TERMS OF SERVICE

1.1

These Terms apply to all Customers who access our Services through Fundarmor's website or other means. These Terms govern your use of the Services and the website, as well as all transactions and business interactions between you and Fundarmor.

1.2

By clicking on the relevant checkbox during the Sign Up Process or when completing a Transaction through Fundarmor you agree to:

• be bound by these Terms and only use our Services in a lawful manner and good faith by these Terms, and
• be bound by Fundarmor's AML Policy and Privacy Policy through explicit approvals on the website.

1.3

Fundarmor reserves the right to amend these Terms at any time at our sole discretion. If you continue to use the Services after an amendment of these Terms, you are agreeing to the updated Terms.

1.4

Unless expressly agreed in writing, Fundarmor does not accept any terms and conditions other than these Terms in connection with any Customer or Customer Relationship.

1.5

By accepting these Terms, you agree to receive electronic communication from Fundarmor. This communication may include information regarding your Account, Transaction details, notices, and other information related to our provision of Services.

1.6

When you sign up to use our Services, we may ask you to provide further information about yourself, and we will request documents from you in line with our AML framework. We appreciate your understanding of the process.

1.7

We may have different criteria for Natural Person Customers and Corporate Customers, particularly when it comes to the documentation required to establish a Customer Relationship and carry out Occasional Transactions.

1.8

In some jurisdictions, the use of cryptocurrencies may be illegal. Before using the Services, you must be aware of the regulatory requirements in your jurisdiction for bitcoin transactions.

1.9

A "Business Day" is defined in this Agreement as any day that is not a Saturday, Sunday, or public holiday and on which the banks are open for business.

2.1

By signing up and using Fundarmor's Services, you represent and warrant that you:

• are at least 18 years old;
• are an individual or a Representative of a legal person with the legal capacity and authority to enter into these Terms (representatives in respect of Natural Person Customers are not accepted);
• have not previously been suspended or banned from using Fundarmor's Services;
• are not a Politically Exposed Person (PEP), a Relative of a PEP, or a Close Associate of a PEP;
• are not subject to any sanctions list; and
• do not have an existing Account.

3.1

Cryptocurrency assets are vulnerable to significant market risk and volatility.

3.2

By accessing this User Agreement or using the Services, you agree and understand that there are risks associated with using Virtual Currencies, including, but not limited to, the risk of hardware, software, and internet connection failure, the risk of failing to achieve a certain market value/price for any crypto asset, the risk of malicious software introduction, and the risk that third parties may gain unauthorized access to information stored.

3.3

You accept and acknowledge that Fundarmor will not be liable for any communication failures, disruptions, mistakes, distortions, or delays that you may encounter while using the Services.

3.4

The risk of loss while using Services involving crypto assets is considerable, and losses can arise quickly. Crypto asset prices and liquidity fluctuate significantly; previous success is not indicative of future outcomes, and you are completely responsible for your actions.

3.5

You accept and recognize that Fundarmor is not liable for any damages incurred as a result of your investment.

4.1

In order to be able to use Fundarmor services, you must sign up, create an account, and be identified and verified, as further described below.

4.2

The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number), network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct, and you agree to keep us updated if any of the information you provide changes. We will treat this information by the data protection provisions of this agreement.

4.3

According to applicable legislation on anti-money laundering and counter-terrorism financing, Fundarmor is required to disclose any suspicions of money laundering or terrorism financing to the relevant police authorities. Fundarmor is not permitted to inform any Customer subject to such suspicions.

4.4

By accepting these Terms, you represent that any and all information you provide us with is complete, true and accurate, and you agree to promptly update any information you provide to Fundarmor so that such information is complete and accurate at all times.

4.6

You authorize us to make inquiries, whether directly or through third parties, that we feel necessary to verify your identification or protect you and/or us from fraud or other financial crime, and to take action depending on the results of such inquiries. When we make these inquiries, you understand and accept that your personal information may be provided to credit reference, fraud prevention, or financial crime authorities, and that these organizations may respond to our inquiries in full. This is merely an identity verification and should have no negative impact on your credit rating. Furthermore, we may require you to wait a specific period of time after the completion of a transaction before allowing you to use additional Fundarmor Services and/or engage in transactions exceeding specified volume limits.

