni Earn Interest Product for a flex term (“FLEX Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Troni Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Troni Platform and may be changed by Troni from time to time, at its sole and absolute discretion.
4.10:36 PM If you opt for a Troni Earn Interest Product for a Fixed Term, you cannot terminate the Agreement in the relevant part thereof governing your use of this Troni Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term.
5. The Troni Earn Interest Product for a Fixed Term may be automatically renewed, if you opt for this in your Troni Account, and each new Fixed Term will be governed by the terms applicable to the Troni Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Troni will consider your choice on the date of expiry of each Fixed Term.
V. INTEREST
1.
The Interest shall commence accruing on the Digital Assets at a certain rate, as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Troni Account (“Start Time”), and may be earned in the same Digital Assets as the ones on which it is accrued or in TRONI Tokens (applicable to Digital Assets different from TRONI Tokens), as per your choice on the Troni Platform. You may, at any time, switch from earning in-kind to earning in TRONI Tokens, if applicable, and vice versa. The Interest shall be compound when earned in-kind and simple when earned in TRONI Tokens.
2. The Interest shall be subject to revision from time to time, at our sole and absolute discretion. As a rule, in case you opt for earning in TRONI Tokens rather than earning in-kind, if applicable, higher Interest shall be accrued on your Digital Assets, consisting of the standard Interest applicable to the relevant Digital Assets and bonus Interest, as indicated on the Troni Platform. We will notify you of the new Interest on the Troni Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.
3. The Interest shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in TRONI Tokens, if applicable, for the purpose of determining the amount of the latter, the USD equivalent of the in-kind Interest on the relevant Digital Assets up to the above time is converted into TRONI Tokens.
4. The Interest for the Troni Earn Interest Product for a FLEX Term shall be credited to your Troni Account at a certain time on each calendar day, but no earlier than the Start Time. The Interest for the Troni Earn Interest Product for a Fixed Term shall be credited to your Troni Account on the date of expiry of the relevant Fixed Term. However, it shall be visible in your Troni Account for the duration of the latter.
5. The Interest shall be accrued on the Digital Assets until the date of your request for withdrawal under Art. VI.2, in case of a Troni Earn Interest Product for a FLEX Term, or until the date of expiry of the relevant Fixed Term, in case of a Troni Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Troni Account up to the time of your request, respectively expiry of the relevant Fixed Term.
6. Troni reserves its right to grant preferential Interest or other terms to certain Clients as part of marketing campaigns or otherwise, upon its sole and absolute discretion.
VI. TOPPING UP AND WITHDRAWAL OF DIGITAL ASSETS
1.
You may top up Digital Assets into the Troni Account at any time in accordance with Section V of the Troni Wallet Services General Terms and Conditions, while the minimum amount of each Digital Asset required is indicated on the Troni Platform and subject to revision from time to time, at our sole and absolute discretion.
2. You may request for withdrawal of the Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the Digital Assets and of the Interest accrued thereon, in accordance with Art. VI.1 and VI.10:36 PM2 of the Troni Wallet Services General Terms and Conditions: (i) at any time, when using a Troni Earn Interest Product for a FLEX Term; or (ii) on the date of expiry of the relevant Fixed Term, when using a Troni Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal. The withdrawals within the limits specified on the Troni Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Troni within the terms under Art. VI.3 of the Troni Wallet Services General Terms and Conditions.
VII. OBLIGATIONS AND WARRANTIES
1.
You hereby declare, warrant and confirm that:
1.1. You meet the conditions under Art. III.1.;
1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;
1.3. The Digital Assets, which you have topped up or will top up into your Troni Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Troni Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
1.4. You have submitted to Troni only complete, correct and up-to-date information and documents;
1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Troni shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Troni Wallet Services, for which Troni shall not be held liable. You shall hold Troni harmless from any expenses and losses, resulting from the above uncertainty;
1.6. You are aware that you use the Troni Account, the Troni Platform and the Troni Earn Interest Product fully at your own risk.
