This DeFi Terms of Use (“TOU” or “Agreement”) is between you (referred to herein as “user”, “you” and “your”) and Fintopio, and it governs your use of the Platform and the Services. Please read the TOU carefully before using the Services.

By accessing the Platform, using the Services, or clicking to accept or agree to the TOU where applicable, you:

1. acknowledge and consent to the TOU;
2. agree to the collection, use, disclosure, and other handling of your personal data as outlined in our Privacy Policy and Cookie Policy ( https://fintopio.com/privacy-policy and https://fintopio.com/cookie-policy respectively);
3. and acknowledge acceptance of any additional terms, rules, and conditions of use that may be issued by Fintopio from time to time.

Failure to agree to this TOU implies that you may not access the Platform or use the Services.

Any and all Virtual assets and virtual asset services or transactions provided on the Platform are provided and/or facilitated by Fintopio Virtual Assets LLC. We strongly advise all Fintopio users to acquaint themselves with this TOU before engaging in any business dealings regarding virtual assets.

It is important to note that Fintopio is not the creator of, nor does it exercise control over, any of the virtual currencies supported by the Fintopio Wallet. Users' balances and transaction histories within Fintopio Wallet are supported by separate blockchain explorers or browsers specific to each cryptocurrency. Fintopio neither collects nor stores any private keys, backup/seed phrases, or passwords. Furthermore, the Platform does not collect, hold, or facilitate the transfer of any virtual assets to or from users' wallets in any capacity.

We reserve the unilateral right to update or modify this TOU at any time. In the event of such changes, we will notify you either by posting the revised TOU on our Platform or through other reasonable methods of communication. The revised TOU, as posted, shall immediately take effect unless otherwise specified. It is your responsibility to regularly check our Platform for any such changes and decide whether to accept the revised version of the TOU. By continuing to use Fintopio Wallet after any update or modification to the TOU, you are deemed to have accepted the revised TOU. If you do not agree to the TOU or any updates or modifications, you must cease accessing or using the Services. Please note that our Services may evolve over time, and we reserve the right to change or discontinue all or any part of the Services at any time and without prior notice, at our sole discretion.

To be eligible to use the Services;

1. You must be at least eighteen (18) years (or of legal age under the applicable law in Your country of residence). If You are entering into this TOU on behalf of an entity, You hereby represent and warrant that: (i) the legal entity is duly incorporated and validly existing under the applicable laws of the jurisdiction of its incorporation; and (ii) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction.
2. You must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury’s financial sanctions regime;
3. You must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority.
4. You are not located in, and You are not a resident or national of,a country blacklisted by the Financial Action Task Force (FATF). You do not use any software (VPN) to bypass these limitations.
5. You must not be resident in a jurisdiction where Virtual Assets services are prohibited. It is your responsibility to comply with all applicable laws in your country of residence.
6. You must not be resident in a jurisdiction where Telegram is not operational and/or is banned.
7. You are not a resident of the United States of America.
8. You are not a resident of the Russian Federation.

To avoid any uncertainty, it is imperative that you refrain from using the Services if you are situated in, or hold citizenship or residency in any state, country, territory, or jurisdiction where such use would contravene applicable laws or regulations. It is your responsibility to ensure that your use of the Services complies with all relevant laws, rules, and regulations. You affirm that any funds used in conjunction with Fintopio Wallet Services are lawfully acquired and rightfully yours.

By engaging with Fintopio Wallet, you assert and guarantee that you satisfy all eligibility criteria delineated in this TOU. Nonetheless, we retain the right to deny access to Fintopio Wallet to certain individuals and reserve the discretion to modify our eligibility criteria at our discretion.

a) Wallet Creation or Importation: To use Fintopio Wallet Services, you must either import an existing wallet or create a new one. Upon wallet creation, a private key will be assigned to you. It is your responsibility to promptly notify us of any unauthorized usage of your private key or any security breaches pertaining to your wallet. However, you acknowledge and agree that you bear all risks associated with utilizing Fintopio Wallet Services, and you are solely accountable for safeguarding the confidentiality and security of your private key.

Upon wallet creation, it is strongly advised that you take precautions to prevent potential loss of access or control over your wallet. Recommended measures include, but are not limited to:

1. generating a robust and unique password exclusive to your wallet (distinct from other passwords such as your phone password or those used for websites and online services), and utilizing biometric authentication if available;
2. refraining from storing the private key and Secret Phrase in plain text online or in an unsecured physical location;
3. restricting access to your devices and wallet;
4. implementing necessary safeguards against malware on your devices and networks;
5. promptly informing us upon discovering or suspecting any security breaches pertaining to your wallet.

