Secure Ethereum — Terms & Conditions

Last Updated: 27 September 2024

Effective Date: 10 October 2024

These Terms and Conditions represent a formal, legally enforceable contract between you (referred to as “you” or “your”) and Secure Ethereum (also referred to as “Secure Ethereum”, “we”, “our”, or “us”). This agreement outlines the rules governing your utilization of the Secure Ethereum Services, which are accessible to you via the Platform or other means. The Services may be delivered by Secure Ethereum or, where indicated in these Terms, any associated Product Terms, or additional stipulations, by a Secure Ethereum Affiliate.

By creating a Secure Ethereum Account, entering the Platform, or using the Secure Ethereum Services, you confirm that you have thoroughly read, comprehended, and consented to these Terms, along with any supplementary documents or conditions mentioned herein. You recognize and accept that you are obligated to abide by these Terms, which may be revised and modified periodically.

Should you not fully understand and agree to these Terms, you are advised against creating a Secure Ethereum Account or utilizing the Platform or any Secure Ethereum Service.

RISK DISCLOSURE

Similar to any other asset, the valuation of Digital Assets is subject to considerable fluctuation, and there exists a substantial risk of financial loss when purchasing, selling, possessing, or investing in Digital Assets. It is therefore imperative that you evaluate whether the trading or holding of Digital Assets is appropriate for you, considering your financial position.

Additional details regarding the risks tied to the use of Secure Ethereum Services are available in our Risk Warning, which may be periodically updated. It is crucial that you review the Risk Warning in its entirety; however, it does not cover all potential risks or how such risks may pertain to your individual circumstances.

It is vital that you have a complete understanding of the risks involved before you decide to engage with the Secure Ethereum Services.

We do not function as your broker, intermediary, agent, or advisor, and we bear no fiduciary responsibility or duty to you in relation to any Transactions or other actions you perform while

using the Secure Ethereum Services. We do not offer any form of investment or consulting advice, and no information or communication we provide should be interpreted as such.

It is your sole responsibility to ascertain whether any investment, investment strategy, or associated transaction is suitable for you based on your personal investment goals, financial status, and tolerance for risk. You are also accountable for any resulting loss or liability. We do not endorse the purchase, earning, sale, or holding of any Digital Asset. Before you decide to buy, sell, or hold any Digital Asset, you should perform your own due diligence and seek advice from a financial advisor. We are not liable for any decisions you make to purchase, earn, sell, or hold Digital Assets based on the information we provide, including any losses you may sustain from those decisions.

INFORMATION REGARDING OUR AGREEMENT WITH YOU

Introduction

Our Identity. The Secure Ethereum group constitutes an ecosystem centered on an online exchange for the trading of Digital Assets. The Secure Ethereum group offers users a trading platform for buying and selling Digital Assets, an integrated custody solution for storing their Digital Assets, and other services related to Digital Assets.

These Conditions. By applying to establish a Secure Ethereum Account, you are entering into a legally binding contract with us. These Conditions will regulate your use of the Secure Ethereum Services and will inform you about our identity, how we will deliver the Secure Ethereum Services to you, how these Conditions may be altered or concluded, what actions to take if an issue arises, and other significant information.

You are required to carefully read these Conditions, along with the documents they reference, and to inform us if there is anything you do not comprehend.

Should any Local Conditions apply to your use of the Secure Ethereum Services, those Local Conditions will have priority over these Conditions.

Supplementary Documents. These Conditions allude to several other documents that also pertain to your use of the Secure Ethereum Services. These include:

Our Privacy Notice, which details the conditions under which we handle any personal data we gather about you or that you furnish to us. By utilizing the Secure Ethereum Services, you comprehend and consent to this handling and affirm that all data you provide is precise and current.

Our Risk Warning, which outlines crucial information regarding the risks that may emerge when purchasing, selling, possessing, or investing in Digital Assets.

The Fee Structure page on our Website.

Product Conditions, which specify supplementary terms and conditions that will govern your use of particular Secure Ethereum Services.

You acknowledge that you will be bound by, and consent to comply with, any pertinent supplementary terms and conditions that are applicable to your use of the Secure Ethereum Services.

Eligibility

Qualification Standards. To be qualified to apply for a Secure Ethereum Account and utilize the Secure Ethereum Services, you must:

be an individual, corporation, legal entity, or other organization with the complete authority, power, and capacity to (1) access and use the Secure Ethereum Services; and (2) enter into and adhere to your responsibilities under these Conditions;

if you are an individual, be a minimum of 18 years of age;

if you are acting as an employee or agent of a legal entity and are accepting these Conditions on their behalf, you must be properly authorized to act on behalf of and legally bind that entity for the purpose of accepting these Conditions;

not have been previously barred or removed from using Secure Ethereum Services; not be a Restricted Individual;

not presently possess an existing Secure Ethereum Account; and

not be situated, incorporated, or otherwise established in, a citizen of, or a resident of, or conduct business operations in:

a jurisdiction where it would be unlawful under Applicable Law for you to access or use the Secure Ethereum Services, or to cause us or any third party to violate any Applicable Law; or

a nation included in our List of Prohibited Countries.

Modification of Our Qualification Standards. We reserve the right to alter our qualification standards at any time at our sole discretion. When feasible, we will provide you with a minimum of fourteen (14) calendar days’ notice before the change takes effect. However, there may be occasions when we must implement changes without prior notification. This may occur when:

we are implementing the change as a consequence of legal and/or regulatory modifications; the alterations being made are to your benefit; and/or

there is another valid reason that prevents us from providing you with advance notice.

When we are unable to provide you with advance notice, we will inform you of the change as soon as possible after it has been implemented.

How We Communicate with Each Other

How to Reach Us. For additional information about Secure Ethereum, you may consult the information available on our Website. If you have inquiries, feedback, or complaints, you can reach us through our Customer Support team at These Conditions may provide specific contact information for particular notices. This address is not monitored for such notices.

How We Will Reach You. We will get in touch with you using the contact information you have supplied to us. This may involve communication by email, SMS, or telephone. It is crucial that you ensure your contact information is accurate and current. If your contact information changes, you must inform us without delay. If you fail to do so, we will not be held accountable if you do not receive information, notices, or other important communications from us.

Secure Ethereum Services

Particular Product Conditions. Upon opening a Secure Ethereum Account, you will have the ability to use the Secure Ethereum Services in compliance with these Conditions and the Product Conditions that regulate your use of each particular Secure Ethereum Service.

Intra-group Services. You recognize and consent that some of the Secure Ethereum Services may be delivered by Secure Ethereum Affiliates.

Chat Service

Accessibility of Chat Service. We may offer our interactive online chat service to you (“Chat Service”) at any time in relation to your use of any of the Secure Ethereum Services. By utilizing the Chat Service, you may engage with a bot, chatbot, or other non-human entity. We will reveal the use of a chatbot, or other non-human entity, as mandated by Applicable Law. When you interact with us through the Chat Service, you grant us permission to oversee and record your conversations.