2. You hereby undertake to:
2.1. Use the Troni Account, the Troni Platform, the Troni Earn Interest Product and the related Troni Wallet Services in good faith;
2.2. Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
2.4. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
2.5. Not interfere, intercept, or expropriate our network, system, data, or information;
2.6. Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems concerning the Troni Earn Interest Product and/or the related Troni Wallet Services;
2.7. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
2.8. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Troni Earn Interest Product and/or the related Troni Wallet Services;
2.9. Keep the data required for using the Troni Account unavailable for third parties;
2.10. Inform Troni about any change in the information and documents submitted to Troni, in particular in your contact details, within 1 (one) day as of the change.
2.11. Comply with other terms under Art. X.2 of the Troni Wallet Services General Terms and Conditions, as applicable.
VIII. RISK DISCLOSURE
1.
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time.10:36 PMWe are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Troni. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Troni Earn Interest Product, the related Troni Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Troni shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE TRONI EARN INTEREST PRODUCT IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
8. We may be forced to suspend, discontinue, or change aspects of the Troni Earn Interest Product or any of the related Troni Wallet Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Troni Account may be frozen for an indefinite period of time until the matter is resolved.
9. You understand and agree that you use the Troni Account and the Troni Earn Interest Product at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Troni Earn Interest Product and any of the related Troni Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. LIMITATION OF LIABILITY
1.
THE TRONI EARN INTEREST PRODUCT IS PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TRONI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE TRONI EARN INTEREST PRODUCT UNDER THESE GENERAL TERMS.TRONI LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY TRONI, AT OUR SOLE AND ABSOLUTE DISCRETION:
1.1. RE-SUPPLYING, REPLACING OR REPAIRING THE TRONI EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED; OR
1.2.10:36 PM PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE TRONI EARN INTEREST PRODUCT IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2.2. ARISING FROM OR IN CONNECTION WITH:
2.2.1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE TRONI PLATFORM OR THE TRONI EARN INTEREST PRODUCT;
2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
2.2.4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE TRONI PLATFORM OR THE TRONI EARN INTEREST PRODUCT;
2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE TRONI EARN INTEREST PRODUCT CONTRARY TO THESE GENERAL TERMS;
2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE TRONI EARN INTEREST PRODUCT, YOUR TRONI ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE TRONI EARN INTEREST PRODUCT AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO TRONI FOR YOUR USE OF THE TRONI EARN INTEREST PRODUCT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
X. DEFAULT. INDEMNIFICATION
1.
The occurrence of one of the following events constitutes an Event of Default:a) The Client breaches any of the Client’s obligations or warranties under these General Terms;b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;c) Troni is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Troni is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3.10:36 PM You shall defend, indemnify, and hold harmless Troni, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Troni Earn Interest Product in violation to these General Terms or any Applicable Law.
XI. TERMINATION
1.
This Agreement shall be terminated immediately by closing of your Troni Account, on the grounds of Art. X.2, Letter a) or otherwise, and discontinuing use of the Troni Earn Interest Product. The Agreement can be terminated upon written notice by Troni if Troni discontinues the offering of the Troni Earn Interest Product, regardless of the reasons.
2. In the event that your suspended or closed Troni Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if any, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XII. NOTICES
1.
Any notice required or made under these General Terms from Troni to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Troni Platform.
2. Any notice required or made under these General Terms by the Client to Troni shall only be made via e-mail in English to support@troni.az.
XIII. GOVERNING LAW AND JURISDICTION
1.
The Agreement shall be governed exclusively by the substantive law of England and Wales.
2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Troni.
XIV. MISCELLANEOUS
1.
The Intellectual Property remains an exclusive property of Troni and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
2. This Agreement, together with the Troni Wallet Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Troni in relation to the use of the Troni Earn Interest Product. It supersedes all prior representations, understandings, agreements, or communications between you and Troni, whether written or verbal, including any statements published in the whitepaper on the Troni Platform.
3. You understand and agree that we might convert any Digital Assets in regard to which you use the Troni Earn Interest Product into other Digital Assets for investment purposes. Any such investment will be made in our name only and you will have no benefits and liabilities from it.
4. Troni shall reserve its right to amend or supplement these General Terms from time to time.10:36 PMAny such amendments or supplements shall become valid and in full force as of the date of their publishing on the Troni Platform unless otherwise indicated, while they shall not affect the current terms of your active Troni Earn Interest Products for a Fixed Term. You shall regularly check the Troni Platform to inform yourself about any such amendments or supplements. By continuing to use the Troni Earn Interest Product, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Troni Earn Interest Product immediately.
