Terms and Conditions

Thank you for choosing Simfy. The following Terms and Conditions (the "Terms") apply to any person who registers for and/or opens a Simfy Account through getsimfy.com or any associated mobile or web applications, websites, or APIs. The Terms constitute a legally binding agreement between you and Simfy Technologies Limited ("Simfy") and govern your access to and use of the Simfy cryptocurrency exchange platform (the ''Platform''). For these Terms, any reference to "we" "us" "our" "Simfy" and/or any similar term shall be construed as a reference to Simfy Technologies Limited. By registering for and opening a Simfy Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may apply to your use of the Simfy website and/or your Simfy Account, including but not limited to, those related to, taxes or foreign currency transactions. Please read these Terms carefully before using the Platform because they affect your legal rights and obligations.

Simfy is committed to managing your personal information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

Simfy may amend the Terms from time to time. You should visit the terms and conditions page on the Platform regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Platform, or sent to the email address associated with your Simfy Account. The continued use of your Simfy Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms or any amendment to them, you must immediately stop using the Platform and your Simfy Account.

Simfy implements and maintains the highest standards of Know Your Customer ("KYC") processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Simfy voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Simfy website. To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Simfy Account ("Identity Verification"). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Simfy Account. In certain circumstances, Simfy may also perform enhanced due diligence ("EDD") procedures in relation to your Simfy Account. You accept and agree that you will remain subject to such procedures at all times. Simfy reserves the right to, at any time: restrict or suspend your Simfy Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or terminate your Simfy Account if you provide, or we suspect you have provided, false information or refuse to provide the information we require for Identity Verification and/or EDD. You accept and agree that there may be delays in accessing your Simfy Account, or in carrying out transactions through your Simfy Account, while we undertake any Identity Verification and/or EDD procedures. Retention of information. Simfy is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Simfy. We reserve the right to keep such information and documentation for the required period and you accept and agree that the information and documentation you provide to Simfy may be retained by us, including following the closure of your Simfy Account.

The Simfy Wallet allows you to send, receive and store digital currency (together, "Simfy Wallet Transactions"). Supported Digital Currencies. The Simfy Wallet is only available in relation to the digital currencies that Simfy, in its sole discretion, decides to support ("Supported Digital Currency" or "Supported Digital Currencies"). The Supported Digital Currencies may change from time to time. Under no circumstances should you attempt to carry out a Simfy Wallet Transaction in relation to a digital currency other than a Supported Digital Currency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim: to any digital currency sent to a receive address associated with your Simfy Wallet where that digital currency is not a Supported Digital Currency; or to any digital currency sent to a receive address associated with your Simfy Wallet, where that receive address is associated with another digital currency. For example, you will have no access, entitlement or claim to any Bitcoin Cash (BCH) sent to a Bitcoin (BTC) receive address. Information about the Supported Digital Currencies can be found on the Fees and Features page of the Simfy website. Local Currency in your Simfy Wallet. Local Currency deposited into your Simfy Wallet is solely for (1) the purchase of Supported Digital Currencies and/or (2) Withdrawal to an approved bank account (see Withdrawals). You accept and agree that any such purchase will be subject to these Terms. Proceeds from the sale of Supported Digital Currencies will be credited to your Local Currency Simfy Wallet, less any applicable fees (as explained in Fees, and on the Fees and Features page of the Simfy website). Simfy does not pay interest on Local Currency or Supported Digital Currency balances held in your Simfy Wallet. Transaction instructions. Simfy will process Simfy Wallet Transactions according to your instructions. You accept and agree that Simfy does not: guarantee the identity of any user, receiver, or other party to a Simfy Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to Simfy; have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Simfy shall not be responsible for and will take no action in relation to, ensuring that any buyer or seller you transact with using your Simfy Wallet completes the relevant transaction or has the requisite authority to do so. Receiving digital currency. You may receive Supported Digital Currency in your Simfy Wallet by providing the sender with a recipient address generated in your Simfy Wallet. Your Simfy Wallet will only be credited with Supported Digital Currency sent to a receive address generated through your Simfy Wallet and associated with that Supported Digital Currency. For example, your Simfy Wallet will be credited with ETH when it is sent to an ETH receive address generated through your Simfy Wallet. Funds received in error/double deposits. In the event you become aware, know, suspect, or should reasonably know or suspect, that any Fiat Currency or digital currency has been credited to your Simfy Wallet (or to any bank account) in error (including double deposits), you must immediately notify Simfy of the error by submitting a ticket through the Simfy Support. YOU ACCEPT AND AGREE THAT YOU HAVE NO CLAIM OR ENTITLEMENT TO ANY FIAT CURRENCY OR DIGITAL CURRENCY RECEIVED IN ERROR (INCLUDING DOUBLE DEPOSITS), AND MUST IMMEDIATELY RETURN SUCH FUNDS IN ACCORDANCE WITH THE INSTRUCTIONS RECEIVED FROM Simfy. Simfy RESERVES ITS FULL RIGHTS TO RECOVER ANY FIAT CURRENCY OR DIGITAL CURRENCY SENT TO YOU IN ERROR (INCLUDING DOUBLE DEPOSITS) AND MAY, AT ITS SOLE DISCRETION, PURSUE CIVIL AND/OR CRIMINAL ACTIONS AGAINST YOU IF THE MONEY IS NOT RETURNED VOLUNTARILY. YOU ALSO AGREE TO INDEMNIFY Simfy FOR THE FIAT CURRENCY OR DIGITAL CURRENCY SENT TO YOU IN ERROR (INCLUDING DOUBLE DEPOSITS) AND ALL EXPENSES SENT IN RECOVERING THE FUNDS IF THE MONEY IS NOT RETURNED BY YOU VOLUNTARILY.