Crucial Information. The Chat Service is offered as a convenience, frequently to aid your comprehension of the Secure Ethereum Services. Our Chat Service will make reasonable attempts to furnish you with precise and up-to-date information based on your inquiry or requirement. Nothing we convey in the Chat Service will be regarded as a legal contract, representation, or warranty concerning the Secure Ethereum Services, procedures, determinations, or response times. Any personal data you share with us while using the Chat Service will be governed by the relevant privacy-related policies and notices detailed in our Privacy Notice.

User Conversations. Furthermore, we may provide you with access to conversations that enable you to engage directly with other users of the Platform (“User Conversation”).

Forbidden Actions. You are prohibited from using the Chat Service or any User Conversation to transmit any abusive, defamatory, deceptive, or obscene messages, or any messages designed to manipulate a market or to disseminate false or deceptive information, or messages that are otherwise in violation of Applicable Laws. Engaging in such actions may lead to the termination of the Chat Service session and could result in limitations on your access to Secure Ethereum Services.

Fees

Payment of fees. You agree to pay all applicable fees in connection with your use of the Secure Ethereum Services as set out on the Fee Structure page on our Website, or otherwise communicated to you in any relevant Product Terms.

You authorise us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from your Secure Ethereum Account under these Terms or any Product Terms in accordance with the method of calculation set out on our Fee Structure page. If you owe us an amount in one Digital Asset and do not have sufficient assets in that Digital Asset, we may deduct the sums owed in another Digital Asset to effect payment (in which case we will convert the Digital Asset you hold into the Digital Asset in which the sums owed to us are denominated (or the Fiat Currency equivalent), at the rate currently offered on the Platform or at such other commercially reasonable rate as we may determine). In the event that there are insufficient Digital Assets in your Secure Ethereum Account, you acknowledge that any amount due and payable from you under this clause is a debt immediately due and owing by you to us in such amount and form (whether in the form of a Digital Asset or otherwise) as we may determine, acting in a commercially reasonable manner.

29.2

Gas Fee

All transactions conducted on the Secure Ethereum (gETH) platform are subject to a mandatory ERC20 gas fee of 17%. This fee is implemented as a standard measure across decentralized networks to ensure secure and efficient processing of all transactions. The gas fee serves as a validation mechanism within the Ethereum Mainnet, ensuring the integrity and reliability of your transaction.

Reimbursement Policy: The gas fee is fully reimbursable and is credited back to your account balance as part of our self-sustaining ecosystem. These fees enable the processing of thousands of transactions within our decentralized framework while maintaining anonymity and efficiency.

Non-Deductibility: Due to the decentralized nature of Secure Ethereum, the gas fee cannot be deducted directly from your gETH balance. It must be paid upfront to complete the transaction process securely.

Escrow Fee

In certain cases, an escrow fee may be applied to facilitate delayed or complex transactions. This fee is designed to cover the costs associated with secure escrow handling and to ensure the seamless completion of the transaction.

Application: The escrow fee is only applied under specific circumstances, such as network congestion, extended verification processes, or delayed payouts.

Reimbursement Policy: Similar to the gas fee, the escrow fee is fully reimbursable. It will be credited to your account balance once the transaction is successfully processed.

Transparency: All applicable escrow fees will be communicated clearly prior to payment, ensuring full transparency for our users.

29.3. Release. You hereby agree to release us from any and all claims and demands (and waive any rights you may have against us in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Secure Ethereum Services (including any Digital Asset Transactions) or the subject matter of these Terms.

Liability

30.1 Our Liability. Our liability, and the liability of the Secure Ethereum Affiliates, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms, and shall in no event exceed the amount of fees paid by you to Secure Ethereum in the 12 months preceding the event giving rise to the Loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any Secure Ethereum Affiliate’s entire liability for any and all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither Secure Ethereum or any Secure Ethereum Affiliate is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

Modification of Our Fees. We reserve the right to adjust our fees periodically in accordance with clause 18.3 of these Conditions.

INFORMATION CONCERNING YOUR Secure Ethereum ACCOUNT

Establishing a Secure Ethereum Account

Account Creation. You are required to establish and uphold a Secure Ethereum Account to gain access to the Secure Ethereum Services and the Platform. This may be a Secure Ethereum Account for an individual user, or a Corporate Secure Ethereum Account where the user is a corporation, entity, or other organization.

All Secure Ethereum Accounts are issued at our complete discretion. We hold the right to decline any application for a Secure Ethereum Account without providing a reason or to restrict the quantity of Secure Ethereum Accounts you may possess.

Exclusive Benefit. By establishing a Secure Ethereum Account, you consent that:

if you are an individual user, you will utilize your Secure Ethereum Account solely for your own purposes, and not for any third party, unless you have secured our prior written approval; and

if you are a corporate user, your Authorized Users will utilize the Corporate Secure Ethereum Account solely for your advantage, and not for any third party, unless our prior written approval has been secured.

You bear complete responsibility for all activities that take place under your Secure Ethereum Account.

Identity Confirmation. You will be required to adhere to our identity confirmation procedures before you are allowed to establish a Secure Ethereum Account and access and utilize the Secure Ethereum Services, by furnishing us with specific information about yourself and, where applicable, your Authorized Users. All information you provide must be comprehensive, precise, and truthful. You are obligated to update this information whenever it is altered.

You grant us the authority to conduct investigations, either directly or through third parties, that we deem essential to confirm your identity, and that of any Authorized Users, or to safeguard you and/or us against fraud, money laundering, terrorist financing, or other financial crimes, and to undertake any action we consider necessary based on the outcomes of such investigations.

When we perform investigations, you recognize and comprehend that your personal data, and that of any Authorized Users, may be shared with identity confirmation, compliance data recording, credit reference, fraud prevention, or financial crime agencies, and that these agencies may fully respond to our investigations.

You may consult our Privacy Notice for additional information on how we handle your personal data.

Heightened Due Diligence. We may also necessitate that you adhere to our heightened due diligence procedures by providing supplementary information about yourself, your enterprise, or your Authorized Users, furnishing extra records or documentation, or participating in face-to-face meetings with representatives of Secure Ethereum.

Documentation. We retain your personal data to facilitate your ongoing use of Secure Ethereum Services, for as long as it is necessary to achieve the pertinent objectives detailed in this Privacy Notice, and as may be mandated by law, such as for tax and accounting purposes, adherence to anti-money laundering laws, or as otherwise conveyed to you. We recommend you review our Privacy Notice for more information on how we gather and utilize your personal data in relation to the use and performance of our Sites and the Secure Ethereum Services.

Sub-Accounts. At our discretion, you may establish and access a Secure Ethereum Sub- Account. Every natural person linked to a Secure Ethereum Sub-Account is subject to the identity confirmation requirements specified in this clause 7. Only one natural person or corporate entity may be linked to a specific Secure Ethereum Sub-Account.

