FVC Digital Terms of Service

The availability of our Services depends upon several factors that determine your eligibility to engage with them. We may refuse to provide our Services in specific locations and jurisdictions, and information regarding these restricted areas shall be communicated to you through our official communication channels as laid down in these Terms.

To be considered eligible to use and engage with our Services, you must affirm that:

a) you are at least 18 years old;

b)you have never been suspended or subjected to any other form of restriction from using our Services;

c)entering into a binding agreement with us does not conflict with or violate any other contractual obligations to which you are legally bound;

d) you are not subject to international economic restriction measures and sanctions, such as those imposed by the United Nations, or affiliated with companies, groups, or entities subject to international sanctions, nor do you otherwise represent such natural or legal persons (“Sanctioned Person”); and

e)  you are not situated, located, domiciled, or residing in any of the excluded countries and restricted territories, without exception. For the complete list of excluded countries and restricted territories, please refer to the full list available at [link].

For individuals intending to use the Services on behalf of a legal entity, eligibility is determined by meeting these requirements:

a) your organization has been incorporated in compliance with the legal provisions of its jurisdiction;

b) your organization conducts its activities in accordance with applicable laws and regulations;

c) you possess the legal authorization to represent your organization and enter into legally binding agreements on its behalf, which you are able to demonstrate by appropriate means;

d) your organization is not situated, located, founded, or incorporated in any of the Excluded Countries or Restricted Territories, including those subject to international economic restriction measures and sanctions, such as those imposed by the United Nations; and

e) your organization is not a Sanctioned Person or is otherwise or affiliated with companies, groups, or entities subject to restrictions and sanction regimes, nor does it otherwise represent such Sanctioned Persons.

We retain the right to assess your eligibility to access and use our Services at any time by evaluating your adherence to the eligibility criteria outlined above. In the event of amendments, modifications, or expansions of eligibility criteria, we may reevaluate your eligibility accordingly. We may request proof of eligibility if deemed necessary. All determinations, including initial and ongoing assessments of your eligibility, are final.

Account Registration

Users may access the Platform by connecting a compatible Web3 wallet. Upon connection, Users are required to complete Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) verification, which includes the submission of a valid identification document such as a passport or government-issued ID. Age verification is conducted as part of the KYC/AML process. As the Platform does not operate an account-based registration system, no additional registration fields or preliminary onboarding steps are required beyond the completion of KYC/AML. By connecting a wallet and proceeding with verification, you acknowledge and agree to be bound by the Platform’s Terms of Service and Privacy Policy.

Third-Party Representation

Each user must register their own Account. We do not allow third parties, including legal representatives, to register an Account on someone else’s behalf. By accepting these Terms, you confirm that the registration is made personally by you, for your own use. Any attempt to create an Account through a third party is strictly prohibited and may result in the suspension or termination of the Account. Users are solely responsible for their own registration and use of the Services under these Terms.

Account of Minors

FVC Digital does not allow registration and opening of accounts for minors.

Limitation on Multiple Accounts

By accepting these Terms, you confirm that you are registering an Account for your own use and on your behalf. Each user, whether a natural person or a legal entity, is permitted to create and operate only one Account. FVC Digital may implement measures, including verification checks conducted during the KYC/AML process, to confirm the authenticity of Users and to prevent misuse of the Platform’s services. If multiple or duplicate account registrations are detected, the Platform will decline the user’s verification to uphold account integrity.

Account Closure

Where access to the Platform is authenticated through a connected digital wallet, we do not store, access, or control your private keys, nor do we exercise custody over your wallet. Any off-chain information that you voluntarily provide to us, such as contact details or user preferences, may be deleted upon request by contacting our support team. We may require verification of wallet ownership before processing such requests.

Following receipt of a valid deletion request, the applicable off-chain data will be removed from our systems within a reasonable period, unless retention is required under applicable law. If you wish to discontinue your use of the Platform, you may request closure of your User profile or services by contacting support, and we will provide guidance on any steps required to complete the process.

Please note that information recorded on public blockchains, including wallet addresses and all associated on-chain activity, is immutable and cannot be altered, erased, or otherwise removed by the Platform.