Where your identity has been verified, you may deposit Local Currency into your Simfy Wallet by depositing funds into a Simfy bank account (a "Deposit"). Details of the Simfy bank account into which you must make the Deposit will be provided to you by Simfy, and any such bank account will be held and operated by a Simfy operating entity in your country or region (for more information on these entities, see the Company Information page on the Simfy website). You accept and agree that any information you provide to Simfy may be shared with such local entity, which will process Local Currency transactions in accordance with Simfy's instructions. The payment methods by which you may Deposit Local Currency will depend upon the country you are in and are set out on the Fees and Features page of the Simfy website (for the purposes of these Terms, the "Supported Deposit Methods"). Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will be allocated to your Simfy Wallet. Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the "Deposit Requirements"): • you may only Deposit Local Currency from a bank account (or other Supported Deposit Method) compatible with the deposit methods available in your country or region; • you may only make Deposits denominated in the Local Currency associated with your Simfy Wallet; You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your Simfy Wallet, and/or restriction, suspension or termination of your Simfy Account. Allocation of deposits. When you request to make a Deposit through your Simfy Wallet, you will be provided with a Reference Number or Unique Deposit Amount. To permit the timely and successful allocation of a Deposit to your Simfy Wallet, you must use the Reference Number or Unique Deposit Amount when you make an online bank transfer or use any other Supported Deposit Method. Simfy will not be responsible for any delay in or non-allocation of Deposits to your Simfy Wallet where you fail to specify the required Reference Number or Unique Deposit Amount. Deposits may take time to reflect in your Simfy Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will Simfy have any liability to you in relation to any delay in or failure of a Deposit reflected in your Simfy Wallet. Simfy will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by Simfy and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by Simfy be USD10.00 or the equivalent in your Local Currency.

Where you have added your local bank account details to your Simfy Account, you may withdraw funds from your Simfy Wallet to your bank account (a "Withdrawal"). Simfy will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Simfy, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Simfy be under any obligation to reverse or amend any Withdrawal.Simfy will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Simfy website, but you accept and agree that Simfy provides no guarantee in relation to the Withdrawal processing period.

Simfy reserves the right to change our fees at any time. In certain circumstances, and at our sole discretion, Simfy may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers Send fees. You may be charged a fee to send Supported Digital Currency from your Simfy Wallet. Fees will apply where Supported Digital Currency is sent to a Supported Digital Currency address (e.g. a Bitcoin address). Withdrawal fees. All Withdrawals from your Simfy Wallet will incur a fee. Such fees will be displayed in your transaction history upon completion of the transaction. Instant Buy and Sell fees. The quoted exchange rate in relation to any buy or sell order placed using the Instant Buy and Sell service will include an amount to reflect Simfy’s facilitation of the relevant trade, the percentage of which will vary with market conditions. Trade fees. Simfy applies a [Maker / Taker fee structure] for customers using the Platform. Simfy will, at the time of any transaction on the Platform, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. Such fees will also be displayed in your transaction history upon completion of the transaction.