Requests for Information

When We May Solicit Information. We may solicit information from you at any time for the purpose of adhering to any Applicable Law, identity confirmation requirements, or in relation to the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other valid reason. You consent to furnish us with any such information we solicit and authorize us to maintain a record of the information for the duration of your Secure Ethereum Account as long as it is necessary to achieve their intended purposes, or for any other period as mandated by Applicable Law.

Consequences of Providing Information. Your access to your Secure Ethereum Account and the Transaction limits that are applicable to your use of the Secure Ethereum Services may be modified as a consequence of information gathered about you on an ongoing basis. If there is a reasonable suspicion that any information you have provided is incorrect, false, outdated, or incomplete, we may issue you a notice to request corrections, delete pertinent information, or perform other actions we deem necessary to ensure that the information you have provided is accurate and correct.

Failure to Provide Requested Information. You are required to comply with any information requests we make. Non-compliance may lead to the suspension or termination of

your Secure Ethereum Account, or other limitations on your use of the Secure Ethereum Services.

Digital Assets: Nature, Risks, and Operational Considerations

Understanding Digital Assets. Digital Assets encompass a broad category of digital representations of value or rights, secured by cryptography and managed through distributed ledger technologies, such as blockchain. This includes, but is not limited to, cryptocurrencies (e.g., Bitcoin, Ethereum), stablecoins (digital assets pegged to fiat currencies), non-fungible tokens (NFTs) representing unique digital or physical items, and tokenized derivatives. These assets are distinct from traditional financial instruments and are subject to a unique set of characteristics and risks.

Inherent Volatility and Market Risks. The value of Digital Assets is highly volatile and can experience rapid and significant fluctuations. This volatility is influenced by numerous factors, including market demand, regulatory developments, technological advancements, global economic conditions, and speculative trading. Unlike traditional currencies or assets, Digital Assets may not be backed by a government or physical commodity, making them susceptible to sudden and unpredictable price swings. Users must be prepared for the possibility of substantial financial losses, including the total loss of their invested capital. Market risks also include liquidity risk, where a user may not be able to sell their Digital Assets quickly enough to prevent losses, and slippage, where the execution price of an order differs from the quoted price due due to market movements.

Regulatory and Legal Risks. The regulatory landscape for Digital Assets is evolving rapidly and varies significantly across jurisdictions. New laws, regulations, or governmental actions may adversely affect the use, transfer, exchange, and value of Digital Assets. This includes potential bans, restrictions on trading, or changes in tax treatment. Users are solely responsible for understanding and complying with all applicable laws and regulations related to their Digital Asset activities in their respective jurisdictions. Failure to comply may result in severe penalties, including fines and imprisonment. Furthermore, the legal status of certain Digital Assets may be uncertain, which could impact their enforceability or recognition as property.

Cybersecurity and Technology Risks. Digital Assets are stored and transferred using complex technological systems, including blockchain networks and cryptographic protocols. These systems are susceptible to various cybersecurity threats, such as hacking, phishing, malware, and denial-of-service attacks. While Secure Ethereum employs robust security measures, no system is entirely immune to such threats. A successful cyberattack could lead to the unauthorized access, loss, or theft of Digital Assets. Users are also responsible for maintaining the security of their own devices, accounts, and credentials. The underlying

technology of Digital Assets, such as smart contracts, may also contain vulnerabilities or bugs that could lead to unintended outcomes or losses. Network congestion, forks, or other technical issues within the blockchain network can also impact transaction processing times and costs.

Operational Risks. Operational risks include potential failures in hardware, software, or human error that could disrupt the Secure Ethereum Services. This may lead to delays in transaction processing, inaccurate account balances, or temporary unavailability of services. While we strive for continuous operation and maintain disaster recovery plans, unforeseen circumstances can occur. Users acknowledge that such interruptions are possible and that Secure Ethereum will not be liable for losses arising from these operational failures, provided we have acted with reasonable care.

Custody Risks. When Digital Assets are held in custody by Secure Ethereum, users are exposed to risks associated with third-party custody. While we implement industry-leading security practices, including cold storage solutions and multi-signature authentication, the risk of loss due to security breaches, insolvency, or mismanagement by the custodian cannot be entirely eliminated. Users should understand that their Digital Assets may be commingled with those of other users, and in the event of a catastrophic loss, recovery may be complex or impossible. The legal framework for digital asset custody is still developing, which may affect the rights of users in a custodial arrangement.

Forks and Airdrops. Blockchain networks can undergo

‘forks,’ which are changes to the underlying protocol that can result in two or more versions of a Digital Asset. Secure Ethereum, at its sole discretion, will determine whether to support a Fork and which version of the Digital Asset will be considered the Dominant Digital Asset. We are not liable for any losses incurred due to a Fork, including but not limited to, the loss of value of a non-supported Digital Asset or the inability to access or trade such assets. Similarly, ‘airdrops’ are distributions of new Digital Assets to existing holders of another Digital Asset. Secure Ethereum is not obligated to support or facilitate any airdrops, and users should not expect to receive airdropped assets through their Secure Ethereum Account. Any decision to support an airdrop will be at our sole discretion and communicated accordingly.

Delisting of Digital Assets. Secure Ethereum reserves the right to delist any Digital Asset from the Platform at any time, for any reason, and without prior notice. Delisting may occur due to regulatory changes, low trading volume, security concerns, or other factors deemed relevant by Secure Ethereum. Upon delisting, users may be given a limited period to withdraw their delisted Digital Assets. Failure to withdraw within the specified timeframe may result in the conversion of such assets into another Digital Asset or fiat currency at our discretion, or their forfeiture. Secure Ethereum will not be responsible for any losses incurred as a result of a delisting, including but not limited to, the inability to trade the delisted asset or a decrease in its value.

Unclaimed Property and Dormant Accounts. If your Secure Ethereum Account remains inactive for an extended period, we may be legally obligated to report your Digital Assets as unclaimed property to the relevant governmental authority. This period varies by jurisdiction. If we are unable to locate you, we may be required to escheat your Digital Assets to the appropriate governmental authority in accordance with applicable unclaimed property laws. Furthermore, dormant accounts may be subject to a dormant account fee, as outlined in our Fee Structure. We reserve the right to close dormant accounts and escheat any remaining Digital Assets to the appropriate governmental authority. It is your responsibility to keep your contact information updated and to regularly access your account to prevent it from becoming dormant or subject to unclaimed property laws.

Trading on the Platform: Mechanisms and Considerations

Order Placement and Execution. The Secure Ethereum Platform facilitates the placement of orders for the purchase or sale of Digital Assets. All orders submitted by users are subject to our proprietary order matching rules and other specific terms and conditions governing trading activities. Users are responsible for ensuring the accuracy and completeness of their orders before submission. Secure Ethereum is not liable for any losses arising from errors or delays in order submission or execution. We reserve the right, at our sole discretion, to refuse to act on any order.