4.7

Failure to provide any information that Fundarmor reasonably requests from you after you have become a Customer in accordance with applicable money laundering laws and regulations shall be grounds for the suspension of the provision of Services to you (including access to your account) and/or the termination of this Agreement. The nature and scope of the information you are expected to supply may vary, for example, depending on the Services supplied to you under this Agreement and/or the method of payment you choose.

5.1

Fundarmor's website and Services are not intended for people who are forbidden from accessing or using such websites and services by the laws of their citizenship, domicile, or residency. Persons who are not permitted to access the information on this website, or who are unsure whether they are permitted to access or use Fundarmor's Services, are kindly requested to exit Fundarmor's website.

5.2

In accordance with relevant legislation and our AML framework, we do not provide our Services to anyone on any sanctions lists or those who qualify as a PEP, a Relative of a PEP, or a Close Associate of a PEP. Users with concealed or protected identities are not served by Fundarmor.

5.3

Customers who have changed their name or gender will be requested to provide documentation confirming such changes.

5.4

As a Customer, you agree to comply with the requirements of relevant legislation, these Terms, and other guidelines and rules published by Fundarmor in relation to the Services from time to time.

5.5

Any use of the Services for illegal or unlawful purposes is prohibited, including but not limited to, directly or indirectly facilitating:

• money laundering, terrorist financing, financing of weapons of any kind;
• human trafficking;
• distribution, offering, or promotion of any goods or services that may violate intellectual property rights or other third-party rights;
• access to drugs;
• illegal gambling services or the laundering of money derived from them;
• content in media that violates applicable minors' protection regulations or is generally detrimental to minors;
• trading with endangered animals or plants;
• any unauthorized purchase or sale of products, technology, services, or other transactions with third parties, including the transfer of funds;
• any other use in breach of applicable law.

5.6

Your use of our Services must not infringe on public interests, public ethics, or the legitimate interests of others, including, but not limited to, taking any action that interferes with, disrupts, negatively affects, or prevents other Customers from using the Services.

5.7

The use of any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, methodology or process to access, acquire, copy, or monitor any part of Fundarmor's properties or in any way reproduce or circumvent the functioning of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services is prohibited.

5.8

It is prohibited to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Fundarmor's systems or networks or any systems or networks connected to the Services, or to use any device, software, or routine to interfere with the proper functioning of the Services or with the use of the Services by any other person.

5.9

You may not impersonate another person, manipulate identifiers, or use social engineering to conceal the identity or origin of any communication or transmittal delivered to the Services.

5.10

In the event of forbidden usage of the Services, Fundarmor will take action by canceling or blocking the account or transaction, and if the breach of these Terms is material, legal action will be taken.

5.11

Fundarmor may disclose anonymized information about alleged violations of these Terms and any actions taken on our website or other platforms, to the extent permitted by law.

6.1

We may choose to terminate our Services to you immediately if you violate these Terms, our AML framework or any additional agreement that may have been concluded between you and Fundarmor. In such cases, we reserve the right to Cancel your Account and terminate your access to and use of the Services and the Fundarmor website without notice and at our discretion.

6.2

We reserve the right to further investigate a Customer's material breach and take appropriate action, including but not limited to freezing or blocking a transaction or blocking your Account, reporting suspected unlawful activity to law enforcement authorities or any other relevant authorities or regulatory institutions, and disclosing any information necessary or appropriate for such entities relating to the Customer's profile, email address, and other information.

6.3

If Fundarmor determines that a Customer's use of the Services is not in accordance with applicable law, our AML framework, and/or these Terms, or if the use could be a violation of applicable law in another jurisdiction, or is deemed to be too high a risk from an anti-money laundering, counter-terrorism financing, or other relevant risk perspective, Fundarmor will refuse or discontinue providing the Services to such Customer. Fundarmor may also:

• freeze and Block Transactions;
• block of Account; and

6.4

A customer's account may also be Blocked at the request of a competent authority.