Notwithstanding the foregoing, we hereby declare that we shall assume no responsibility or liability whatsoever for any actions or events taking place within your wallet, regardless of whether they were authorised by you or not.

b) Payment and Fees: By utilizing the Fintopio Wallet Services, you agree to cover all applicable fees, including transaction fees for cryptocurrency swaps/trades and fees associated with card or bank transfers. Any bank fees, or debit card fees incurred during cryptocurrency purchases may be deducted from the settled amount of your cryptocurrency purchases made using Google Pay, Apple Pay or a debit card. You are accountable for any additional fees levied by your payment services provider. Additionally, you will encounter network and/or gas fees, which are charges incurred when purchasing BTC, ETH, and ERC20 tokens, or native gas fees. These fees are paid to the blockchain network for facilitating transactions and are not retained by Fintopio. Any applicable fees for the Services or its components will be detailed on the Fintopio Platform and/or mini-app. Fintopio reserves the right to withhold taxes as required. All applicable fees will be clearly displayed and updated within the Fintopio platform and may be subject to updates and changes by Fintopio from time to time. Unless otherwise specified, all fees payable by you exclude taxes.

c) Transaction Fees:Certain virtual assets transactions may incur transaction fees (e.g., mining fees) mandated by the virtual assets system or blockchain network involved. It is your responsibility to ensure that your wallet has a sufficient balance and/or "gas" to complete transactions before initiating them. You acknowledge and agree that we bear no liability for failed transactions or losses resulting from incorrectly set transaction fees (i.e., too low or too high) or insufficient funds or gas associated with your wallet address. Additionally, you acknowledge and agree that we do not have access to your transactions or those of others.

d) Taxes: It is your sole responsibility to assess whether any taxes apply to transactions conducted via the Fintopio Wallet and to properly withhold, collect, report, and remit the appropriate tax amounts to the relevant tax authorities. We are not liable for determining the tax implications of your transactions or for collecting, reporting, withholding, or remitting any taxes arising from Virtual Assets related transactions. Fintopio reserves the right to withhold taxes as required.

e) Third-Party Payment Services: Fintopio Wallet may include links to third-party processors for processing fiat purchases of cryptocurrencies. When you engage in cryptocurrency purchases with fiat currencies through these links, you are directly purchasing cryptocurrencies from the third-party provider. Payment methods may include Google Pay, Apple Pay or a valid bank account using your debit card. It is imperative that your purchases adhere to the relevant instructions provided within the Fintopio Wallet or mini-app and comply with the terms and conditions stipulated by the third-party provider.

f) Push Notifications:You may opt to receive push notifications from Fintopio Wallet, alerting you to congestion on supported blockchain networks and completion of transactions involving your wallet. To enable push notifications, you must opt in to the service by accessing the "Settings'' and enabling "Push Notifications."

a) DeFi Services: Fintopio Wallet is a non-custodial wallet software designed for the management of virtual assets, including cryptocurrencies and NFTs ("Digital Assets''). As a non-custodial wallet, you retain full control and responsibility for your virtual Assets and private keys, while authorising transactions from your wallet address. By availing yourself of the Services, you explicitly acknowledge and consent that you bear full responsibility for your actions and assume any and all potential risks of financial loss at all times. Fintopio Wallet allows you to perform the following services:

• Generation of wallet addresses and associated private keys for sending and receiving virtual assets.
• Self-storage and transfer of supported cryptocurrencies.
• Portfolio tracking and real-time monitoring of your virtual assets holdings.
• Access to and interaction with third-party decentralised applications ("DApps") and decentralised exchanges ("DEX") through the mini-app.
• Swapping/trading of virtual assets via DApp functionality provided by third-party service providers.
• Staking of certain digital assets in third-party 'proof of stake' networks through staking services ("Staking Service").
• Access to digital asset price information provided by third-party service providers.
• Broadcasting of Digital Asset Transaction data to various blockchains supported by Fintopio Wallet, eliminating the need for downloading or installing associated blockchain-based software on your local device.
• Provision of other services, features, and capabilities that may be introduced from time to time by Fintopio.