Account Suspension and Termination

We retain the right to suspend, restrict, or terminate your access to our Services at our sole discretion under various circumstances, including but not limited to the following:

a. We have reasons to believe that your actions may harm our reputation or have resulted in adverse consequences for FVC Digital;

b. We are legally obligated to do so by a regulatory authority, court order, law enforcement request, or any other competent authority;

c. There are reasonable grounds to suspect a breach of these Terms or any other applicable agreement;

d. We suspect unauthorized or fraudulent access to your Account, or believe that login into your Account has been initiated without your consent or knowledge, or suspect any other compromise in the security of your Account;

e. There are reasonable grounds to believe that a Transaction or an Order is erroneous;

f. There are reasonable grounds to suspect money laundering, terrorist financing, fraud, or other financial crimes associated with your Account, or your Account is believed to be non-compliant with the applicable laws and regulations and associated with heightened risks regarding regulatory norms and requirements;

g. Your Account is subject to ongoing or pending litigation, investigations, or legal proceedings; and/or

h. Your Account has been involved in any Prohibited Use activities and/or Prohibited Businesses as outlined in these Terms;

In the event of suspension or termination of Services, whether temporarily or permanently, your access to the Services or any part thereof will be ceased without notice and with immediate effect. We reserve the right not to provide you with any reasons for the suspension, restriction, or termination of your access to the Services. You agree and acknowledge that we may not disclose specific reasons for suspension or termination of your access based on internal confidential criteria aimed at maintaining security and complying with relevant legal requirements related to risk mitigation and prevention of illicit activities and financial crime, and that any and all criteria pertaining to the decision-making on modification, restriction, suspension, and termination of your access to our Website, and/or Services will not be disclosed to you or any unauthorized third parties under any circumstances, except in cases required by applicable law or judicial decision.

We retain the right to share any information submitted to us with competent authorities to ensure compliance with the anti-money laundering and terrorist financing laws and regulations and other relevant legal requirements. This action may be taken if we have substantial grounds to believe that your Account is associated with fraudulent activities, money laundering, terrorism financing, or other financial crimes. Additionally, should we be unable to conclusively ascertain a User’s affiliation with any of the aforementioned illicit activities, we may disclose such information to competent authorities for their evaluation.

KYC/AML Verification Process

KYC/AML Verification is a procedure conducted by us to assess the background and eligibility of our customers for opening an account in accordance with the requirements and provisions of the Law of Virgin Islands on Anti-Money Laundering and Terrorist Financing Code of Practice (“AML/CTF Act”). We ensure that KYC/AML Verification procedures are conducted for all users registering an Account in strict adherence to the due diligence measures prescribed by the AML/CTF Act.

The KYC/AML Verification process is an essential component of our commitment to ensuring a secure and compliant environment for our Users. As part of this process, we collect and process certain personal information to fulfil our legal obligations and enhance the security of our Services. We undertake the collection and processing of personal information in strict accordance with our own Privacy Policy. It is crucial that you review and familiarize yourself with our Privacy Policy to understand how your personal data is collected, used, and protected within our ecosystem.

Third Party Services

By submitting the information required as part of the KYC/AML verification process, you authorize the Platform and its designated verification provider to conduct identity verification, sanctions screening, and other checks necessary to satisfy applicable compliance obligations.

Where access to the Platform is authenticated through a connected digital wallet, Users are required to complete KYC/AML verification before accessing restricted features. The verification process generally requires Users to upload a valid government-issued identification document, such as a passport or national ID, and to complete any additional verification steps requested by the verification provider. Age verification is conducted as part of this procedure.

The Platform may engage an independent third-party service provider to perform components of the KYC/AML verification process. All verification is conducted in accordance with applicable regulatory standards and the provider’s technical capabilities. Additional verification steps may be requested where necessary to confirm the User’s identity or to meet legal or risk-management requirements.

Data Accuracy

By providing us with the information required for identity verification and KYC/AML Verification, you affirm that all the information you submit is true, accurate, and complete. You also confirm that you have not intentionally concealed or manipulated any information to influence the outcome of our assessment. If any submitted information is found to be false, inaccurate, or incomplete, you agree to promptly correct these inadequacies by providing additional documents and records to rectify the aforementioned omissions.

Notification of Changes

In the event of any changes in circumstances that affect the accuracy and integrity of the information you provided, you are obligated to promptly inform us of such changes and provide up-to-date information accordingly.

Disclosure to Authorities

We retain the right to share any information submitted to us with competent authorities as per the AML/CTF Act and other relevant legal requirements. This action may be taken if we have substantial grounds to believe that the provided information is associated with fraudulent activities, money laundering, terrorism financing, or other financial crimes. Additionally, should we be unable to conclusively ascertain a

User's affiliation with any of the aforementioned illicit activities, we may disclose such information to competent authorities for their evaluation.

Users may deposit supported cryptoassets by connecting a compatible wallet to the Platform’s decentralised application (dApp). Deposits are executed when the User signs the applicable smart contract transaction, and no funds or digital assets shall be moved, accessed, or otherwise transacted without the User’s explicit and verifiable approval. The Platform does not currently support fiat deposits or third-party payment methods. Any future expansion of supported funding methods will be communicated upon implementation and may be subject to applicable regulatory requirements.

Please note that the processing time for cryptoasset deposits depends on the confirmation requirements of the relevant blockchain network. Delays, interruptions, or failures attributable to network congestion, maintenance, or other factors outside the Platform’s control may affect deposit timing, and the Platform shall not be liable for such disruptions.