6.5

A customer's account may be further blocked at the request of a competent authority.

6.6

Fundarmor reserves the right to block or cancel an account, freeze or block a transaction, or terminate the Services in its sole discretion, based on applicable law, these Terms, and our AML framework, and in proportion to the severity of the Customer's breach and the potential risks associated with such breach.

6.7

The Blocking of an Account of any Customer can be lifted if the reasons for such action are no longer present. If the action is lifted, you will regain full control of your Account and may initiate Transactions again, but Fundarmor has the right to Block your Account again, subject to these Terms.

6.8

In the event of Cancellation or Blocking of Account due to fraud investigations or breach of applicable law or these Terms, Fundarmor maintains full custody of data and cryptocurrencies held in a Fundarmor Customer Wallet of a Customer subject to such action. Such data and cryptocurrencies may be turned over to the competent authorities on their request, and it is up to the relevant authorities to determine how Fundarmor should dispose of such assets.

8.1

This agreement between you and Fundarmor shall remain in effect until the legal relationship between you and Fundarmor has ended, that is, in simple words, you are no longer a user of the Services and there are no outstanding claims.

8.2

You may terminate your use of the services at any time, even though we would be sad to see you go. You can terminate the services with immediate effect by writing to support@berg-fin.co. We would appreciate it if you provided us with information on the reasons for this termination so that we have the opportunity to improve.

8.3

You agree to pay all fees and any expenses incurred for Services performed before terminating the Services.

8.4

You understand that your Account will be Cancelled upon effective termination of the Services, and you will not be able to access it further on except as described in Section 7.

8.5

You understand that termination of our Services does not imply the erasure of all your personal data by Fundarmor, as we are legally obligated to retain such data in most cases. Please see our Privacy Policy for more details on how we handle your data.

9.1

Fundarmor reserves all intellectual property rights to the program, the website, and all information on it, including changes based on customer input. Publication, reproduction, transfer, or storage of the website's contents in whole or in part is prohibited without the prior written authorization of Fundarmor.

9.2

The software, website, and published materials may only be used to access the Services and for your personal use. Fundarmor offers the Customer a revocable, restricted, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the software, website, and contents on it for this purpose.

9.3

The trademarks or logos included on the website shall not be reproduced, published, distributed or used in any manner without the prior written consent of Fundarmor. What is set forth in these Terms regarding Fundarmor's intellectual property rights shall apply correspondingly to any intellectual property rights of third parties used by Fundarmor.

9.4

Intellectual property rights related to the Services may not be modified, reproduced, encrypted, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, disassembled, broadcasted, published, removed, or altered without Fundarmor's prior written authorization.

9.5

By accepting these Terms, you undertake to respect Fundarmor's and third parties' intellectual property rights and to use the aforementioned contents in accordance with applicable legislation.

10.1

By consenting to this Agreement, you represent, warrant, and undertake to us that:

• you have full power and authority to enter into this Agreement;
• you recognize and accept that we make no warranty that any of the Services offered through our API are suitable or appropriate for your requirements and that you must seek independent legal and other advice on such Services;
• you are engaging in this Agreement only for your benefit and not on behalf of any third party;
• by entering into this Agreement or enjoying the Services supplied under it, you agree not to break any applicable laws;
• you will not give out any incorrect, misleading, or inaccurate information;
• you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or Fundarmor services;
• funds or Cryptocurrencies transmitted to the Wallet or any Sub-Wallet were obtained properly;
• you will not use an anonymizing proxy or any other automatic devices, spiders, or manual processes to copy or monitor our websites without our prior written authorization;
• you will not threaten and/or harass our employees, agents, or other users;
• you understand and agree that, while we make reasonable efforts to ensure the accuracy of the information we provide and that you receive, neither we nor any of our directors, employees, or agents make any express or implied representation or warranty as to the accuracy or completeness of such information;
• you warrant that any information you supply to Fundarmor under this Agreement is true, complete, accurate, up-to-date, and not misleading; and
• you must offer any reasonable assistance required by Fundarmor in order for Fundarmor to meet its duties under this Agreement;

10.2

Fundarmor warrants, represents, and guarantees that the Services will be provided with reasonable care and competence.