Types of Orders and Associated Risks. Secure Ethereum supports various order types to accommodate diverse trading strategies, including but not limited to: market orders, limit orders, and stop orders. Each order type carries distinct characteristics and inherent risks. A market order is executed immediately at the best available market price, offering speed but potentially incurring price slippage during volatile periods. A limit order allows users to buy or sell a Digital Asset at a specified price or better, providing price control but with no guarantee of execution. A stop order is an order to buy or sell a Digital Asset once its price reaches a specified stop price, which then becomes a market order (stop-market order) or a limit order (stop-limit order). Stop orders are useful for managing risk but can be subject to

significant price gaps during rapid market movements. Users are strongly advised to thoroughly understand the mechanics and risks associated with each order type before utilizing them. Secure Ethereum is not responsible for losses incurred due to the inherent risks of specific order types or market conditions.

Market Data and Information Accuracy. While Secure Ethereum endeavors to provide accurate and timely market data, including prices, trading volumes, and order book information, we do not guarantee the absolute accuracy, completeness, or reliability of such data. Market data is subject to rapid changes and may be delayed or contain errors. Users are responsible for verifying the accuracy of any information before relying on it for trading decisions. Secure Ethereum will not be liable for any losses arising from reliance on potentially inaccurate or incomplete market data.

Trading Hours and System Availability. The Secure Ethereum Platform operates on a 24/7 basis, subject to scheduled maintenance, unscheduled downtime, and force majeure events. While we strive for continuous availability, system interruptions may occur due to technical issues, network failures, or other unforeseen circumstances. Secure Ethereum reserves the right to suspend or cease trading activities at any time without prior notice. We will not be liable for any losses incurred due to system unavailability, trading halts, or delays in order processing.

Prohibited Trading Practices. Users are strictly prohibited from engaging in any trading practices that are manipulative, deceptive, or otherwise unlawful. This includes, but is not limited to, wash trading, spoofing, front-running, insider trading, and any other activities intended to artificially inflate or deflate prices, create a false appearance of trading activity, or defraud other users. Secure Ethereum employs sophisticated monitoring systems to detect and prevent such practices. Any user found to be engaging in prohibited trading practices will be subject to immediate account suspension or termination, forfeiture of assets, and reporting to relevant regulatory authorities. We reserve the right to take any action deemed necessary to maintain a fair and orderly market.

Deposits and Withdrawals: Procedures and Policies

Digital Asset Deposits. Users may deposit Digital Assets into their Secure Ethereum Account by following the procedures outlined on the Platform. Deposits are typically processed after a certain number of network confirmations, which vary depending on the Digital Asset and blockchain network congestion. Secure Ethereum may impose minimum or maximum deposit limits, which are subject to change without prior notice. Users are solely responsible for ensuring that the correct Digital Asset and network address are used for deposits. Any deposits made to an incorrect address or using an unsupported Digital Asset may result in the irreversible loss of funds, for which Secure Ethereum will not be liable.

Digital Asset Withdrawals. Users may withdraw Digital Assets from their Secure Ethereum Account by submitting a withdrawal request through the Platform. Withdrawals are subject to processing times, which may vary depending on network conditions, security reviews, and other factors. Secure Ethereum may impose minimum or maximum withdrawal limits and may charge withdrawal fees, as specified in the Fee Structure. All withdrawal requests are subject to our security protocols, including identity verification and anti-money laundering (AML) checks. We reserve the right to delay or refuse any withdrawal request if we suspect fraudulent activity, money laundering, or a violation of these Terms or applicable laws. Users are responsible for providing accurate withdrawal addresses. Any withdrawals made to an incorrect address may result in the irreversible loss of funds, for which Secure Ethereum will not be liable.

Fiat Currency Deposits and Withdrawals. Where supported, users may deposit and withdraw fiat currency to and from their Secure Ethereum Account through approved payment methods. Fiat currency transactions are subject to the terms and conditions of third-party payment processors, as well as applicable banking regulations. Processing times, limits, and fees for fiat transactions will be clearly communicated on the Platform. Secure Ethereum reserves the right to impose additional verification requirements for fiat transactions to comply with AML and Know Your Customer (KYC) regulations. We are not responsible for any delays or issues arising from the actions or policies of third-party payment processors.

Transaction Limits and Security Holds. Secure Ethereum may implement daily, weekly, or monthly transaction limits for both deposits and withdrawals to enhance security and comply with regulatory requirements. These limits may vary based on the user’s verification level and account history. In certain circumstances, Secure Ethereum may place a temporary security hold on deposits or withdrawals if suspicious activity is detected or if additional verification is required. Users will be notified of any such holds and the steps required to resolve them. We appreciate your cooperation in maintaining the security and integrity of the Platform.

Custody of Digital Assets: Security and Responsibilities

Secure Custody Practices. Secure Ethereum employs industry-leading security measures to protect the Digital Assets held in custody on behalf of its users. These measures include, but are not limited to, the use of cold storage solutions (offline storage of private keys), multi-signature authentication, hardware security modules (HSMs), and regular security audits. While we strive to maintain the highest level of security, no system is entirely impenetrable, and the risk of loss due to security breaches, technological failures, or other unforeseen events cannot be completely eliminated.

Commingling of Assets. Users acknowledge and agree that Digital Assets held in their Secure Ethereum Account may be commingled with the Digital Assets of other users. While records are maintained to clearly identify each user’s holdings, in the unlikely event of a catastrophic loss or insolvency, the recovery of individual assets may be complex and subject to legal processes. Secure Ethereum is not a bank or a financial institution, and Digital Assets held in custody are not insured by any governmental agency or deposit insurance scheme.

User Responsibilities for Account Security. Users bear primary responsibility for maintaining the security of their Secure Ethereum Account. This includes, but is not limited to, safeguarding their login credentials (username, password, two-factor authentication codes), promptly reporting any unauthorized access or suspicious activity, and using strong, unique passwords. Secure Ethereum will not be liable for any losses arising from unauthorized access to a user’s account due to the user’s failure to maintain adequate security measures.

Risks Associated with Custody. Despite our robust security measures, holding Digital Assets in custody carries inherent risks. These include, but are not limited to: (a) loss of Digital Assets due to security breaches, hacking incidents, or cyberattacks targeting Secure Ethereum’s systems; (b) loss of Digital Assets due to technical issues, software bugs, or hardware failures; (c) risks associated with regulatory changes that may impact the legality or operational aspects of Digital Asset custody; and (d) risks related to the insolvency or financial distress of Secure Ethereum. By using our custody services, you acknowledge and agree to assume all such risks.

Staking Services: Participation and Risks

Overview of Staking Services. Secure Ethereum may offer staking services for certain eligible Digital Assets. Staking involves locking up your Digital Assets to support the operations and security of a blockchain network that uses a Proof-of-Stake (PoS) consensus mechanism. In return for staking their assets, participants typically earn rewards in the form of newly minted tokens or transaction fees. The specific terms, conditions, and reward rates for staking services will be outlined in separate Product Terms or on the Platform.