Users are responsible for ensuring that only supported cryptoassets are transferred to the Platform. The Platform is not responsible for any loss arising from deposits made using incompatible wallets, incorrect network selections, or unsupported assets.

The Platform currently does not support any form of withdrawals, whether in cryptocurrency or fiat currency. Users should be aware that all assets transferred to or interacted with through the Platform remain under the User’s own control via their connected wallet, and no withdrawal functionality is currently provided. Should withdrawal features be introduced in the future, the applicable procedures, requirements, and limitations will be communicated through an updated version of these Terms.

Users are responsible for any blockchain network fees (“Gas Fees”) incurred when interacting with the Platform. Gas Fees are determined exclusively by the relevant blockchain network and may fluctuate based on network congestion or other technical factors outside the Platform’s control. The Platform does not impose any additional fees for the use of its Services, and no deposit, withdrawal, or service-specific fees are charged by the Platform. Where applicable, third-party fees associated with blockchain transactions may apply, and Users are responsible for reviewing such costs before authorizing any transaction.

While we try to ensure that information about the Fees provided in these Terms as well as on the Website remains accurate and up-to-date, the actual Fees paid by you in connection with your use of our Services and interaction with the blockchain may vary from the information and estimates reflected in these Terms as well as on our Website. By engaging with our Services, you agree that you have made yourself informed about the dynamic nature of Gas Fees and exercise due diligence in understanding the associated costs of your transactions by appropriate means that may include reviewing and verifying all Gas Fees at the time of execution or after execution through the applicable blockchain explorer. For clarity, only blockchain-imposed Gas Fees apply, and no percentage-based platform fees are charged by us.

Prohibited Use

Your engagement with our Services must adhere to the principles of genuineness, competitiveness, fairness, and transparency. This section outlines practices that are strictly forbidden in relation to the Services and are considered violations of these Terms, subject to sanctions and remedies. The following actions and omissions are strictly prohibited in relation to your access to and use of our Services and shall constitute a breach of these Terms:

• Engaging in any activity that violates the laws, regulations, or legal instruments of countries where we operate, including but not limited to the laws of BVI, and laws and regulations applicable to you, including, without limitation, illegal or otherwise prohibited trade, tax evasion, illegal gambling, fraud, money laundering, or terrorist activities.
• Engaging in any activity that violates international sanctions regimes, such as those imposed by the United Nations.
• Any act or attempt to deceive or trick any User or FVC Digital in connection with any activity performed by you through the use of our Services, including activities that may interfere with, impact, disrupt or otherwise adversely affect other Users’s ability to use the Services and enjoy their functionality. Additionally, such activities shall include soliciting third parties to commit the aforementioned acts or interacting with other Users or third parties to disrupt, coerce, intimidate, manipulate, or interfere with other Users’ activities and/or the Services.
• Activities with the intent to disrupt the normal operation of the Services, including activities that may interfere with, impact, disrupt, or otherwise adversely affect the provision of Services to you and other Users.
• Attempting to circumvent or otherwise compromise the safeguarding and security measures imposed by us in regard to access to the Services and the Website, in particular, the use of VPNs. In connection with the foregoing, engaging or attempting to engage with the Services from a jurisdiction that was determined by FVC Digital to be restricted or prohibited, including jurisdictions related to the residence of Restricted and Prohibited Persons, including by means of accessing the Services through an IP address associated with any of the aforementioned jurisdictions, is prohibited.
• Engaging in actions detrimental to cybersecurity, such as using unauthorized automated interfaces, attempting to overload or interfere with our systems, unauthorized access to customer accounts, introducing malware or malicious code, and other activities.
• Involvement in activities that infringe or violate intellectual property, including copyrights, trademarks, and trade secrets, without prior consent or authorization from us, constituting an infringement or violation of intellectual property laws;
• Use the Services in a way that, at our discretion, is aimed at committing acts of harassment, intimidation, abuse, harm, defamation, profanity, stalking, hate, threat, discrimination, violence, racial or any other form of intolerance, as well as intends to incite, encourage, or otherwise facilitate any of the aforementioned acts in regard to any User, FVC Digital, or person connected with FVC Digital;

These provisions apply to all Services provided by us without exception. We reserve the right to deny services and immediately terminate any relationship with Users engaged in any of the aforementioned Prohibited Use activities.

Disclaimer of Liability

Any and all events of our indemnification, warranty, limitations of losses, and limitations of liability, shall be excluded to the fullest extent permitted by applicable law, unless explicitly stated otherwise herein. These Terms, along with any other agreements between you and us, shall not in any way exclude or limit liability that may not be limited or excluded under the relevant law.