10.3

No warranties. The Fundarmor Services are provided on an "as is" and "as available" basis, with no additional commitments made by us regarding their availability. We provide no implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. We make no guarantees that access to the Site, the Fundarmor Services, or the materials contained therein will be continuous, uninterrupted, timely, or error-free.

11.1

Fundarmor's Services and Fundarmor's website are provided "as is" and your use of the Services and the website is solely your responsibility. You are solely and fully responsible for the consequences of your access to and use of our Services and any losses or expenses incurred during the use of our Service. Fundarmor and Fundarmor´s third-party providers do not have any responsibility for information and content that is presented on Fundarmor's website, including text links to any third party websites. Fundarmor shall not be liable for any direct or indirect loss, cost or damage, incurred by a Customer or a third party due to inconsistent, incorrect or non-existent information presented on the website due to how such information is interpreted or used.

11.2

Further, Fundarmor shall have no responsibility for any third party vendors or their information or products displayed by Fundarmor. Fundarmor shall not be liable for any direct or indirect loss, cost or damages incurred by a Customer or a third party caused by such third party vendors, their products or how their information is interpreted or used.

11.3

Fundarmor reminds you that handling cryptocurrencies is combined with significant risks, see Section 9 (Risks and warnings). Customers are using the Services at their own risk. Fundarmor shall not be liable for any direct or indirect loss, cost or damage incurred by a Customer or a third party due to the Customer's use of the Services, or commerce that the Customer might conduct with the products purchased from Fundarmor.

11.4

Fundarmor shall not be liable for any direct or indirect loss, cost or damage that Customers may incur as a result of inability to use or access the Services (including where this is a result of an action taken by Fundarmor in accordance with these Terms), unauthorized use of Account, mistyped cryptocurrency wallet addresses or other incorrect instructions in respect of Transactions provided by the Customer, malfunctions, errors, corrupted wallet files, including but not limited to, incurred as a result of viruses, worms, macros, security breaches or hacking activities, outages, delays or corrupted data that Fundarmor or its third-party service providers may be subject to. Further, Fundarmor shall not be liable for any direct or indirect loss, cost or damage that Customers may incur as a result of lost passwords, cryptocurrencies or private keys, provided that this is not a result of Fundarmor's gross negligence.

11.5

If an above limitation of liability is deemed not to be valid under applicable law, Fundarmor's total liability for any individual claim or series of connected claims for any loss, cost or damage shall be limited to:

• In respect of a claim relating to a specific Transaction: the Transaction amount, determined as the actual value of the Transaction at the time of incurring the relevant loss, cost, or damage, which shall be equivalent to, a) in respect of Selling Transactions, the amount of USD the cryptocurrencies were exchanged too, or in case an exchange was not carried out, the number of cryptocurrencies paid in by the Customer for exchange, or b) in respect of Buying Transactions, the number of cryptocurrencies the USD were exchanged too, or in case an exchange was not carried out, the amount of USD paid in by the Customer for exchange, or c) in respect of Withdrawal or Deposit Transactions, the number of cryptocurrencies subject to the Transaction; or
• in respect of a claim that is not related to a specific Transaction: the aggregate amount of cryptocurrencies held in the Customer's Fundarmor Customer Wallet at the time of incurring the relevant loss, cost or damage.

17.1

You should contact us if you have a problem with the Services.

18.1

We may communicate with you by posting information in your Account or on the Website (where permitted by law), in which case the information will be deemed to have been received by you when it is posted by us;

18.2

We may also contact you at the postal or email address you indicate when applying to open your Account. Notices issued via email shall be assumed to have been received at the time of transmission as recorded by the sender's records (or if sent outside business hours, at 9 a.m. on the first Business Day following dispatch). Notices submitted by post will be considered received on the second business day following posting.

18.3

We retain the right to change these terms at any time by posting amended terms on this website. We will not tell anyone, and the relevant version will be the most recent.