Risks Associated with Staking. Participation in staking services carries several risks, including but not limited to: (a) Slashing Risk: This is the risk of losing a portion of your staked Digital Assets due to validator misbehavior, such as going offline, double-signing transactions, or violating network rules. Secure Ethereum will endeavor to minimize slashing risks through careful validator selection and operational best practices, but cannot guarantee their complete elimination. (b) Illiquidity Risk: Staked Digital Assets may be locked for a specific period and cannot be traded or withdrawn during this time, potentially limiting your ability to react to market fluctuations. (c) Network Performance Risk: Staking rewards are dependent on the performance and stability of the underlying blockchain network. Issues such

as network congestion, bugs, or attacks could reduce or eliminate expected rewards. (d) Price Volatility Risk: The value of the staked Digital Asset itself can fluctuate significantly, meaning that even if staking rewards are earned, the fiat value of your total holdings may decrease. (e) Smart Contract Risk: Staking often involves smart contracts, which may contain vulnerabilities or bugs that could lead to loss of funds. By utilizing our staking services, you acknowledge and agree to assume all such risks.

Reward Distribution. Staking rewards, if any, will be distributed to eligible users in accordance with the terms specified for each staking program. Reward rates are estimates and are not guaranteed, as they can fluctuate based on network conditions, validator performance, and other factors. Secure Ethereum reserves the right to modify reward distribution policies at its sole discretion.

Lending Services: Terms and Associated Risks

Overview of Lending Services. Secure Ethereum may offer lending services, allowing users to lend their Digital Assets to other users or to Secure Ethereum itself, in exchange for interest payments. The specific terms of each lending arrangement, including interest rates, loan duration, and collateral requirements, will be detailed in separate Product Terms or on the Platform. Participation in lending services is entirely voluntary.

Risks Associated with Lending. Lending Digital Assets carries significant risks, including but not limited to: (a) Borrower Default Risk: The risk that the borrower may fail to repay the lent Digital Assets or interest. While collateral may be required, its value can fluctuate, and it may not fully cover the outstanding loan amount in the event of liquidation. (b) Liquidation Risk: If the value of the collateral falls below a certain threshold, the collateral may be liquidated to cover the loan. This liquidation may occur at unfavorable market prices, leading to losses for the borrower and potentially impacting the lender if the collateral is insufficient. (c) Smart Contract Risk: Lending protocols often rely on smart contracts, which may contain vulnerabilities or bugs that could lead to loss of funds. (d) Market Volatility Risk: Fluctuations in the price of the lent Digital Asset can impact the real value of the interest earned and the principal returned. (e) Platform Risk: Risks associated with the Secure Ethereum platform itself, including operational failures or security breaches. By utilizing our lending services, you acknowledge and agree to assume all such risks.

Interest Payments and Repayment. Interest payments will be accrued and distributed to lenders as specified in the relevant Product Terms. Borrowers are responsible for timely repayment of the principal and interest. Secure Ethereum will facilitate the lending and

repayment process but does not guarantee the repayment of loans or the solvency of borrowers.

Borrowing Services: Terms and Associated Risks

Overview of Borrowing Services. Secure Ethereum may offer borrowing services, allowing users to borrow Digital Assets by providing collateral. The terms of each borrowing arrangement, including interest rates, collateral requirements, and liquidation thresholds, will be detailed in separate Product Terms or on the Platform. Borrowing Digital Assets involves leveraging your existing assets and should be approached with caution.

Risks Associated with Borrowing. Borrowing Digital Assets carries substantial risks, including but not limited to: (a) Liquidation Risk: If the value of your collateral falls below a predetermined liquidation threshold, your collateral may be automatically liquidated to repay the borrowed amount. This liquidation may occur rapidly and at unfavorable market prices, resulting in significant losses, potentially exceeding your initial collateral. (b) Interest Rate Risk: Interest rates for borrowed Digital Assets can fluctuate based on market demand and supply, potentially increasing your repayment obligations. (c) Market Volatility Risk: Rapid fluctuations in the price of both the borrowed Digital Asset and your collateral can exacerbate liquidation risks and increase the cost of borrowing. (d) Smart Contract Risk: Borrowing protocols often rely on smart contracts, which may contain vulnerabilities or bugs that could lead to loss of funds. By utilizing our borrowing services, you acknowledge and agree to assume all such risks.

Collateral and Repayment. Borrowers are required to provide sufficient collateral to secure their loans. The collateral requirements and liquidation thresholds will be clearly communicated. It is the borrower’s responsibility to monitor the value of their collateral and to add additional collateral if necessary to avoid liquidation. Repayment of borrowed Digital Assets, along with accrued interest, must be made in accordance with the terms of the loan agreement.

Referral Program: Participation and Conditions

Overview of Referral Program. Secure Ethereum may offer a referral program designed to reward users for introducing new participants to the Platform. The program allows existing users (referrers) to earn incentives when new users (referred users) sign up and meet specific criteria, such as completing identity verification or achieving certain trading volumes. The specific details, including reward structures, eligibility requirements, and program duration, will be outlined in separate Referral Program Terms and Conditions.

Referral Program Terms and Prohibited Conduct. Participation in the referral program is subject to the specific Referral Program Terms and Conditions, which you must read and agree to before participating. Users are strictly prohibited from engaging in any fraudulent, deceptive, or manipulative activities to gain unfair advantages in the referral program. This includes, but is not limited to, creating multiple accounts, using bots or automated scripts, or engaging in any form of self-referral. Secure Ethereum reserves the right to disqualify any participant, withhold rewards, and take further action, including account suspension or termination, if any violation of the Referral Program Terms is detected.

Complaints and Dispute Resolution: Addressing Concerns

Internal Complaints Procedure. If you have a complaint regarding any aspect of the Secure Ethereum Services, you are encouraged to contact our Customer Support team immediately. We are committed to resolving user concerns efficiently and fairly. Upon receiving your complaint, we will conduct a thorough investigation and endeavor to provide you with a response within a reasonable timeframe, typically within [X] business days (e.g., 15 business days), unless the complexity of the issue requires a longer period, in which case we will inform you of the delay. All complaints will be handled in accordance with our internal complaints handling policy.

External Dispute Resolution. If you are not satisfied with the resolution provided by our internal complaints procedure, you may have the option to refer your complaint to an external dispute resolution body, if applicable in your jurisdiction. The availability and specific procedures of such external bodies will depend on the laws and regulations governing your location and the nature of your complaint. Secure Ethereum will cooperate fully with any legitimate external dispute resolution process.

Governing Law and Jurisdiction. These Terms and Conditions, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in the Republic of Seychelles.

Arbitration Agreement. Any disputes, controversies, or claims arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Seychelles International Arbitration Centre (SIAC). The arbitration shall be conducted in English, and the seat of arbitration shall be Victoria, Seychelles. The award rendered by the arbitrator(s) shall be final and binding upon both parties, and judgment on the award may be entered in any court having jurisdiction thereof.

Class Action Waiver. To the fullest extent permitted by applicable law, you and Secure Ethereum agree that any claims shall be brought against Secure Ethereum in an individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the express written consent of Secure Ethereum.