Some of the decentralized applications (DApps) accessible through Fintopio Wallet may also entail accessing specific cryptocurrency markets, platforms, or interfaces facilitating complex financial transactions. Please note that the availability of specific services and features may vary over time, and Fintopio reserves the right to modify or discontinue any aspect of the Services at its discretion.

b) Purchase of Digital Assets with Supported Credit or Debit Cards:Should you opt to use Fintopio Wallet for purchasing Virtual Assets with your bank account, credit or debit card, a third party will facilitate the conversion of your designated amount into the relevant Virtual Asset and credit it to your wallet. You acknowledge and agree that:

• Fintopio is not accountable for your use of such third-party services and bears no liability whatsoever in connection with their usage;
• You will be subject to any terms and conditions stipulated by the respective third-party service provider;
• Fintopio lacks the capability to alter, retract, or annul any conversion requests initiated by you;
• Fintopio bears no responsibility for any exchange rates offered by the relevant third-party service provider(s);
• Fintopio is not responsible for any fees levied by the relevant third-party service provider(s), or by your bank or credit card issuer(s).

c) Virtual Assets Transactions: For all proposed Virtual Assets transactions to be finalized, confirmation and recording in the associated public blockchain of the Virtual Assets are requisite. These networks are decentralized, peer-to-peer networks supported by independent third parties, which Fintopio neither owns, controls, nor operates. Consequently, we do not guarantee that any transaction details submitted via our Services will be confirmed and processed. By utilizing Fintopio Wallet Services, you acknowledge and agree that:

• We lack the authority to cancel or modify your transaction;
• Transaction details submitted by you may encounter delays or may not be completed by the relevant blockchain networks;
• We do not engage in the storage, transmission, or reception of Virtual Assets;
• Any transfer related to a Virtual Asset takes place on the pertinent blockchain network, and not on a network owned or operated by us. Therefore, we do not warrant the transfer of title or rights in any Virtual Asset.

d) Accuracy of Information Provided by User:You affirm and warrant that any information furnished via the Services is accurate and comprehensive. You acknowledge that we bear no responsibility for any errors or omissions made by you in connection with any Virtual Assets transaction initiated via the Services. It is strongly advised to thoroughly review transaction details before initiating a Virtual Asset transfer.

e) Use of Staking Service: Should you opt to access or employ the Staking Service, a third party may engage in staking certain Virtual Assets on your behalf, hereafter referred to as "Staked Virtual Assets." These assets act as transaction validators on the relevant blockchain network. In the event that a block of transactions is successfully validated utilizing said Staked Virtual Assets, a reward is conferred by the network, commonly known as a "Staking Reward." You acknowledge and agree that:

• Fintopio Wallet holds no responsibility for your use of the Staking Service and bears no liability whatsoever in connection therewith;
• Continuous staking cannot be guaranteed by Fintopio Wallet;
• Fintopio Wallet does not assure the staking or continued staking of any particular Virtual Asset.

f) Use of DApps and DEX:Should you access or use DApps or DEX, inclusive of DApp functionality integrated within the Services such as the Trade/Swap Virtual Assets feature, you acknowledge and consent to the following:

• Fintopio Wallet holds no responsibility for your access or usage of DApps or DEX, and assumes no liability whatsoever in connection therewith, including any transactions subject to dispute;
• Limits on the amounts you may exchange via DEX per day are contingent upon the requirements stipulated by third-party developed Smart Contracts;
• Blockchain operations are irreversible, meaning that when you conduct transactions via DApps or DEX, you bear sole responsibility for any associated issues, including transfers to incorrect addresses or problems with node servers selected by you;
• Third-party developed Smart Contracts utilized in DApps or DEX may impose handling fees and/or service fees. Any fee information displayed on Fintopio Wallet is provided for reference only, and Fintopio Wallet does not guarantee its accuracy, applicability, reliability, integrity, or appropriateness, nor shall Fintopio Wallet be liable for any resulting loss or damage arising directly or indirectly from your reliance on such information;
• Fintopio currently does not impose any service fees or handling fees for the use of DApps or DEX. However, Fintopio reserves the right, at its discretion, to introduce such fees at any time in the future. Any updated fees will apply to transactions occurring following the effective date of the fee update.

g) Wallet Address, Private Key, and Backup Procedures: An encrypted backup of select information linked to your wallet can be stored on compatible devices. The private key, in conjunction with the wallet address, authorizes the transfer of Virtual Assets to and from the respective wallet address. You bear sole responsibility for safeguarding and securing your private key and any mnemonic phrase ("Secret Phrase") associated with your wallet. It is imperative to maintain the security of your wallet address, Secret Phrase, and private key access information. Failure to do so may lead to the loss of control over Digital Assets linked to your wallet.