Simfy takes security very seriously. However, you are solely responsible for: • maintaining adequate security and control over your Simfy Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), or any other codes associated with your Simfy Account; • enabling any additional security features available to you on your Simfy account; • keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security; • maintaining security and control over the email mailbox, phone number or devices associated with your Simfy Account Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Simfy Account and the loss or theft of any digital currency and/or Local Currency balances held in your Simfy Wallet or any linked bank account(s). Simfy shall have no liability to you for or in connection with any unauthorised access to your Simfy Account, where such unauthorised access was due to no fault of Simfy, and/or any failure by you to act upon any notice or alert that we send to you. The security of your Simfy Account may be compromised, or interruption caused to it by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Simfy strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks. Care should be taken in reviewing messages purporting to originate from Simfy and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Simfy Account to review any transactions or required actions. To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Simfy Account and accept all risks of any unauthorised or authorised access to your Simfy Account. Private keys: Simfy securely stores all Supported Digital Currency private keys (“Private Keys”) associated with any Simfy Account. You accept and agree that Simfy shall retain full ownership and control of the Private Keys associated with your Simfy Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Simfy will not: • accept or adhere to any instruction to sign any data with a Private Key; • give access to any funds associated with your private keys, other than those of the Supported Digital Currency associated with your digital currency wallet; • allow only the creation of receive addresses linked to a Private Key through your Simfy Wallet. Simfy will not credit your Wallet with any digital currency sent to a receive address not generated by your Simfy Wallet.

While we will do everything we can to provide continuous operations, Simfy does not provide any warranty in relation to the availability of the Platform or your Simfy Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Platform or your Simfy Account and make no representation that the Platform, Simfy API, your Simfy Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

When you use your Simfy Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital currency network (e.g. the Bitcoin network or the Ethereum network). That digital currency network is solely responsible for verifying and confirming any such transactions. Simfy cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to you that the network has completed the transaction. You accept and agree that: • Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Simfy Wallet balance or be available to you to conduct transactions; • When you send digital currency from your Simfy Account, you are authorising us to submit your transaction request to the relevant digital currency network. Once a transaction request has been submitted to the relevant digital currency network, the network will automatically complete or reject the request and neither you nor Simfy will be able to cancel or otherwise modify your transaction. • Digital currency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Simfy so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital currency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital currency network used to process the transaction. Network protocols and operating rules. The underlying software protocols that govern the operation of the Supported Digital Currencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Simfy has no ownership of or control over these protocols. By using the Platform, you accept and agree that: • Simfy is not responsible for the operation of any digital currency network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality; the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital currency you store in your Simfy Account. Should a fork occur, Simfy may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and • In the event Simfy decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by Simfy and we will not buy or sell them.

Each of the following constitutes an "Event of Default": • your failure to make any payment to us or to any Associated Company of ours in accordance with the conditions set out in this Terms; • your failure to perform any obligation due to us; • where any Transaction or combination of Transactions or any realised or unrealised losses on any Transactions or combination of Transactions opened by you results in your exceeding any credit or other limit placed on your dealings; • the initiation by a third party of proceedings for your bankruptcy (if you are an individual) or for your winding-up or for the appointment of an administrator or receiver in respect of you or any of your assets (if you are a company) or (in both cases) if you make an arrangement or composition with your creditors or any other similar or analogous procedure is commenced in respect of you; • where any representation or warranty made by you in these Terms is or becomes untrue; • if Simfy suspects that you are engaged in money laundering activities terrorist financing card fraud or other criminal activities; • Simfy reasonably suspects that you opened the account fraudulently; • you are or become unable to pay your debts as and when they fall due; or • any other circumstance where we reasonably believe that it is necessary or desirable to take any action to protect ourselves or all or any of our other clients. If an Event of Default occurs in relation to your Simfy Account with us or in relation to any account(s) held by you with an Associated Company of ours, we may, at our absolute discretion, at any time and without prior notice: • close or part-close all or any of your transactions based on the then prevailing quotations or prices in the relevant markets or, if none, at such levels as we consider fair and reasonable and/or delete; • restrict activities in relation to your Simfy Account; • cancel or revoke any benefits awarded to you; and/or • take legal action for any losses suffered by Simfy.