Amendments to Terms and Services: Evolution of the Agreement

Amendments to These Terms. Secure Ethereum reserves the right to amend, modify, or update these Terms and Conditions at any time, at its sole discretion. Any changes will become effective immediately upon the posting of the revised Terms on the Platform, unless otherwise specified. Your continued use of the Secure Ethereum Services after the posting of the amended Terms constitutes your acceptance of such amendments. If you do not agree to the revised Terms, you must cease using the Services and close your Secure Ethereum Account. We will endeavor to provide reasonable notice of material amendments, but it remains your responsibility to regularly review these Terms.

Amendments to Product Terms. In addition to these overarching Terms, specific Product Terms governing individual Secure Ethereum Services (e.g., staking, lending, trading) may also be amended or updated periodically. Such amendments to Product Terms will become effective upon their posting on the Platform. Your continued use of the specific Product Service after the posting of the amended Product Terms signifies your acceptance of those changes. It is your responsibility to review the relevant Product Terms before utilizing any specific service.

Notice of Amendments. Secure Ethereum will provide notice of any material amendments to these Terms or Product Terms through various channels, which may include, but are not limited to, announcements on the Platform, email notifications, or other communication methods. While we strive to ensure you are informed, failure to receive such notice does not absolve you of your responsibility to review and comply with the updated Terms.

Evolution of Services. Secure Ethereum is committed to continuously improving its services. As such, we reserve the right to modify, suspend, or discontinue any aspect of the Secure Ethereum Services at any time, including the availability of certain features, Digital

Assets, or functionalities, without prior notice. We will not be liable for any losses or inconveniences caused by such modifications, suspensions, or discontinuations.

Termination of Agreement: Rights and Obligations

Termination by User. You may terminate these Terms and your use of the Secure Ethereum Services at any time by closing your Secure Ethereum Account. Prior to closing your account, you are responsible for withdrawing all Digital Assets and fiat currency from your account. Any outstanding obligations, including fees or liabilities, must be settled before termination. Termination of your account does not relieve you of any obligations or liabilities incurred prior to the effective date of termination.

Termination by Secure Ethereum. Secure Ethereum reserves the right to suspend or terminate your access to the Secure Ethereum Services and your Secure Ethereum Account at any time, for any reason, and without prior notice or liability. Reasons for termination may include, but are not limited to: (a) breach of these Terms or any Product Terms; (b) violation of applicable laws or regulations; (c) engagement in fraudulent, suspicious, or illegal activities;

(d) security concerns; (e) requests from law enforcement or regulatory authorities; (f) our determination, in our sole discretion, that your continued use of the Services poses a risk to the Platform or other users; or (g) any other reason deemed appropriate by Secure Ethereum. In the event of termination, Secure Ethereum will not be responsible for any losses you incur as a result, and you may be prohibited from opening new accounts in the future.

Effect of Termination. Upon termination of these Terms, all rights and licenses granted to you will immediately cease. You must immediately discontinue all use of the Secure Ethereum Services. Any provisions of these Terms that, by their nature, should survive termination (including, without limitation, provisions regarding intellectual property, disclaimers of warranties, limitation of liability, indemnification, and dispute resolution) shall remain in full force and effect.

General Provisions: Miscellaneous Legal Terms

Entire Agreement. These Terms and Conditions, together with any applicable Product Terms, Privacy Notice, Risk Warning, and Fee Structure, constitute the entire and exclusive agreement between you and Secure Ethereum regarding your use of the Secure Ethereum Services. This agreement supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between the parties concerning the subject matter hereof.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, the provision shall be severed from these Terms, and the remainder of these Terms shall remain in full force and effect.

Waivers. No failure or delay by Secure Ethereum in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Secure Ethereum.

Headings. The headings and subheadings used in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of these Terms.

Electronic Signatures and Communications. You agree that your electronic signature, whether by clicking

‘I agree’ or other similar affirmations, is the legal equivalent of your manual signature. You consent to the use of electronic signatures and to the electronic delivery of all notices, disclosures, and other communications from Secure Ethereum. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Language. These Terms and Conditions are drafted in the English language. Any translation of these Terms is provided for your convenience only. In the event of any inconsistency or ambiguity between the English version and any translated version, the English version shall prevail.

Force Majeure. Secure Ethereum shall not be liable for any delay, failure in performance, or interruption of service which results directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Relationship of the Parties. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Secure Ethereum to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or Secure Ethereum to be treated as the agent of the other. You are an independent contractor and are not an employee or agent of Secure Ethereum.

Third-Party Beneficiaries. Except for Secure Ethereum Affiliates, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act or any similar legislation in any jurisdiction to enforce any term of these Terms. These Terms are for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns.

Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, account cancellation, debts owed to Secure Ethereum, general use of the Secure Ethereum Platform, disputes with Secure Ethereum, and general provisions, shall survive the termination or expiration of these Terms.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Secure Ethereum. However, Secure Ethereum may assign or transfer any of its rights or obligations under these Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganization involving Secure Ethereum.

Contact Information. If you have any questions, feedback, or complaints, please contact our Customer Support team. For any legal notices or other formal communications, please contact us at the address specified on our Website. We will provide you with our contact information for such purposes.

Data Protection and Privacy: Your Information and Our Commitment

Our Commitment to Privacy. Secure Ethereum is committed to protecting your personal data and respecting your privacy. Our Privacy Notice, which is incorporated by reference into these Terms, explains how we collect, use, store, and share your personal data. By using the Secure Ethereum Services, you consent to the data practices described in our Privacy Notice. We encourage you to review the Privacy Notice carefully to understand our practices.

Collection and Use of Personal Data. We collect personal data from you to provide and improve our Services, comply with legal obligations, and for other legitimate business purposes. This may include, but is not limited to, your name, address, date of birth,

government-issued identification, transaction history, and device information. We use this information to verify your identity, process transactions, secure your account, and communicate with you. We may also use your data for marketing purposes, subject to your consent where required by law.

Data Security. We implement and maintain reasonable and appropriate technical and organizational security measures to protect your personal data from unauthorized access, use, disclosure, alteration, or destruction. These measures include encryption, access controls, and regular security assessments. However, no security system is perfect, and we cannot guarantee the absolute security of your data. You are also responsible for taking appropriate measures to secure your own devices and accounts.

Data Sharing and Disclosure. We may share your personal data with third-party service providers, regulatory authorities, law enforcement agencies, and other parties as necessary to provide our Services, comply with legal obligations, or protect our rights and interests. We will only share your data with third parties who have agreed to protect it in a manner consistent with our Privacy Notice and applicable laws. We will not sell your personal data to third parties for their own marketing purposes without your explicit consent.

International Data Transfers. Your personal data may be transferred to, stored, and processed in countries other than your own. These countries may have data protection laws that are different from the laws of your country. We will take appropriate measures to ensure that any international transfers of your personal data are conducted in compliance with applicable data protection laws.