You acknowledge and agree that in the event of a dispute with any User, neither we nor any of our partners, affiliates, service providers, officers, directors, employees, representatives, or any other affiliated parties or individuals shall bear any liability for claims, losses, actions, demands, costs, expenses, or damages arising from or related to such disputes. Any disputes of this nature shall be resolved solely between the concerned Users, irrespective of any affiliations with our aforementioned affiliates or ourselves.

Under no circumstances and in no event shall we, our affiliates, service providers, officers, directors, shareholders, members, attorneys, agents employees, representatives, and any other affiliated parties be liable in any manner, whether in contract, tort, negligence, strict liability, or otherwise, for any direct damages or consequential, indirect, incidental, special, exemplary, punitive or similar damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, including (without limitation), if and to the extent that they might otherwise not be included in the foregoing, unforeseen financial losses, loss of opportunity, loss of capital, or business interruption, whether or not foreseeable, including in cases where you have been previously notified of the possibility of such damages arising, in connection with these Terms of Services or any other agreement, as well as your use or attempted use of our Website, Services, information, materials, views, opinions, projections, or estimates, except to the extent required by law, arising out of or in connection with and resulting from, without limitation: (a) your access to or use of, or inability to access or use, the Platform; (b) your acceptance of these Terms or entry into any agreement with the Platform; (c) any inaccuracy, omission, or delay in the information provided by the Platform; (d) any interruption, delay, or failure of the Platform arising from events outside our reasonable control, including system outages, technical failures, or force majeure events; and (e) any other matter relating to the performance or non-performance of the Platform’s interface, features, or services made available to you.

This limitation of liability also encompasses the following: (a) damages, interruptions, and errors caused by computer viruses, malicious software, spyware, scamware, Trojan horses, worms, or any other malicious software or malware that may affect the operational state of your hardware and software and their security;

(b) any phishing, spoofing, domain typo squatting, Network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, mining difficulties, failure or malfunction of any communication, electronic and mechanical equipment, telephone, or other interconnection devices, changes in cryptography or consensus rules, branching of cybersecurity, hacking, and other relevant events, including force majeure events; (c) delays, disruptions, failures, disconnections, or malfunctions related to the processing of transactions or provision of Services; (d) unknown vulnerabilities or unanticipated changes to the Network; (e) server failures and loss and incorrect processing of data, including the events of incomplete processing, or the combination thereof; (f) erroneous or incorrectly compiled and/or initiated transactions; (g) any actions or inaction undertaken by us inrelation to your instructions or communication; (h) errors or any kinds, including, without limitation, typographical, printing, and human errors; (i) destruction, theft, loss, or unauthorized access to any content displayed on our Website, and through our Services; or any other matter related to the Services, Website, or any other aspect of the foregoing. We have no control and shall have no obligation to take any action regarding any of the foregoing, including any third-party content provided to you through our Services, in which case any terms, conditions, representations, warranties, and liabilities in relation to any such content shall be governed by the applicable agreements between you and any such third party.

Additionally, we shall not be liable for any damages arising from amendments, introductions, enforcement, repeal, or alteration of legislation, regulations, policies, and laws in force at any given time or date.

Without limitation of any provision of these Terms, excluding the cases of personal injury in accordance with applicable law, the aggregate maximum liability arising out of or in connection with these Terms, whether in contract, tort, misrepresentation, breach of statutory duty, breach of fiduciary duty, restitution, or otherwise, shall not exceed the total value of the Flat Fees paid by you under these Terms, if any, in the three (3) months immediately preceding the event giving rise of the claim of liability. Any claims or actions arising out of or in connection with these Terms, whether in contract, tort, misrepresentation, breach of statutory duty, breach of fiduciary duty, restitution, or otherwise, shall be brought within three (3) months from the date on which the cause of action accrues. Claims not brought within this time limitation shall be deemed waived.

We are not obligated to provide cryptocurrency as compensation for damages or as a remedy. This disclaimer of liability supersedes any other section, provision, or statement in these Terms.

Disclaimer of Warranties

Our Services, Platform, and any other aspect of the Services are provided to you on an “as is” and “as available” basis, without any warranties, whether express, implied, or statutory. We do not provide warranties of title, merchantability, data accuracy, system integration, quiet enjoyment, fitness for a particular purpose, or non-infringement. We do not make any guarantees that access to our Services will be continuous, uninterrupted, timely, or error-free.

Any information, materials, views, opinions, projections, or estimates we provide are for informative purposes only and are subject to change without prior notice. You are solely responsible for assessing the relevance, timeliness, accuracy, adequacy, completeness, reliability, and value of the information, materials, views, opinions, projections, or estimates provided on through our Services. We bear no liability for any direct or indirect damage or loss resulting from your use of this information.