Neither we nor our directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses incurred or suffered by you under these Terms unless arising directly from our or their respective gross negligence, wilful default or fraud. In no circumstances shall we have any liability for consequential loss or special damage. We shall not be liable for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, theft, destruction, malfunction or failure of transmission, communication or computer facilities, industrial action, acts and regulations of any governmental or supra national bodies or authorities or the failure of any relevant third party, intermediate broker, agent or principal of ourselves, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations. You will make all your own decisions to access and/or use our Platform or to enter into or execute any Transaction and/or Contract. You acknowledge and agree that our Platform does not and will not serve as the primary basis for any of your investment decisions concerning your Simfy Account. You are solely responsible for any investment or trading decisions you make with respect to products identified on our Platform and neither we nor our directors, officers, shareholders, partners, members employees, agents, service providers, legal representatives and/or affiliates (together our ‘Associates’) shall be responsible for determining whether any Transaction you enter into is suitable, appropriate or advisable. Neither we nor our Associates are and will be, by virtue of providing the Platform, an advisor or fiduciary for you or any Authorized Person. We shall have no obligation to contact you to advise upon appropriate action in light of changes in market conditions (including, without limitation, Market Disruptions) or otherwise. You acknowledge that the Market in fixed-income securities is highly speculative and volatile and that, following the execution of any transaction, you are solely responsible for making and maintaining contact with us for monitoring open positions and ensuring that any further instructions are given on a timely basis. In the event of any failure to do so, we can give no assurance that it will be possible for us to contact you and we accept no liability for loss alleged to be suffered as a result of any failure by you to do so. Without limitation, neither we nor our Associates accept any liability by reason of any delay or change in market conditions before any particular Transaction is effected. In no event will any liability of Simfy, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Platform or your Simfy Account, exceed (in aggregate) the fees earned by Simfy in connection with your use of your Simfy Account in the one month period immediately preceding the event giving rise to the claim for liability Without limitation, neither we nor any of our Associates shall be liable for any loss arising from any act or omission of any Agent, Broker, Authorized Person or other third party who performs services for you.

You represent and warrant to us, and agree that each such representation and warranty is deemed repeated each time you open or close a Transaction by reference to the circumstances prevailing at such time, that: • the information provided to us in your application form and at any time thereafter is true and accurate in all respects; • you are duly authorised to execute these Terms, to open each Transaction and to perform your obligations hereunder and thereunder and have taken all necessary action to authorise such execution, delivery and performance; • you will enter into these Terms and open each Transaction as principal; • any person representing you in opening or closing a Transaction will have been, and (if you are a legal entity) the person entering into this Terms on your behalf is, duly authorised to do so on your behalf; • where applicable, you have obtained all governmental or other authorisations and consents required by you in connection with this Terms and in connection with opening or closing Transactions and such authorisations and consents are in full force and effect and all of their conditions have been and will be complied with; • execution, delivery and performance of these Terms and each Transaction will not violate any law, ordinance, charter, by-law or rule applicable to you, the jurisdiction in which you are resident or any agreement by which you are bound or by which any of your assets are affected; • if you are an employee or contractor of a financial services firm or any other firm that has control over the financial transactions in which its employees and contractors deal, you will give us proper notice of this and of any restrictions that apply to your dealing; • you will not use our prices for any purpose other than for your own trading purposes, and you agree not to redistribute our prices to any other person whether such redistribution be for commercial or other purposes; • you will use the services offered by us pursuant to these Terms in good faith and, to this end, you will not use any electronic device, software, algorithm, or any trading strategy (‘Device’) that aims to manipulate or take unfair advantage of the way in which we construct, provide or convey our prices. You agree that using a Device whereby in your dealings with us you are not subject to any downside market risk will be evidence that you are taking unfair advantage of us; • you have considered your own financial circumstances, needs and objectives and concluded that dealing in trading activities is appropriate for you. You warrant that you understand the risks, terms and conditions of Transactions entered into by trading on the Platform, (regardless of information supplied by Simfy) and are willing to take on those risks; • Simfy does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of Income in relation to any funds deposited or any Transactions undertaken; • no part of any funds remitted by you have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. You agree to provide such information related to your business and financial affairs as may be reasonably requested by Simfy in order to comply with the Anti-Money Laundering Act or other legislative requirements.