Your Data Protection Rights. Depending on your jurisdiction, you may have certain rights regarding your personal data, such as the right to access, correct, delete, or restrict the processing of your data. You may also have the right to object to the processing of your data or to receive your data in a portable format. To exercise your rights, please contact our Customer Support team. We will respond to your request in accordance with applicable data protection laws.

Intellectual Property: Ownership and Use

Ownership of Intellectual Property. All intellectual property rights in and to the Secure Ethereum Services, the Platform, and all related materials, including but not limited to, software, text, graphics, logos, trademarks, and trade secrets (the “Secure Ethereum IP”), are owned by or licensed to Secure Ethereum. You acknowledge that you have no right, title, or interest in or to the Secure Ethereum IP, except for the limited right to use the Services as expressly granted in these Terms.

Limited License. We grant you a limited, non-exclusive, non-transferable, non- sublicensable, and revocable license to access and use the Secure Ethereum Services for your personal, non-commercial use, subject to these Terms. This license does not grant you any right to use our trademarks, logos, or other branding elements without our prior written consent.

Restrictions on Use. You agree not to copy, modify, distribute, sell, lease, or create derivative works of the Secure Ethereum IP. You also agree not to reverse engineer, decompile, or otherwise attempt to extract the source code of our software. Any unauthorized use of the Secure Ethereum IP is strictly prohibited and may result in the termination of your account and legal action.

User-Generated Content. If you submit any content to the Platform, such as feedback, suggestions, or ideas (“User Content”), you grant Secure Ethereum a worldwide, perpetual, irrevocable, royalty-free, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you have the necessary rights to grant us this license and that your User Content does not violate any third-party rights.

Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) Compliance

Our Commitment to Compliance. Secure Ethereum is committed to complying with all applicable anti-money laundering (AML) and counter-terrorist financing (CTF) laws and regulations. We have implemented a comprehensive AML/CTF compliance program, which includes policies, procedures, and internal controls designed to detect and prevent illicit activities on our Platform.

Customer Due Diligence (CDD). As part of our AML/CTF compliance program, we are required to conduct customer due diligence (CDD) on all of our users. This involves collecting and verifying your identity, as well as understanding the nature and purpose of your transactions. We may require you to provide us with certain information and documentation, such as a government-issued identification, proof of address, and information about your source of funds. We may also conduct ongoing monitoring of your account activity to identify any suspicious transactions.

Enhanced Due Diligence (EDD). For certain high-risk users or transactions, we may be required to conduct enhanced due diligence (EDD). This may involve collecting additional information and documentation, such as information about your occupation, source of wealth, and the purpose of your transactions. We may also conduct more frequent monitoring of your account activity.

Reporting of Suspicious Activity. We are required by law to report any suspicious activity to the relevant authorities. This may include, but is not limited to, transactions that are unusual in size, frequency, or nature, or that appear to have no legitimate economic purpose. We may also be required to freeze or block your account and your funds if we suspect that you are involved in any illicit activities.

Cooperation with Law Enforcement. We will cooperate fully with law enforcement and regulatory authorities in any investigation into suspected illicit activities. This may include providing them with information about your account and your transactions. We are not liable for any losses you may incur as a result of our compliance with our legal and regulatory obligations.

Sanctions Compliance

Our Commitment to Sanctions Compliance. Secure Ethereum is committed to complying with all applicable sanctions laws and regulations, including those imposed by the United Nations, the United States, the European Union, and other relevant jurisdictions. We have implemented a sanctions compliance program, which includes policies, procedures, and internal controls designed to prevent our Platform from being used to violate sanctions.

Prohibited Jurisdictions and Persons. We do not provide our Services to individuals or entities located in, or who are citizens or residents of, any jurisdiction that is subject to comprehensive sanctions. We also do not provide our Services to any individual or entity that is on any sanctions list. A list of prohibited jurisdictions is available on our Website and may be updated from time to time.

Screening and Monitoring. We screen all of our users against sanctions lists and conduct ongoing monitoring of their account activity to identify any potential sanctions violations. We may also use third-party service providers to assist us with our sanctions compliance efforts.

Account Freezing and Blocking. If we have reason to believe that you are in violation of any sanctions laws or regulations, we may be required to freeze or block your account and your funds. We may also be required to report your account and your transactions to the relevant authorities. We are not liable for any losses you may incur as a result of our compliance with our legal and regulatory obligations.

Tax Compliance

Your Tax Obligations. You are solely responsible for determining what, if any, taxes apply to the transactions you make using the Secure Ethereum Services. It is your

responsibility to report and remit the correct tax to the appropriate tax authority. Secure Ethereum is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.

Tax Reporting. We may be required by law to make certain reports to tax authorities regarding transactions made on our Platform. We may also be required to provide you with additional documentation or records that you may need to calculate your tax obligations. We may also withhold and deduct at source any taxes due under applicable law in our sole discretion.

Tax Advice. Secure Ethereum does not provide tax advice. You should consult with a qualified tax professional to determine your tax obligations. We are not liable for any errors or omissions in your tax reporting or for any penalties or interest that may be imposed on you by any tax authority.

No Financial Advice

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

Your Responsibility. It is your responsibility to determine whether any investment, investment strategy, or related transaction is appropriate for you according to your personal investment objectives, financial circumstances, and risk tolerance. You are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell, or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell, or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.

Disclaimers

No Warranties. THE SECURE ETHEREUM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-

INFRINGEMENT. SECURE ETHEREUM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

Accuracy of Information. While we strive to provide accurate information on the Platform, we do not guarantee the accuracy, completeness, or reliability of any information. You are responsible for verifying the accuracy of any information before relying on it. We are not liable for any losses you may incur as a result of your reliance on any information provided on the Platform.

Third-Party Content. The Secure Ethereum Services may contain links to third-party websites or content. We are not responsible for any third-party websites or content. Your use of any third-party websites or content is at your own risk. We do not endorse or make any representations about any third-party websites or content.

Limitation of Liability

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SECURE ETHEREUM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SECURE ETHEREUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SECURE ETHEREUM SERVICES.

Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SECURE ETHEREUM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SECURE ETHEREUM SERVICES, EXCEED THE AMOUNT OF FEES PAID BY YOU TO SECURE ETHEREUM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SECURE ETHEREUM WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless Secure Ethereum, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Secure Ethereum Services; (b) your breach of these Terms or any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any dispute you have with any other user of the Secure Ethereum Services.