We shall not and will not provide you with any software other than your access to the Services provided by FVC Digital in accordance with these Terms. In connection with the foregoing, you understand that the Services, blockchain technology, the Network, its ecosystem, and other cryptocurrency-related products and services are new and untested technologies outside of our control. Adverse changes in market forces, law, or technology shall excuse our performance under these Terms.

Furthermore, you agree and acknowledge that transactions utilizing blockchain technology are susceptible to various potential failures. These include but are not limited to, high volume on the Network, computer failure, blockchain failure of any nature, user failure, platform hacking, and telecommunication or internet failure or disruption. We shall bear no responsibility for any loss of data, or other cryptocurrency, hardware, or software arising from any form of failure, theft, or hacking.

None of our Services or information provided through them should be considered investment, financial, regulatory, tax, or legal advice. You should seek such advice from qualified professionals independently. Any decisions related to the use of our Services without professional advice are your own responsibility.

You acknowledge that any statements you rely on regarding the above notions are derived directly from these Terms, unless explicitly stated otherwise.

To the fullest extent permitted by applicable law, you hereby undertake to indemnify and hold us, along with any of our partners, affiliates, service providers, officers, directors, employees, representatives, and other affiliated parties or individuals (“Indemnified Party”) and each of their respective past, present, and future predecessors in interest, successors in interest, successors, predecessors, parent companies, subsidiaries, affiliates, employees, agents, representatives, insurers, heirs, devisees, executors, administrators, fiduciaries, trustees, conservators, officers, directors, members, managers, shareholders, attorneys, advisors, and assigns harmless from any and all past, present, or future claims, actions, causes of action, class actions, costs, demands, obligations, expenses, injuries, judgments, losses, suits, damages, fees, interest, expenses, compensation, class actions, or causes of action for declaratory or injunctive relief, restitution, compensatory, general, special, statutory, or punitive damages of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, liquidated or unliquidated, anticipated or unanticipated, suspected or unsuspected, past, present, or future, direct or indirect, contingent or absolute, whether individual, collective, or representative, and whether based on tort, contract, or other theories of recovery, including, without limitation, reasonable attorneys’ fees and other costs of defense arising from the use of the Services by you or any third party, including but not limited to:

1. Breach of any terms or conditions set forth in these Terms by you, including those arising from your use of our Services;
2. Intellectual property infringement, such as use of the Services that infringes on our intellectual property rights, including in cases set forth in these Terms;
3. Third-party claims, including events of claims or suits against us brought up by a third party due to your actions;
4. Personal and security data breaches caused by your actions or negligence;
5. Misuse of Services, if such misuse breached any of the terms and conditions outlined in these Terms and/or causes damages to us and/or other Users;
6. Unlawful activities, such as violation of laws and regulations, or the rights of any third party;
7. Harm to our reputation, if your actions have caused harm to our reputation as a Service provider;
8. Cancellation or termination of any transactions resulting in a negative balance;
9. Feedback, comments, or submissions provided by you.
   

We collect, use, and share your personal information in accordance with our obligations and legal requirements laid down by applicable law. To gain a deeper understanding of our data collection, usage, storage, sharing, and transfer practices, as well as your rights as a data subject, please refer to our Privacy Policy. This Privacy Policy is an integral part of these Terms and should be considered in conjunction with other provisions contained herein.

Intellectual Rights Ownership

FVC Digital shall retain all intellectual property rights in regard to the Services, the Website, and other relevant materials and content presented in connection with FVC Digital. We reserve all rights, title, and interest in their intellectual property, encompassing patents, designs, copyrights, related rights, database rights, know-how, confidential information, trademarks, goodwill, trade names, rights to apply for registration, inventions, discoveries, processes, methods, compositions, formulae, techniques, information, and data, whether patentable, copyrightable, or protectable in trademark, and all trademarks, copyrights, or patents derived from them (“IP Rights”).

Our IP Rights shall include all other rights of a similar nature or having an equivalent effect worldwide, whether currently existing or recognized in the future. Our IP Rights further extend to applications, extensions, and renewals. You may not utilize any of our IP Rights without our express, prior, written consent, which may be granted at our sole discretion and may be revoked at any time. Except as expressly provided in these Terms, you shall not be entitled to any IP Rights for any purpose. We retain sole ownership, including all rights, title, and interests in and to our IP Rights. You explicitly understand and acknowledge that by accessing and using our Services pursuant to these Terms, you shall not:

• acquire or be entitled to any IP Rights;
• make any claims related to the IP Rights or equivalent rights; or
• use, attempt to use, copy, imitate, or modify any IP Rights without the prior our written consent.

Furthermore, under no circumstances shall you acquire any proprietary rights in any computer hardware or software used by FVC Digital or our affiliates.