You acknowledge and agree that we will neither receive nor store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase connected to your wallet. We are unable to generate a new password for your wallet if you fail to recall the original password. In the event you have not securely stored a backup of any wallet address and private key pairs preserved within your wallet, you accept and recognize that any Virtual Assets linked to such wallet address will become inaccessible. Consequently, we bear no responsibility or liability should you encounter difficulty accessing your wallet for any reason, including, but not limited to, your failure to maintain the security of your wallet address, Secret Phrase, and private key information.

By utilizing the Platform, you may access information related to third-party cryptocurrencies, cryptocurrency wallets, staking pools, and liquidity pools. However, the presentation of such information does not imply any affiliation with or endorsement of third parties, even if certain functionalities provided alongside the Platform necessitate the use of such third-party products. It is important to note that the majority of the Services available on the Platform are provided by third-party service providers. Our Platform solely furnishes software services enabling users to generate wallet addresses and associated private keys for the purpose of sending, receiving, storing, and transferring virtual assets, as well as viewing and monitoring their virtual asset holdings in real time. Other services available on and/or through or within the Platform (including virtual assets exchange, swapping, trading (buying & selling), on-ramp and off-ramp (deposit and withdrawal), and staking etc.), (collectively; “CeFi Services”) are provided in accordance with our CeFi Terms of Use. Users must read our CeFi terms and conditions (or terms of use or user agreement) carefully before using our CeFi services.

The content pertaining to third-party services and products as presented on, or within the Platform is derived from publicly available information or provided to us by such third parties. As such, we do not make any representations or warranties regarding the accuracy of such third-party service or product-related information. In no circumstance shall any description or mention of a third party's product or service, including hyperlinks, be construed as an endorsement or promotion by us of such third-party products or services. We maintain the exclusive right to supplement, modify, or terminate the availability of any Third-Party Service.

You may opt to receive push notifications from Third Party Content providers; however, you must explicitly opt in to this service. Push notifications for Third Party Content will not be automatically activated on your device. We do not exercise control over, endorse, or adopt any Third-Party Content disseminated through push notifications and disclaim any responsibility for Third Party Content, including token availability and/or sales.

Should you, to the extent permitted by Fintopio, grant explicit consent to a third party to access or link to your Fintopio Wallet, whether through the third party's product or service or through Fintopio Wallet itself, you acknowledge that granting such permission to a third party to act on your behalf does not absolve you of any obligations under this TOU. You are fully liable for all actions or oversights of any third party granted access to your wallet.

a) Non-Custodial:Fintopio Wallet is a non-custodial wallet for holding supported cryptocurrencies. Users maintain full control over the cryptocurrencies stored in their Fintopio Wallet. Private keys, serving as the means to access the cryptocurrency, are stored directly on the user's device. Users retain the ability to withdraw their cryptocurrency to a different blockchain address at any time, subject to internet access and blockchain congestion. Fintopio Wallet neither maintains control over users' wallets nor their cryptocurrencies or private keys. Users bear the responsibility for safeguarding their private keys and seed phrases. Fintopio Wallet and Fintopio FZ L.L.C cannot recover lost private keys or seed phrases.

b) Recovery Phrase: Upon creating a new wallet with Fintopio, users receive a 12-word recovery phrase, also known as a "seed phrase" or "secret phrase," which only they possess. Loss of the recovery phrase results in the loss of access to the Fintopio Wallet and any cryptocurrencies therein. Fintopio does not have access to the recovery phrase and cannot assist in fund recovery or wallet access in the event of a lost recovery phrase. Fintopio Wallet offers an encrypted iCloud or Google Drive feature for users to back up their recovery phrase. Users are encouraged to utilize this feature, along with writing down and securely storing their recovery phrase. To access the backup feature, users can navigate to Settings and select Recovery Phrase within the Fintopio Telegram integrated Bot and mini-app.

a) Absence of Insurance Coverage: Cryptocurrency does not hold legal tender status and is not backed by governmental entities. Accounts and value balances associated with Fintopio Wallet are not protected or covered by any insurance policy. Fintopio does not operate as a bank and does not provide fiduciary services. There are no guarantees that a transfer initiated through Fintopio Wallet Services will successfully convey title or ownership rights to any cryptocurrency.