5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
7. The failure by Troni to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
8. Providing you with the Troni Earn Interest Product does not make Troni your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Troni Account other than those expressly specified hereunder.
9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Troni. Troni shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
10. Except for the legal entities belonging to the Troni group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
11. Any issues which are not settled hereby shall be governed by the Troni Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Troni Wallet Services General Terms and Conditions, these General Terms shall prevail.
12. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
Terms of Services

1. Introduction.
These Terms And Conditions (these “Terms” or these “Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms And Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions.This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Troni and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions.
You are expressly and emphatically restricted from all of the following:1. selling, sublicensing and/or otherwise commercializing any Website material;2. using this Website in any way that is, or may be, damaging to this Website;3. using this Website in any way that impacts user access to this Website;4. using this Website contrary to applicable laws and regulations, or in a way that causes;5. may cause, harm to the Website, or to any person or business entity;6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;Certain areas of this Website are restricted from access by you and Troni may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Troni a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.Your Content must be your own and must not be infringing on any third party’s rights. Troni reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties.
This Website is provided “as is,” with all faults, and Troni makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall Troni, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Troni, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification.
You hereby indemnify to the fullest extent Troni from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Consent to communication:
You grant your explicit consent to Troni’s use of your mobile phone number for the purpose of provision of any information and sending of any messages and notifications in regard to our contractual relations, including for marketing purposes.
9. Severability.
11:22 PMIf any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms.
Troni is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all Terms And Conditions governing use of this Website.
11. Assignment.
Troni shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Troni and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the Website Owner’s jurisdiction, and you submit to the non-exclusive jurisdiction of the Website Owner’s jurisdiction for the resolution of any disputes.These Terms And Conditions (these “Terms” or these “Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms And Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms And Conditions.This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Wallet Services General Terms and Conditions

I. INTRODUCTION
These Troni Wallet Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Troni group of companies (“Troni” or “we”), while you and Troni are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the services provided by Troni, and constitute a legally binding agreement (“Agreement”) between the Parties.You shall take your time and carefully read these General Terms before using the services provided by Troni, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with Troni.
II. DEFINITIONS
1. Applicable Law
means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XVIII of these General Terms and/or any provision of the general terms and conditions of the relevant Troni Wallet Service.
2. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).
3. Credit Wallet means a digital wallet in the Client’s Troni Account comprising all the Digital Assets of this Client used or intended to be used as collateral of Troni Crypto Credits.
4. Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets, including TRONI Tokens), accepted by Troni.
5. EURx/GBPx/USDx means a EUR/GBP/USD stablecoin, asset-backed by Troni, with a guaranteed 1-to-1 conversion to EUR/GBP/USD at all times.
6. Fork means a software change to the underlying protocols of the Digital Assets’ networks.
7. Intellectual Property means any intellectual and industrial property rights, belonging to Troni, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
8. Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant Troni Wallet Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.
9. Troni Account means a personal or business account, opened with Troni, through which you can use the Troni Wallet Services.
10. Troni Card means a virtual or physical card issued under the brand name of Troni, which can be used in certain jurisdictions, as the case may be, in relation to Troni Wallet Services.
11. Troni Crypto Credit means any Digital Assets credit facility granted by Troni and the total amount of the credit due by the Client to Troni, at any time until its full repayment, including the principal, the Interest and any fees due to Troni in accordance with the relevant general terms and conditions.
12. Troni Earn Interest Product means a product offered by Troni, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.
13. Troni Exchange Service means the execution by Troni of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Savings or Credit Wallets of the Clients’ Troni Accounts, as the case may be, in accordance with the relevant general terms and conditions, as well as the related Troni Wallet Services offered by Troni through the Troni Platform.
14. Troni Loyalty Program means a program offered by Troni, providing the Clients with preferential terms depending on the ratio of TRONI Tokens in their Troni Accounts to the Portfolio Balance, as indicated on the Troni Platform.