Limited License

Hereby you are granted a limited, personal, non-commercial license to use materials and content protected by intellectual property rights solely in connection with your use of our Services. Any use of these materials and content beyond the scope of this license constitutes an infringement of intellectual property rights and may lead to legal action initiated by us.

Prohibited Actions

Distribution and sharing of our materials and content on third-party websites, file hosting apps, and similar services are strictly prohibited. Additionally, we forbid reproduction, display, public performance, distribution, and use of our materials and content for any public and commercial purposes.

Any copying or sharing of our materials and content must be preceded by a formal request for permission from us, which will be granted only through a written notice explicitly permitting such actions. Furthermore, you agree to retain any watermarks, copyright signs, and other relevant copyrights and proprietary notices associated with these materials and content as originally provided.

Modification, Alteration, and Sale

Modification, alteration, and sale of our materials and content are strictly prohibited and subject to the protections afforded by intellectual property regulations.

In the event that you provide any suggestions to us or any party indemnified under the Terms herein, you hereby acknowledge that all rights, title, and interest pertaining to such suggestions shall become our exclusive property, regardless of whether you designate the suggestions as confidential or proprietary. The indemnified parties retain the unrestricted right to use, transfer, and hypothecate these suggestions. You hereby irrevocably assign to us all rights, title, and interest in and to such suggestions and agree to provide any necessary assistance to us for documenting, perfecting, and maintaining our rights in the suggestions.

Terms of Arbitration for Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with this Terms of Service, including any disputes regarding its existence, validity, breach, or termination, shall be finally settled by arbitration under the British Virgin Islands International Arbitration Centre (“BVI IAC”), specifically following the BVI IAC 2012 Rules (“the Rules”) pertaining to resolution disputes, in force on the date of commencement of the proceedings.

The arbitration proceedings and the resolution of disputes shall be governed by the substantive laws of BVI, including the Rules pertaining to resolution disputes, excluding any conflict of law principles that may lead to the application of laws other than those of BVI.

The validity, existence, scope, and enforceability of this arbitration clause shall be governed by the laws of BVI, specifically following the Rules pertaining to resolution disputes.

The seat of arbitration shall be Tortola, BVI. All arbitration hearings and related proceedings shall take place at the premises of the BVI IAC, located at 3^rd Floor, Ritter House, Wickham’s Cay 11, Tortola, VG1110, BVI.

Institutional arbitration shall apply, and the arbitration proceedings shall be conducted under the auspices of the BVI IAC, specifically following the Rules pertaining to resolution disputes.

The arbitration may be conducted either by a sole arbitrator or by a tribunal of three arbitrators, as agreed by the parties. Arbitrators shall be appointed promptly upon receipt of the Notice of Arbitration and no later than thirty (30) days thereafter. If the parties fail to agree on a sole arbitrator within this period, or if no appointment has been made, the sole arbitrator shall be appointed by the CEO of the BVIIAC upon request.

If the parties agree to appoint three arbitrators, each party shall appoint one arbitrator within the same thirty

(30) day period. The two appointed arbitrators shall then jointly appoint a third arbitrator to serve as the presiding arbitrator, subject to confirmation by the BVIIAC.

The language of the arbitration proceedings shall be Spanish or parties agree for it to be held in English.

The arbitral award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Explicit Waiver of Dispute Resolution by Trial, Class Arbitration, and Representative Proceedings

By agreeing to these Terms, you expressly and irrevocably waive any right to a trial by court or to have any dispute, controversy, or claim arising out of or in connection with these Terms heard by a court of law. You agree to resolve any and all such disputes exclusively through arbitration as per the terms outlined in this Section. This waiver applies to any action, suit, or proceeding in any jurisdiction, whether at law or in equity, arising out of or in connection with these Terms.

Furthermore, you expressly agree that any dispute, controversy, or claim arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved through individual arbitration.

There shall be no class arbitration, consolidated arbitration, or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Furthermore, no dispute may be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.

Only individual arbitration will be allowed under these Terms, and the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. Any relief awarded to an individual shall be limited to the relief specifically provided for in these Terms.

Initiating Dispute with FVC Digital

If you have any inquiries or wish to raise a complaint or dispute, you may contact us through the support channels made available on the Platform, including by email at info@fvcdigital.com or any other communication method designated for such purposes. All submissions received through these channels will be reviewed by the appropriate internal team responsible for handling user matters.

We generally address disputes relating to matters such as access difficulties, questions regarding the use of the Services, concerns about service performance, or any other issues that may reasonably arise in connection with your interaction with the Platform. To enable us to review your submission effectively, you may be required to provide certain basic information, including:

• Your full name;
• Your contact information;
• The date on which the issue occurred or was discovered;
• A description of the matter being raised; and
• Any additional information or supporting materials that may assist in assessing the issue.