b) Emergence of New Technology: While extensive testing has been conducted, Fintopio Wallet remains a novel software. Despite ongoing development efforts, the software may contain bugs or security vulnerabilities. Moreover, the software is subject to potential significant alterations over time that may not align with user expectations.

c) Risks Relating to Information Security: The use of cryptocurrency and engagement with Fintopio Wallet Services may expose users to the risk of expropriation or theft. Malicious entities, including hackers, may attempt to disrupt Fintopio Wallet Services through various means, such as malware attacks or denial of service attacks. Furthermore, as the Ethereum protocol relies on open-source software, the software underpinning Fintopio Wallet Services may harbour intentional or unintentional bugs or weaknesses, potentially resulting in the loss of user cryptocurrency or the inability to access or control Fintopio Wallet. In the event of such occurrences, users may not be guaranteed any remedy, refund, or compensation.

While we endeavour to maintain uninterrupted access to the Platform and the Services, we cannot guarantee uninterrupted availability. Although we strive to provide accurate and up-to-date information via the Services, including content, it may occasionally contain technical inaccuracies or typographical errors. We reserve the right, to the extent permitted by applicable law, to modify or update information provided through the Platform and/or the Services without prior notice, including information pertaining to our policies, products, and services or platform. Therefore, it is your responsibility to verify all information before making any decisions based on it. We shall not be liable for any decisions made based on information obtained through the Services or the Platform. Links to third-party materials, including websites, are provided for convenience only and are not under our control. You acknowledge and agree that we are not responsible for the accuracy or content of any such third-party materials accessible through or linked from our Platform.

Once a purchase is completed, whether through fiat or cryptocurrency, it cannot be cancelled or reversed. All purchases are considered final once the cryptocurrency is transferred to the designated wallet address. Once an order has been fulfilled and the cryptocurrency transferred to the designated wallet address, it cannot be retrieved or reversed under any circumstances. By completing the purchase, you agree that upon delivery, you are not entitled to any credit or refund, and all transactions are deemed final. Fintopio's obligations are fulfilled upon delivery of the Services, and you waive any claim or right against Fintopio thereafter.

To the maximum extent permitted by applicable law, neither Fintopio nor its directors, employees, or agents shall be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or lost data, arising from your use of the Platform or the Services, or any content or materials accessed through the Platform, even if Fintopio is aware of the possibility of such damages.

Notwithstanding any provision herein to the contrary, to the extent permitted by applicable law, Fintopio's liability to you for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by you to Fintopio for the Services. In no event shall Fintopio's liability to you exceed the lesser of (i) $100 or (ii) the amounts paid by you to Fintopio for the Services in the twelve (12) month period preceding the applicable claim. You acknowledge that if no fees are paid to Fintopio for the Services, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Fintopio, regardless of the cause of action.

Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Fintopio provides the Fintopio Wallet Services on "AS IS” and "AS AVAILABLE ”basis without warranty of any kind, express or implied. To the maximum extent permitted by law, we hereby disclaim all representations and warranties relating to the Fintopio Wallet and the underlying software, or any aspect of the information, content, or services, whether provided or owned by us, or by any third party, or contained in any third-party materials or on any third-party websites accessible or linked to our website, Platform or the Services.

This disclaimer includes, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade. Furthermore, we do not represent or warrant that the content accessible via the Fintopio Wallet is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the service will meet your requirements. We do not make any representations or warranties that the access to Fintopio Wallet or use of the Services or Platform, and the functionality thereof will be continuous, uninterrupted, timely, or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

a) Indemnity: Subject to the extent permitted by applicable law, you hereby agree to defend, indemnify, and hold harmless Fintopio, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors from and against any and all claims, damages, obligations, losses, liabilities, torts, costs, or debts, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to Fintopio concerning Fintopio Wallet; (c) violation of any Third Party Services and/or Content; (d) your violation of this TOU; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

b) Limitation of Claims: You acknowledge and agree that any claim arising out of or related to your relationship with Fintopio must be filed within one (1) year after such claim arises; otherwise, your claim is permanently barred.