15.11:20 PMTroni Platform means any Troni website, mobile application and any other official Troni communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
16. TRONI Token means a native utility Digital Asset of Troni, allowing you to use a wide variety of additional features of the Troni Wallet Services and/or be granted preferential Interest or other terms by Troni.
17. Troni Wallet Services means all services provided by Troni through the Troni Platform.
18. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Troni Wallet Services, and compliance with regulatory requirements.
19. Portfolio Balance means the total amount of all the Digital Assets in the Client’s Troni Account.
20. Savings Wallet means a digital wallet in the Client’s Troni Account comprising all the Digital Assets of the Client, excluding the ones moved to the Credit Wallet for the purpose of Troni Crypto Credits collateralisation.
21. Transaction History means the history of your transactions and all the details about the Digital Assets in your Troni Account.
III. TRONI WALLET SERVICES
1.
The Troni Wallet Services comprise of:
1.1 Digital Asset wallet wherein all the Digital Assets approved by Troni can be stored by you (“Digital Asset Wallet”);
1.2. Troni Exchange Service;
1.3. Transfer of Digital Assets from one Troni Account to another, or to an external recipient (“Troni Transfer Service”);
1.4. Troni Crypto Credit;
1.5. Troni Earn Interest Product;
1.6. Any incentive program offered by Troni that may be launched via the Troni Platform or accessed through your Troni Account, such as the Troni Loyalty Program;
1.7. Any other product or service that may be launched via the Troni Platform or accessed through your Troni Account.
2. The access to your Troni Account will allow you to: (i) request a Troni Wallet Service; (ii) view your balance and Transaction History; (iii) top up and withdraw Digital Assets; (iv) perform other actions in relation to the above.
IV. ONBOARDING1. By opening your Troni Account and/or using the Troni Wallet Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you аcknowledge and confirm that:
1.1. You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.;
1.2. You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List;
1.3. You are not a citizen or resident of Bulgaria and Estonia and do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Troni Wallet Services;
1.4. You are at least 18 years old or of legal age to enter into contractual relations with Troni (whichever is later);
1.5. You are the exclusive beneficial and/or legal owner of any Digital Assets topped up or to be topped up into your Troni Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply;
1.6. You are the beneficial owner of your Troni Account and do not act on behalf of or represent any other natural person or legal entity;
1.7. You comply with all Applicable Law requirements, relevant to you and to your use of the Troni Wallet Services, such as tax, exchange control and registration ones;
1.8. You have read, understood and agreed to our Privacy Policy and Cookies Policy.
2. You are not entitled to: (i) open more than one Troni Account; (ii) open a new Troni Account if we have previously suspended, limited or terminated your Troni Account.
3.11:20 PM When you ask Troni to open your Troni Account, you shall provide Troni with all the information and/or documents, as may be requested by Troni or any third party acting on its behalf, so Troni can verify your identity and validate your funding sources and transactions. Troni or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize Troni to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.
4. We can refuse to open your Troni Account and grant you access to the Troni Wallet Services or any of them.
5. You hereby represent and warrant that all the information you provide Troni with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify Troni and send Troni accurate information without any delay.
6. If at any point Troni needs to verify that the information it has about you is complete, accurate and up-to-date, Troni will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Troni with up-to-date information, Troni will not be able to provide you with the Troni Wallet Services and will not be responsible for any losses you incur as a result thereof.
7. You hereby undertake to оbtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Troni Wallet Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to and use of the Troni Wallet Services through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify Troni of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.
V. TOPPING-UP OF DIGITAL ASSETS
1.
You can top up Digital Assets into your Troni Account at any time by effecting a Digital Assets transfer from your personal wallet to your Digital Asset Wallet, while specific requirements for a minimum amount of each Digital Asset may apply from time to time, as indicated оn the Troni Platform. You can subsequently use the Digital Assets in your Troni Account for earning Interest thereon in accordance with the Troni Earn Interest Product or for securing your Troni Crypto Credit, as well as for any other Troni Wallet Service in accordance with these General Terms and the specific terms and conditions of the relevant Troni Wallet Service, if any.
2. You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet; (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved by Troni, as indicated on the Troni Platform. If you transfer Digital Assets to an incorrect address or if the Digital Assets transferred are not approved by Troni, as indicated on the Troni Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.
3. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.
4. We reserve the right to reject any transfer to your Digital Asset Wallet, in which case we will transfer back the same amount of the relevant Digital Asset to the wallet from which it has been sent.
5.11:20 PM If you do not have the Digital Assets needed for your purpose, you can initiate the purchase of Digital Assets by transferring their price to a designated Troni bank account and instruct Troni to proceed with the relevant purchase transaction. All fees and charges for the bank transfer under the preceding sentence, if any, shall be at your expense. Once purchased, the relevant Digital Assets are topped up into the Digital Asset Wallet in your Troni Account and can be used for the purposes under Art. V.1. The purchase transactions are irreversible and final once you have provided the relevant instructions and/or payments to Troni, and you may not change, withdraw or cancel the authorization to Troni to complete any pending or partially completed transactions. Troni shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Troni always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
VI. WITHDRAWAL
1.
Subject to the specific terms of the Troni Crypto Credit General Terms and Conditions or the Troni Earn Interest Product General Terms and Conditions, if any, you may request for: (i) withdrawal of all or part of the Digital Assets other than those used as collateral of a Troni Crypto Credit to your personal wallet, together with the Interest accrued thereon, the latter as applicable to the Troni Earn Interest Product only; (ii) withdrawal of the fiat equivalence of the Digital Assets together with the Interest accrued thereon, as applicable to the Troni Earn Interest Product, or the fiat equivalence of the Digital Assets, as applicable to the Troni Crypto Credit, by instructing Troni to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you.
2. All fees and charges for the bank transfer under Art. VI.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to Troni, and you cannot change, withdraw or cancel the authorization to Troni to complete any pending or partially completed transactions. Troni shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURx/GBPx/USDx which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Troni always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
3. The withdrawals within the limits specified on the Troni Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Troni no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your Troni Account, as well as of delays due to technical reasons, the processing may take a longer period of time. However, Troni devotes significant efforts to ensure that any withdrawal falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your request.
VII. DIGITAL ASSETS TRANSFERS
1.
You may transfer any Digital Asset other than the one used as collateral of a Troni Crypto Credit from your Digital Asset Wallet to a specified wallet of a third party.
2. We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to Troni.11:20 PMThe Digital Asset Transfer cannot be cancelled or reversed once processed by Troni. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Troni and that any errors may result in the irreversible loss of your Digital Asset.
3. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Troni to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset Transfer will be rejected by Troni. By instructing Troni to effect the Digital Asset Transfer, you authorize Troni to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset Transfer.
4. 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 to or from 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 a third party, you shall resolve the dispute directly with that third party.
VIII. RISK DISCLOSURE
1.
Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Troni. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Troni Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
6. Keep in mind that we do not provide investment advice and the information coming from Troni shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE TRONI WALLET SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE TRONI WALLET SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
8. You understand and agree that you use the Troni Account and the Troni Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Troni Wallet Services.11:20 PMYou shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
IX. FORKS
1.
It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset's network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.
2. Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.
X. OBLIGATIONS AND WARRANTIES
1.
You hereby declare, warrant and confirm that:
1.1. You meet the conditions under Section IV;
1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;
1.3. The Digital Assets, which you have topped up or will top up in your Troni Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Troni Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
1.4. You have submitted to Troni only complete, correct and up-to-date information and documents;
1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Troni shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Troni Wallet Services, for which Troni shall not be held liable. You shall hold Troni harmless from any expenses and losses, resulting from the above uncertainty;
1.6. You are aware that you use the Troni Account, the Troni Platform and the Troni Wallet Services fully at your own risk.