Once your submission is received, it will be recorded in our internal system and reviewed in accordance with our standard procedures. Throughout the review process, we may contact you to request additional information if needed. Upon completion of our assessment, we will provide you with a response outlining the outcome of the review.

We maintain records of disputes and related correspondence in accordance with our internal policies and applicable legal requirements. These records are retained solely for compliance, operational, or auditing purposes.

Please note that the availability of any appeal, escalation, or secondary review process may vary depending on the nature of the issue, internal policies, and applicable regulatory requirements.

You agree and acknowledge that we shall not be liable for any performance failures, events of downtime, interruptions, unavailability of our Services, as well as other malfunctions and delays resulting from any event or cause occurring regardless of our forecasting and beyond our direct and indirect control (“Force Majeure”). The following circumstances shall be deemed Force Majeure within the meaning of these Terms: earthquake, flood, fire, government regulations or orders of state bodies; economic blockades and embargoes; risk of international, supranational and national sanctions and the inclusion of any person in the corresponding sanction list, User's incarceration, imprisonment or arrest, acts of war, natural and nuclear disasters, epidemic and pandemic, acts of military and civil authorities, terrorism, sabotage, strike or other relevant labour dispute, accident, proclamation and enforcement of state of emergency, malfunction of any soft- and hardware, communication lines and means, Internet and Network service providers.

If the User becomes subject to international, supranational or national financial and other sanctions, whether directly or indirectly, regardless of their legally binding effect on us, we have the right to withdraw from these Terms unilaterally without giving a prior notice of withdrawal. All and any transactions and relationships concluded or executed with you subject to the aforementioned sanctions, whether directly or indirectly, will be terminated and your access to your Account and our Services will be terminated immediately.

You hereby acknowledge and agree that your access to and utilization of our Services is entirely your own responsibility, undertaken at your own risk. The risk associated with engaging in cryptocurrencies is high. Prior to utilizing our Services, you should, at your own discretion, assess your financial and circumstantial circumstances and evaluate whether the use of our Services is suitable for you. You must be aware of the potential for complete and irreversible loss of your financial assets and recognize that recovering from such a loss may prove to be challenging or even impossible.

You hereby affirm and acknowledge that the risk involved in transacting, exchanging, and trading cryptocurrencies is significant, and you may incur losses within a short span of time. The liquidity profile of cryptocurrencies is subject to constant and unpredictable fluctuations, which may be substantial, and transactions involving cryptocurrencies may be irreversible, potentially resulting in significant or complete losses in cases of fraudulent or accidental transactions, with recovery being difficult or impossible. In addition, cryptocurrency markets may cease to exist due to the unwillingness of participants to use or exchange a particular cryptocurrency, resulting in irreversible loss of your funds contributed in that specific cryptocurrency. Note that the aforementioned risk factors are not exhaustive and may vary depending on changes in legislation, your financial status, and other factors related to the use of cryptocurrencies, including by means of engaging with our Services.

You recognize that the successful development and completion of our Services, as well as the realization of its intended functionalities, are subject to various factors, including technical challenges, regulatory changes, and the effectiveness of the development team. You understand that any of the foregoing aspects of our Services may not be completed or may not function as intended.

You acknowledge that the stability of the Services, including the Network, may be influenced by factors beyond the control of us, including but not limited to hacking attempts, distributed denial-of-service attacks, and other security breaches. This stability may be affected by other various factors, including but not limited to insufficient funding, fluctuations in the value of funding received, the departure of key team members, challenges in recruiting necessary personnel, insufficient public support, competitive pressures, or the failure of third-party service providers and partners to fulfil their obligations effectively. The contingency of the provision of the Services to you is subject to a range of external variables, and there is no assurance that the Services will be provided uninterruptedly and without error.

You recognize the inherent risks associated with blockchain and smart contract technologies, including the risk of bugs, flaws, or vulnerabilities that may be exploited by malicious actors. You understand that the security of the Services and the Network is contingent upon the effective implementation of security measures. You further acknowledge and agree that the security of your login details and associated credentials, including but not limited to passwords, private and public keys, identifiers, passphrases, backup data, and other pertinent data, including those attributable to third-party apps and service providers is entirely your individual responsibility. You are obligated to maintain control over your security details to preclude unauthorized access, unauthorized use, loss, modification, alteration, theft, or breach of your security data. By agreeing to these Terms, you acknowledge your understanding and acceptance of your responsibilities for maintaining the security of your credentials and data.

You understand and acknowledge that the commercial success of the Services and any and all products and services connected to them, is uncertain. We make no representations or warranties regarding the success of the Services or the Network or their adoption and utilization.

You understand that the use, value, availability, and exchange of cryptocurrencies are contingent upon the prevailing laws and regulations, which may change due to legislative amendments, introductions, or repeals. As such, you recognize that the regulatory environment for virtual asset, blockchain technology, and decentralized Networks is constantly evolving. Changes in regulatory requirements or interpretations may have a significant impact on the legal status, transferability, and value of cryptocurrencies as well as the overall state of provision of our Services, for which we assume no liability.