By default, all content and materials related to the Service are the intellectual property of the Company and are protected by copyright, trademark, and other applicable laws. You may view, print, and/or download a copy of such content, materials on any single computer solely for Your personal, informational, non-commercial use, provided You keep intact all copyright and other proprietary notices. The trademarks, service marks, and logos of the Service and others used in the Service whether registered or not (“Trademarks”) are the property of the Company and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used in the Service belong to the Company. The Trademarks, content, and materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. It is strictly prohibited to use any of such contents or materials in any other web-application, the Telegram software bot, on any other website or networked computer environment for any other purpose. Any unauthorised use may violate copyright, trademark laws, or other applicable laws and could lead to criminal, administrative or (and) civil legal action. We reserve the right to prosecute infringers of intellectual property rights.

From time to time, we may introduce promotions or rewards programs ("Incentives Program"). We reserve the right to modify, alter, or terminate any Incentive Program at our discretion, with or without prior notice to you. Such actions may include the cancellation of unredeemed rewards, points, or other benefits. Additionally, we reserve the right to disqualify participants from a Promotion if they are found to have violated this TOU or misused the Incentives Program, as determined by us. Participants acknowledge and agree that participation in the Incentives Program is at their own risk. The Incentives Program and all associated services are provided on an "as is" and "as available" basis. Fintopio makes no warranties regarding any rewards or points obtained through the Incentives Program, the value of the Program or any points obtained therein, the uninterrupted or error-free operation of the Program, or the accuracy or reliability of any information obtained through the Program. Fintopio disclaims all express and implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

The parties hereby agree to resolve any dispute arising from this Terms of Use or your use of the Services through arbitration on an individual basis. The arbitration process precludes you from filing a lawsuit in court or pursuing a jury trial. Both parties explicitly waive the right to a trial by jury.

The parties further agree that: (a) Any arbitration proceedings will take place in the Kyrgyz Republic; (b) The arbitration will be conducted confidentially by a sole arbitrator in accordance with the rules of the Kyrgyz Arbitration Law for consumer-related disputes, conducted in English, and with limited discovery.

Except for class procedures and remedies as discussed below, the arbitrator retains the authority to grant any remedy available to a court or other tribunal. The prevailing party in any action or proceeding to enforce this TOU of Use is entitled to costs and attorneys' fees. The arbitral decision may be enforced in any court. Regardless of whether the dispute is resolved through arbitration or litigation in court, both you and Fintopio agree not to initiate a class action, class arbitration, or representative action or proceeding against each other.

Your use of Fintopio Wallet signifies your agreement to abide by all applicable laws. This encompasses local, provincial, state, federal, national, and international laws that may pertain to your use of Fintopio Wallet Services. You acknowledge and agree that it is your responsibility to adhere to all applicable laws, statutes, ordinances, and regulations of any jurisdiction while utilizing the Services. It is hereby agreed that you shall refrain from contravening said terms in any manner, as well as the subsequent provisions:

a) It is incumbent upon you to ensure that the Digital Assets you use originate from legitimate sources, as Fintopio cannot ascertain the source of the Digital Assets. Should you become aware of any unlawful use of the Service or violations of the TOU, you must promptly notify us via the Fintopio Telegram bot @fintopiohelp. Users found violating this TOU may be reported to relevant authorities, barred from accessing the Service, and held accountable for any resulting losses incurred by Fintopio or other Users.

b) You affirm that you will refrain from employing the Services for the facilitation, support, or engagement in any illicit activities, including but not limited to illegal trade, gambling, fraud, money laundering, terrorist activities, or malicious hacking across any jurisdiction. In the event that We detect or suspect any violation of this TOU or applicable laws, We reserve the right to pursue all available rights and remedies under this TOU and the law, including reporting such violations to the appropriate regulatory and statutory bodies.

c) The use of Digital Assets obtained through illegal means or for illicit purposes within the Service is strictly prohibited.

d) We retain the right to scrutinize suspicious transactions conducted by you by sharing your IP address with relevant authorities and, if deemed necessary, contacting the pertinent entity or individual regarding such matters.

e) The masking of IP addresses or the obfuscation of transaction details using circumvention technologies is prohibited.

f) Providing false, misleading, or inaccurate information to the Company, including during the access of the Service, is strictly prohibited. Users are solely responsible for furnishing accurate and genuine information and may face legal repercussions for providing false or misleading information.

g) Impersonating others, attempting unauthorized access to another User's wallet, or using Our Services in any manner related to such actions is prohibited.

h) Attempts to bypass or circumvent any measures implemented by Us to restrict access to the Services, including the use of alternative accounts, computer systems, or networks connected to the Services, are strictly prohibited.

i) Any usage of the Service beyond the scope explicitly authorized in these TOU, without prior written consent from Us, is strictly prohibited. In the event of any infringement, we reserve the right to immediately terminate your access to the Services without prior notice.