2. You hereby undertake to:
2.1. Use the Troni Account, the Troni Platform and the Troni Wallet Services in good faith;
2.2. Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
2.4. Not use the Troni Account, the Troni Platform and the Troni Wallet Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters;
2.5. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
2.6. Not interfere, intercept, or expropriate our network, system, data, or information;
2.7. Not transmit or upload any virus or other malicious software or program or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Troni Wallet Services;
2.8. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
2.9. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Troni Wallet Services;
2.10.11:20 PM Not use the Troni Platform in a way that could damage, disable, impair or compromise the Troni Platform or the provision of the Troni Wallet Services, or interfere with other users, or affect the reputation of Troni. You undertake not to gain or attempt to gain unauthorized access to the Troni Account or the Digital Asset Wallets of other users;
2.11. Not take any action that imposes an unreasonable or disproportionately large burden or load on the Troni infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Troni Wallet Services;
2.12. Keep the data required for using the Troni Account unavailable for third parties;
2.13. Inform Troni about any change in the information and documents submitted to Troni, in particular in your contact details, within 1 (one) day as of the change.
XI. TRONI LOYALTY PROGRAM
1.
The Troni Loyalty Program is applicable to all Troni Wallet Services or part of them, as indicated on the Troni Platform.
2. The loyalty levels and the Interest applicable thereto, as indicated on the Troni Platform, depend on the ratio of TRONI Tokens in the relevant Troni Account to the Portfolio Balance, and the type of Troni Wallet Service used by the Client, respectively Digital Asset.
3. The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of accrual of the Interest for each Troni Wallet Service, as specified in the general terms and conditions of the latter.
4. The participation in the Troni Loyalty Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.
5. Troni reserves its right to allow the use of additional features of the Troni Wallet Services and/or grant preferential Interest or other terms, apart from the Troni Loyalty Program, at any time, as part of marketing campaigns or otherwise, at its sole and absolute discretion, regardless of whether they are related to the availability of TRONI Tokens in the Clients’ Troni Accounts. Such can be applicable together with the Troni Loyalty Program or on a separate basis.
XII. REFUSAL TO PROVIDE TRONI WALLET SERVICES. LIMITATION, SUSPENSION OR TERMINATION OF THE TRONI WALLET SERVICES. CLOSURE OF ACCOUNTS.
1.
Troni reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the Troni Wallet Services, including for purposes of compliance with any Applicable Law.
2. The topping-up of Digital Assets into your Digital Asset Wallet may be subject to certain limits imposed by Troni (as may be amended from time to time at Troni sole and absolute discretion).
3.11:20 PM Troni may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the Troni Wallet Services, or your access to your Troni Account (including freezing or closing your Troni Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon Troni’s suspicion that a transaction or your use of the Troni Wallet Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Troni Account has been compromised; (d) your Troni Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the Troni Wallet Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a Troni Account or use of the Troni Wallet Services. In the above cases the Digital Assets in your Troni Account may be frozen for an indefinite period of time until the matter is resolved.
4. Troni may, at any time and without liability: (a) update or change any features, components or content of the Troni Wallet Services. We do not guarantee that any such specific content, component or feature will always be available to you; or (b) cancel or change any pay-out for any incentive programs.
5. If we decide to undertake any of the actions under Art. XII.3 and XII.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.
6. Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XII.3 and XII.4 and you will not be released from any liability having arisen prior to such.
7. Troni shall not owe you any payment, compensation or damages in relation to any suspension, limitation, reversal or termination of your use of the Troni Wallet Services, regardless of the reason therefor.
8. Our rights for suspension, limitation, reversal and termination under this Section XII shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).
9. You may suspend or terminate your access to and use of any of the Troni Wallet Services or close your Troni Account. In order to do so, you shall submit a request to Troni in a form and together with the relevant supporting documents and information, as may be required by Troni. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closure, in particular all your debts to Troni shall have been settled prior thereto.
10. If you have a remaining balance in your Troni Account, which has been suspended or closed, you are entitled to recover such Digital Assets unless we are prohibited by any Applicable Law or a court order to release them, or where we have reasonable grounds to suspect that such Digital Assets have been obtained through any unlawful means.
XIII. PERSONAL DATA
1.
We can only provide the Troni Wallet Services once we have collected your Personal Data.
2.11:20 PM By using the Troni Wallet Services, you give Troni your consent to gather, process and store your Personal Data for the purpose of providing you with the Troni Wallet Services, and declare, acknowledge and confirm that you have read our Privacy Policy and Cookies Policy and agree thereto.
3. We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.
4. You can withdraw your consent by closing your Troni Account. If you do this, we will stop using your Personal Data for the purposes under Art. XIII.2, but we may need to keep your Personal Data when required by any Applicable Law.