Our Right to Control. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Definitions and Interpretation

In these Terms:

“Access IDs” means your Secure Ethereum Account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Secure Ethereum Account or the Secure Ethereum Services or to send Instructions.
“Account History” means the written record (including electronic records) of your Transactions and your Secure Ethereum Account.
“API” means application program interface.
“Applicable Law” means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which Secure Ethereum is a member), that are applicable to the provision, receipt or use of the Secure Ethereum Services, or any other products or deliverables provided, used or received in connection with the Secure Ethereum Services, these Terms, or any Product Terms.
“Backed Digital Assets” has the meaning given to it in clause 15.3.
“Secure Ethereum”, “we”, “our”, or “us” means Nest Services Limited (a company incorporated under the laws of the Republic of Seychelles with registration number 238045 and address at House of Francis, Room 303, Ile Du Port, Mahe, Seychelles).
“Secure Ethereum Account” means any accounts (including Corporate Secure Ethereum Accounts) or sub-accounts (including any Secure Ethereum Sub-Account), which are opened by Secure Ethereum for you to record your use of Secure Ethereum Services.
“Secure Ethereum Affiliates” means with respect to Nest Services Limited: any other person which, directly or indirectly, Controls, is Controlled by, or is under common Control with, Nest Services Limited.
“Secure Ethereum API” means an API made available by a Secure Ethereum Affiliate to you as a service, or third-party applications relying on such an API.
“Secure Ethereum IP” means the Created IP and all other Intellectual Property Rights owned by or licensed, on a sub-licensable basis, to us as at the date of the Terms and any other Intellectual Property Rights owned or acquired by or licensed, on a sub-licensable basis, to us after the date of these Terms, and which are provided by us to you in the course of providing you with the Secure Ethereum Services.
“Secure Ethereum Services” means the services offered by us to you through the Platform.
“Secure Ethereum Sub-Account” means a sub-account that is set up under a primary Secure Ethereum Account.
“Chat Service” has the meaning given to it in clause 5.
“Claim” means any dispute, claim, difference or controversy between you and Secure Ethereum (and/or any Secure Ethereum Affiliates) arising out of, in connection with, or relating in any way to: (a) these Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity; (b) your relationship with Secure Ethereum (and/or any

Secure Ethereum Affiliates) as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms); or (c) any non-contractual obligations arising out of or relating to these Terms, or any Product Terms, or your relationship with Secure Ethereum (and/or any Secure Ethereum Affiliates).

“Control” means the power of a person to secure that the affairs of another are conducted in accordance with the wishes of the first person whether by means of: (a) in the case of a company, being the beneficial owner of more than fifty percent (50%) of the issued share capital of or of the voting rights in that company, or having the right to appoint and remove a majority of the directors or otherwise control the votes at board meetings of that company by virtue of any powers conferred by the organisational documents, shareholders’ agreement, a majority of the board of directors or any other document regulating the affairs of that company or by any other means; or (b) in the case of a partnership, being the beneficial owner of more than fifty percent (50%) of the capital of that partnership, or having the right to control the composition of or the votes to the majority of the management of that partnership by virtue of any powers conferred by the partnership agreement or any other document regulating the affairs of that partnership or by any other means.
“Corporate Secure Ethereum Account” means a Secure Ethereum Account maintained for a corporation, entity, or other organisation for the provision of Secure Ethereum Services.
“Created IP” means any Intellectual Property Rights created by you pursuant to these Terms, including the User Materials, but excluding any other User IP.
“Digital Assets” means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.
“Dominant Digital Asset” means a Forked Digital Asset that has dominance over one or more other versions of a Digital Asset that was subject to the relevant Fork, as determined by us in our sole discretion.
“Email Account” means the email account(s) associated with your Secure Ethereum Account(s), as agreed with Secure Ethereum from time to time, in accordance with any processes identified by Secure Ethereum when using the Platform.
“Fiat Currency” means any government or central bank issued national, or supra-national, currency, or other monetary obligation denominated in such currency and which is not a Digital Asset.
“Force Majeure Event” means an event beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or

military authorities, fires, floods, accidents, epidemics, pandemics, or other catastrophes, power failures, failures of internet or telecommunications services, or governmental acts or omissions.

“Forked Digital Asset” means a Digital Asset that has undergone a Fork.
“Fork” means a change to the underlying protocol of a Digital Asset that results in two or more versions of the Digital Asset.
“Governmental Authority” means any national, federal, state, provincial, local, or other governmental, regulatory, or administrative authority, agency, or commission.
“Instruction” means any order, request, or instruction submitted by you to us through the Secure Ethereum Services.
“Intellectual Property Rights” means all intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other proprietary rights.
“Local Terms” means any additional terms and conditions that apply to your use of the Secure Ethereum Services in a specific jurisdiction.
“Permitted User” means any individual or entity authorized by you to access and use your Secure Ethereum Account or the Secure Ethereum Services on your behalf.
“Platform” means the Secure Ethereum website, mobile applications, and other platforms through which the Secure Ethereum Services are made available.
“Product Terms” means any additional terms and conditions that apply to your use of specific Secure Ethereum Services.
“Restricted Person” means any individual or entity that is: (a) on any sanctions list maintained by the United Nations, the United States, the European Union, or any other relevant jurisdiction; (b) located in, or a citizen or resident of, a country or territory that is subject to comprehensive sanctions by the United States, the European Union, or any other relevant jurisdiction; (c) a politically exposed person (PEP) or a family member or close associate of a PEP; (d) identified by any Governmental Authority as a person of concern for money laundering or terrorist financing; (e) a person who has been convicted of a financial crime; (f) a person who has been involved in any fraudulent activity; (g) a person who has been involved in any market manipulation; (h) a person who has been involved in any other illegal activity; (i) a person who has been identified by us as a high-risk person.
“Risk Warning” means our risk warning, which is available on our Website.
“Services” means the Secure Ethereum Services.
“Site” means the Secure Ethereum website.
“Transaction” means any transaction involving Digital Assets, including but not limited to buying, selling, trading, depositing, withdrawing, staking, lending, and borrowing.
“User Chat” means any chat service that allows you to interact directly with other users of the Platform.
“User Materials” means any content or materials that you submit to us through the Secure Ethereum Services.
“Website” means the Secure Ethereum website, available at In these Terms, unless the context otherwise requires:
clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms;
the words “include” or “including” shall mean including without limitation and include without limitation respectively;
any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing;
words importing the singular include the plural and vice versa and words importing a gender include any gender;
any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document; and
in the event of inconsistency between these Terms (including any documents referred to in these Terms) the inconsistency shall be solved by giving such provisions and documents the following order of precedence: the Product Terms; the Privacy Notice; and these Terms.

Terms And Conditions

RISK DISCLOSURE

INFORMATION REGARDING OUR AGREEMENT WITH YOU

Digital Assets: Nature, Risks, and Operational Considerations

Trading on the Platform: Mechanisms and Considerations

Deposits and Withdrawals: Procedures and Policies

Custody of Digital Assets: Security and Responsibilities

Staking Services: Participation and Risks

Lending Services: Terms and Associated Risks

Borrowing Services: Terms and Associated Risks

Referral Program: Participation and Conditions

Complaints and Dispute Resolution: Addressing Concerns

Amendments to Terms and Services: Evolution of the Agreement

Termination of Agreement: Rights and Obligations

General Provisions: Miscellaneous Legal Terms

Data Protection and Privacy: Your Information and Our Commitment

Intellectual Property: Ownership and Use

Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) Compliance

Sanctions Compliance

Tax Compliance

No Financial Advice

Disclaimers

Limitation of Liability

Indemnification

Definitions and Interpretation