Prior express written consent and approval from Fintopio must be obtained before utilizing Fintopio Wallet Services for the following categories of business and/or use ("Conditional Uses''). To request consent, please contact us at help@fintopio.com Fintopio may impose additional conditions, require supplemental representations and warranties, mandate enhanced onboarding procedures, and impose operational restrictions if you engage in any of the following businesses, activities, or practices when using Fintopio Wallet Services:

• Money Services: Includes money transmitters, cryptocurrency transmitters, currency or cryptocurrency exchanges or dealers, gift cards, prepaid cards, and sale of in-game currency unless the merchant is the operator of the virtual world. Also encompasses acting as a payment intermediary or aggregator or otherwise reselling any of the Fintopio Wallet Services.
• Games of Skill: Refers to games that are not categorized as gambling under this Agreement or by law yet involve an entry fee and offer a prize.
• Charities: Involves accepting donations for nonprofit enterprises.
• Religious/Spiritual Organizations: Covers the operation of a for-profit religious or spiritual organization.

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labour disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. In the event that the delivery of Services as delineated within this TOU is impeded by circumstances that fall outside of our reasonable control, including but not limited to, instances of force majeure as outlined above, or alterations in the prevailing legal and sanctions frameworks, we shall be exonerated from any liability pertaining to our failure to provide the Services during the temporal span that aligns with the occurrence of such contingent events.

You acknowledge and agree that the Fintopio reserves the right, at its sole discretion and without cost to you, to restrict your access to the Service, including suspending or terminating the Service, prohibiting access to it and its content or tools, delaying or removing hosted content, and taking technical and legal actions to keep you off the Service. This may occur if any public authority requires us to do so, if we reasonably perceive that you are using the Service inconsistently with its intended purpose or with the Terms, or if you may incur legal liability or infringe upon any intellectual property rights while using the Service.

We may employ measures in accordance with the preceding paragraph for any reason, including but not limited to:

1. Attempts to gain unauthorized access to the Service or provide assistance to others attempting to do so,
2. Usage of the Service to perform illegal activities as described in the "Prohibition on illegal activities" section hereunder,.
3. Exploitation of vulnerabilities in the Fintopio Wallet software,
4. Any other Violations of this TOU.

You have the right to unilaterally terminate the TOU by ceasing to use the Service at any time without notice to Fintopio, following the settlement of any pending transactions. However, unilateral termination of the TOU does not absolve you of liability for violations committed during the term of validity.

You may also communicate your desire to cease accessing the Service at any time by sending a request to the support team via our Telegram bot @fintopiohelp or our support email at help@fintopio.com

Upon termination of this TOU, Fintopio shall immediately cease the provision of the Services to you, and you shall not be entitled to access or use the Service thereafter.

a) Amicable Settlement: The Parties agree to endeavour to resolve any disputes arising under this Terms of Use through good-faith negotiation. In the event of a dispute, You shall contact the support service via the Telegram bot @fintopiohelp or by any other means specified on the Platform, and the parties shall endeavour to resolve the dispute within thirty (30) days from the date of receiving your email regarding the issue.

b) Arbitration: If the dispute cannot be resolved amicably within the 30 days’ time frame, You agree that the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC) which rules are incorporated into this TOU by reference. The language to be used in the arbitration shall be English, and the arbitration shall be presided over by a single arbitrator appointed in accordance with the said Arbitration Rules.

a) Assignment: You may not assign any rights and/or licenses granted under this TOU. Fintopio reserves the right to assign our rights without restriction, including without limitation to any Fintopio affiliates or subsidiaries, or to any successor in interest of any business associated with the Fintopio Wallet Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that Fintopio is acquired by or merged with a third-party entity or undergoes a change of control, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

b) Export and Sanctions Compliance: In connection with this TOU, you must comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that may apply. For clarity, you are solely responsible for compliance related to the way you choose to use the Services. You may not use any Fintopio Wallet Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service.

c) No-Waiver: The failure of Fintopio to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this TOU is held invalid, the remainder of this TOU shall continue in full force and effect.