XIV. LIMITATION OF LIABILITY
1.
АLL THE TRONI WALLET SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. TRONI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE TRONI WALLET SERVICES UNDER THESE GENERAL TERMS.TRONI LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY TRONI, AT OUR SOLE AND ABSOLUTE DISCRETION:
1.1. RE-SUPPLYING, REPLACING OR REPAIRING THE TRONI WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
1.2. PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE TRONI WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
2. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
2.2. ARISING FROM OR IN CONNECTION WITH:
2.2.1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE TRONI PLATFORM OR THE TRONI WALLET SERVICES;
2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
2.2.4. DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE TRONI PLATFORM OR THE TRONI WALLET SERVICES;
2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE TRONI WALLET SERVICES CONTRARY TO THESE GENERAL TERMS;
2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT TRONI WALLET SERVICE, YOUR TRONI ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
3. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
4.11:20 PM IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE TRONI WALLET SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO TRONI FOR YOUR USE OF THE RELEVANT TRONI WALLET SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).6. NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
XV. DEFAULT. INDEMNIFICATION
1.
The occurrence of one of the following events constitutes an Event of Default:
a) The Client breaches any of the Client’s obligations or warranties under these General Terms;
b) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;
c) Troni is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
2. In case of an Event of Default, Troni is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
3. You shall defend, indemnify, and hold harmless Troni, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Troni Wallet Services in violation to these General Terms or any Applicable Law.
XVI. TERMINATION
1.
Тhis Agreement shall be terminated immediately by closing your Troni Account, on the grounds of Art. XV.2, Letter a) or otherwise, and discontinuing use of the Troni Wallet Services. The Agreement can be terminated upon written notice by Troni if Troni discontinues the offering of the Troni Wallet Services, regardless of the reasons.
2. In the event that your suspended or closed Troni Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
XVII. NOTICES. ELECTRONIC COMMUNICATIONS
1.
Any notice required or made under these General Terms from Troni to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Troni Platform.
2. Any notice required or made under these General Terms by the Client to Troni shall only be made via e-mail in English to support@troni.az.
3. Your feedback, questions or complaints may be referred to Troni via e-mail in English to support@troni.az, or through other communication channels indicated by Troni from time to time on the Troni Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Troni up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.
4.11:20 PM You shall be fully responsible for the security and authenticity of all instructions sent through the Troni Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your Troni Account are coming from you and we shall not be obliged to verify this.
5. You accept the risk that your instructions and information may not be protected against unauthorized access when given through the Troni Platform, as being transmitted via the Internet.
6. Any instructions sent to Troni shall only be deemed received by Troni when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.
7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Troni Platform and the Troni Wallet Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.
8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Troni Platform and the Troni Wallet Services, our records of all matters related to your use of the Troni Platform and the Troni Wallet Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
XVIII. GOVERNING LAW AND JURISDICTION
1.
The Agreement shall be governed exclusively by the substantive law of England and Wales.
2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Troni.
XIX. MISCELLANEOUS
1.
Your use of the Troni Wallet Services may be subject to certain fees, as indicated on the Troni Platform, which are always exclusive of any taxes and may be debited from your Troni Account, if applicable. Such fees may be changed at any time, at Troni sole and absolute discretion.
2. The Intellectual Property remains an exclusive property of Troni and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
3. This Agreement, together with the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Troni in relation to the use of the Troni Wallet Services. It supersedes all prior representations, understandings, agreements, or communications between you and Troni, whether written or verbal, including any statements published in the whitepaper on the Troni Platform.
4. Troni shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Troni Platform unless otherwise indicated. You shall regularly check the Troni Platform to inform yourself about any such amendments or supplements.11:20 PMWe may also, at any time, change, add or remove any feature or functionality of the Troni Platform without prior notice. By continuing to use the Troni Platform and/or the Troni Wallet Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed Troni Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Troni Platform and/or the Troni Wallet Services immediately.
5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
7. The failure by Troni to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
8. Providing you with the Troni Wallet Services does not make Troni your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Troni Account other than those expressly specified hereunder.
9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Troni. Troni shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
10. Except for the legal entities belonging to the Troni group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.