You agree that you shall not take any action or enter into any course of conduct which would breach Applicable Regulations and/or will or may alter, distort or manipulate the relevant Underlying Market in relation to any Transaction contemplated by these Terms. You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that we have applied to our Platform and/or computer system(s). If, at our sole discretion, we were to determine that you are in breach of this clause, we reserve the right to take all action as we see fit, including, without limitation, completely blocking your access to our Platform, blocking and/or revoking your Access Codes and/or terminating your Simfy Account. Under these circumstances, we reserve the right to seize any profits and/or revenues generated directly or indirectly by exercising any such prohibited trading activity and we shall be entitled to inform any interested third parties of your breach of this clause; we have, and will continue to develop any tools necessary to identify fraudulent and/or unlawful access and use of our Platform. We shall have no obligation to contact you to advise upon appropriate action in light of changes in market conditions (including, without limitation, Market Disruptions) or otherwise. You acknowledge that the trades on the over-the-counter market in leveraged financial instruments are highly speculative and volatile and that, following the execution of any Transaction, you are solely responsible for making and maintaining contact with us and for monitoring your open positions and ensuring that any further instructions are given on a timely basis. In the event of any failure to do so, we can give no assurance that it will be possible for us to contact you and we accept no liability for loss alleged to be suffered as a result of any failure by you to do so. Without prejudice to any other provisions of this Terms, you agree to indemnify us and hold us, our Affiliates and any of our Associates, harmless from and against any and all liabilities, losses, damages, costs and expenses, including, without limitation, legal fees and expenses incurred in connection with and/or directly or indirectly related with, any fraudulent and/or unlawful access and use by you of our Platform and/or the prevention and/or remediation thereof, provided that any such liabilities, losses, damages, costs and expenses would not have not arisen, but for our gross negligence, fraud or wilful default. The Company may allow you to manage more than one trading account on its Platform. Such an offering is only available for the management of more than one trading account belonging to you. You hereby represent, warrant, and agree that you will not use this facility to manage trading accounts not belonging to you without obtaining the Company’s prior written consent.

You acknowledge that by opening an account with us and opening or closing Transactions, you will be providing us with personal information. You consent to us processing all such information for the purposes of performing the contract and administering the relationship between you and us. You consent to our disclosing such information: • where we are required to by law or following a request by law enforcement agencies; • to affiliates; • to service providers and business partners with whom we have a mutual relationship; • to such third parties as we deem reasonable; • where it is necessary in order to prevent or investigate crime; and • to such third parties as we see fit to assist us in enforcing our legal or contractual rights against you including but not limited to debt collection agencies and legal advisors. You authorise us, or our agents acting on our behalf, to carry out such credit and identity checks as we may deem necessary or desirable, including requesting a reference from your bank from time to time and you agree to assist us, where necessary, in obtaining such a reference. You authorise us our affiliates or any trading partner to telephone or otherwise contact you at any reasonable time in order to discuss any aspect of our business of our affiliates' business or of our trading partner’s business. If you do not wish us, our affiliates or our trading partners to so contact you for any direct marketing activities, you must inform us in writing. Communications between you and any of our support teams are confidential. You agree to never disclose such conversations to any third party or on any social media. You may disclose conversations with regulatory bodies for the purpose of any complaints or investigations by such regulatory bodies.

Simfy reserves the right to restrict, suspend or terminate your Simfy Account where: • we reasonably suspect your Simfy Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified; • we reasonably suspect your Simfy Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms; • we reasonably suspect you or your Simfy Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime; • we reasonably suspect you of taking any action that Simfy considers to be a circumvention of Simfy’s controls, including but not limited to opening multiple Simfy Accounts; • we reasonably suspect your involvement in any attempt to gain unauthorised access to any Simfy Account; • your Simfy Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Simfy Account; • we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or • your name appears on a government or international body sanctions list. Simfy will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Simfy Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Simfy’s security and/or risk management procedures. You accept and agree that Simfy is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Simfy Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Simfy Account. Upon termination of your Simfy Account, all amounts payable by you to us will become immediately due and payable including (but without limitation): • all outstanding fees, charges and commissions; • any dealing expenses incurred by terminating this Terms; and • any losses and expenses realised in closing out any Transaction or Contract or settling or concluding outstanding obligations incurred by us on your behalf. On termination, we shall complete all Transactions and/or Contracts that are already entered into or under execution and these Terms and Conditions shall continue to bind both parties in relation to such Transactions and/or Contracts. We shall be entitled to deduct all amounts due to us before transferring any credit balances to you and we shall be entitled to postpone such transfer until any and all Transactions and/or Contracts between you and us are closed. Furthermore, we shall be entitled to require you to pay any charges incurred in transferring your investments. In the event that you involve us, directly or indirectly, in any type of fraud, we reserve the right, at our sole discretion and without prejudice to any other rights we may have under this Terms, to reverse all previous Transactions and/or Contracts, which would or could place our interests and/or any of our (other) clients’ interests at risk.