For more personalized inquiries, or other questions not explicitly covered by these Terms of Service, we maintain a dedicated Support Team. You may reach out to us through the following support channels:

● Contact-Us Form available on the Platform;

● Dedicated support email, info@fvcdigital.com

● Official Telegram channel, used for general announcements and communication;

We may also, at a later stage, provide additional support materials, including tutorial videos and expanded Help Center resources. We are committed to providing timely and effective assistance across the support channels made available to Users.

We prioritize transparent and timely communication with our Users regarding Account-related matters. To ensure you stay informed, we primarily utilize our website as our primary and official communication channel. As such, all important updates, notifications, and announcements related to our Services will be posted on our Website.

Access and Availability

We do not provide an assurance or warranty of flawless and uninterrupted access to our Services. Furthermore, while our customer support aims to offer timely and efficient responses within reasonable periods, we do not guarantee the specific timing of these responses. Under no circumstances shall we be held liable for any damages arising from events affecting the accessibility and availability of our Services.

Compliance with Applicable Law

It is your sole responsibility to ensure your compliance with all applicable laws, regulations, licensing requirements, and other relevant legislation. This includes but is not limited to, adhering to laws pertaining to personal data protection, anti-money laundering, the prevention of terrorist financing, and taxation.

We bear no liability for any breaches of applicable laws and regulations that may arise from your utilization of our Service. Furthermore, we shall not be held accountable for any damages or consequences resulting from such breaches.

Changes and Amendments to Terms

We reserve the right to make changes and amendments to these Terms and other agreements established by us to accommodate amendments in legislation or for other valid reasons. You will be notified of any such alterations via email and on our Website, with a minimum one-month notice period prior to their implementation. Please be aware that unless you object or provide written notice to us before the effective date of the changes and amendments, your acceptance is assumed. Within this one-month notice period, you shall have the right to terminate any agreement with us.

It is important to note that, in certain circumstances and to the extent permitted by applicable law, changes and amendments may need to take immediate effect or within a shorter notice period. In such cases, you will receive prompt notification of these modifications taking immediate effect, along with information regarding your right to promptly terminate the agreement and discontinue your use of our Services. Prior versions of these Terms and other agreements will remain accessible on our Website for your reference.

Tax Compliance

We do not provide tax advice and should not be regarded as a tax advisor. It is your sole responsibility to obtain independent tax guidance from qualified professionals within your jurisdiction. We do not control, determine, or influence whether your use of the Platform or participation in any activities offered through it gives rise to tax obligations in your jurisdiction, nor do we assume responsibility for any requirements relating to tax reporting, withholding, or payment to the relevant authorities. You remain solely accountable for understanding and complying with all tax laws applicable to you.

Interaction with Law Enforcement

We reserve the right to engage in correspondence and communication with law enforcement authorities, including but not limited to courts, regulators, and policymakers. Such communication may be initiated at our discretion concerning your utilization of our Services or in response to requests, inquiries, or orders from the aforementioned law enforcement authorities in compliance with applicable laws and regulations.

Entire Agreement

These Terms, along with all other agreements established by us, constitute the entire agreement between us and you. These Terms supersede and take precedence over any prior discussions, agreements, understandings, inducements, or representations, whether in written or oral form.

Severability

You acknowledge and agree that in the event any provision of these Terms is rendered invalid or unenforceable due to changes in, and the enactment of new versions of, laws, regulations, or other legal instruments by competent authorities in BVI, we will modify the affected provisions to ensure their subject matter remains valid and enforceable within the scope of applicable law as per the most recent amendments. Furthermore, the validity and enforceability of the other provisions of these Terms shall not be affected.

Change of Control

You acknowledge that in the event of us being acquired, merged, or transferred to another legal entity, your data, including personal data, may be disclosed to the acquiring third party in accordance with the rights arising from such acquisition, merger, or transfer.

Survival

Any provisions that, in accordance with applicable law and to the extent permitted by it, survive the termination or expiration of these Terms, including but not limited to the suspension, restriction or termination of your access to our Services, debts owed to us, general usage clauses and provisions, etc., shall remain in force and enforceable after the termination or expiration of these Terms.

Language

The original language of these Terms is English. Any translations, including those made by third-party tools and applications, as well as versions of these Terms in other languages provided by us or other third parties, are provided for your convenience and understanding and shall not be considered as accurate interpretations or representations of the original provisions. In case of any discrepancies or inconsistencies with the English language version of these Terms, the English language version shall prevail.

Governing Law and Jurisdiction

Irrespective of your location, these Terms and the relationship between you and us shall be governed by the laws of BVI.