Under no circumstances does any information contained on the Platform, or provided to you through your Simfy Account or by any employee, agent or affiliate of Simfy, constitute financial, investment or other professional advice. You are solely responsible for any decision to store, buy or sell digital currency, and such decision should take into account your risk tolerance and financial circumstances. You should consult your legal or tax professional in relation to your specific situation.

You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Simfy Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.

You must not use your Simfy Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”): • violation of any laws, statutes, ordinances or regulations; • undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking; • abusive activity, including but not limited to: • imposing an unreasonable or disproportionately large load on Simfy’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Platform or Simfy’s reputation; • attempting to gain unauthorised access to the Platform or any Simfy Account; transmitting or uploading any material to the Platform that contains viruses, Trojan horses, worms, or any other harmful programmes; or • transferring your Simfy Account access or rights to your Simfy Account to a third party, unless required by law or with Simfy’s prior consent. • paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes; • fraudulent activity, including but not limited to taking any actions that defraud Simfy or a Simfy customer, or the provision of any false, inaccurate, or misleading information to Simfy; -transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime; • transactions involving TOR markets, online gambling sites or mixers; • sale or purchase of narcotics or controlled substances; and •intellectual property infringement. By opening a Simfy Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity. **Activities are subject to the prior written approval of Simfy. ** Unless you have obtained the prior written approval of Simfy, you accept and agree that you will not use your Simfy Account to conduct or operate any of the following business activities or categories of activity: • money services, including but not limited to money or digital currency transmission, currency or digital currency exchange or dealing, payment service providers, e-money or any other financial services business; • gambling or gaming services; • charitable or religious/spiritual organisations; • consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending; • investment funds, asset management, or brokerage services. We reserve the right to restrict, suspend or terminate your Simfy Account if we suspect, in our sole discretion, that you are using, or have used, your Simfy Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Simfy.

The Platform, your Simfy Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Simfy expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Platform, your Simfy Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose. Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.

In no event shall Simfy, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Platform and/ or your Simfy Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Simfy, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Simfy’s records, programmes or services. In no event will any liability of Simfy, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Platform or your Simfy Account, exceed (in aggregate) the fees earned by Simfy in connection with your use of your Simfy Account in the six months immediately preceding the event giving rise to the claim for liability. The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.

Simfy will not be liable for any loss resulting from your use of the Platform, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any "force majeure" (e.g., severe weather, earthquake, flood, fire or other acts of God), and strikes or other labour problems, government action or to any other cause beyond the reasonable control of Simfy.

You can close your Simfy Account by submitting a closure request. Simfy will process the request once your account balance is below the Minimum Closure Amount and no transactions have occurred for at least 30 days. These conditions help protect you from loss. Once your account is closed: • You will no longer have access to it. • Simfy will not notify you of any digital currency sent to your previous receiving address. • Simfy may delete your account data but will retain any required for legal or operational reasons. If your account still holds funds below the Minimum Closure Amount (USD 5.00 or equivalent in your local currency) at closure, Simfy will retain them, and you will have no further claim. Simfy is not liable for any losses related to account closure, termination of access, or data deletion.

All queries and complaints should be raised with our customer support department. Without prejudice to any of our other rights to close a Transaction under this Terms, in any case where we are in dispute with you in respect of a Transaction or alleged Transaction or any communication relating to a Transaction, we may, at our absolute discretion and without notice, close any such Transaction or alleged Transaction, where we reasonably believe such action to be desirable for the purpose of limiting the maximum amount involved in the dispute, and we will not be under any obligation to you in connection with any subsequent movement in the level of the Transaction concerned. This Terms and each Transaction entered into with you is in all respects governed by English Law. In the event of any dispute between the Parties arising in connection with your use the Platform, the dispute shall be referred to arbitration and shall be exclusively and finally settled in accordance with the Rules of London Court of International Arbitration (the LCIA Rules) by one (1) arbitrator who shall be jointly appointed by the agreement of the Parties. Where the Parties are unable to agree on the arbitrator or otherwise fail to appoint the arbitrator within seven (7) Business Days of the service of the arbitration notice, the arbitrator shall be appointed by the President of the London Court of International Arbitration. The decision of the arbitral tribunal shall be final and binding upon the Parties. The seat of arbitration shall be London, England and proceedings shall be conducted in the English language.