d) Notices: To give us notice under this TOU, the user must contact Fintopio by email to help@fintopio.com

e) Promotions: From time to time, Fintopio may make available special offers or conduct promotions for users. Subject to applicable laws, Fintopio may establish qualifying criteria to participate in any special promotion in its sole discretion. Fintopio may revoke any special offer at any time without notice. Fintopio shall have no obligation to make special offers available to all users.

f) Severability: If any provision of this TOU shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this TOU shall not be affected. If such construction is not possible, the invalid or unenforceable portion will be severed from this TOU, but the rest of the TOU will remain in full force and effect.

g) Survival: The following provisions of this TOU shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Platform.

h) Entire Agreement: his TOU and any other documents referred to or incorporated in it constitute the entire agreement between the Parties relating to the subject matter herein, and, supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the Parties in relation to the subject matter thereof.

i) Governing Law and Jurisdiction: These Terms of Use (TOU) shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without regard to its conflict of law principles. Any dispute arising out of or in connection with this TOU, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of the DIFC.

j) Contact us: If You have questions relating to this TOU and/or your use of the Fintopio Wallet Services, or any other matter relating to the Platform, please contact us via the following address:

"Platform" refers to the software provided by Fintopio, which includes any websites, telegram bot, pages, features, or content owned or operated by Fintopio, any web-application or mini app developed or made available by Fintopio, as well as any application programming interfaces (APIs) offered to users or third-party applications dependent on such APIs where users can manage virtual assets wallets and interact with blockchain networks. This also encompasses any other means Fintopio may designate in the future for accessing Fintopio Wallet Services.

“Fintopio Wallet” refers to a digital wallet provided by Fintopio where users can deposit, store, trade, Swap, send, and receive and withdraw virtual assets through third parties.

“Third-Party Services” refer to the Services related to virtual asset activities such as exchanging, swapping, buying, selling of virtual assets, on-ramp, off-ramp, and other services provided by third parties and accessible through or within Fintopio Wallet.

“Fintopio Wallet Services” refers to all the features, tools, materials, or services offered by Fintopio, including the Fintopio Wallet accessible through its website, the Telegram integrated Fintopio Bot, and/or mini-app, aimed at creating and managing digital wallets and facilitating interaction (depositing, storing, trading, Swapping, transferring, sending, receiving and withdrawing virtual assets) with blockchain networks through decentralized application (DApp) websites.

“Mini-app” refers to a smaller, lightweight application within the Fintopio ecosystem that provides specific functionalities related to Fintopio Wallet Services.

“Telegram integrated Fintopio Bot” refers to a specialized bot within the Telegram app that provides users access to Fintopio Wallet Services directly through the Telegram platform.

“User” refers to any individual or entity that uses or accesses the Platform or Fintopio Wallet Services or any other services provided by Fintopio.

“Virtual or Digital Assets” refers to a digital representation of value or rights that can be transferred and stored electronically, including virtual assets and tokens supported by the Fintopio Wallet.

“Non-Custodial Wallet” refers to a type of digital wallet where the user retains full control of their private keys and, therefore, full control over their funds. Fintopio Wallet is a non-custodial wallet.

“Blockchain Network” refers to a decentralized, digital ledger where transactions made in virtual assets are recorded chronologically and publicly.

“Staking Service” refers to a service that allows users to participate in staking certain digital assets on proof-of-stake networks to receive rewards, typically provided by third parties.

“Decentralized Exchange (DEX)” refer to a Peer-to-peer (P2P) marketplace where users can trade virtual assets directly with each other without the need for an intermediary, accessible through Fintopio Wallet Services.

“Recovery Phrase” refers to a series of words generated by the Fintopio wallet, which gives the user the ability to recover their wallet and funds in case of loss or damage to the device on which the wallet is installed.

“Blockchain Explorer” refers to a tool that provides detailed information about blockchain transactions and balances, supporting user transaction histories within the Fintopio Wallet.

“Private Key” refers to a secure digital code known only to the user, allowing access to their Fintopio cryptocurrency wallet.

“Network/Gas Fees” refers to charges paid to blockchain networks for facilitating transactions.

“Decentralized Application(DApp)” refers to an application that runs on a blockchain network, offering services without central control.

“Staked Virtual Assets” refers to digital assets used in staking services to validate transactions on a blockchain, potentially earning rewards.

“Trade/Swap Virtual Assets Feature” refers to a functionality allowing users to exchange virtual assets via decentralized exchanges (DEX) or DApps within the Fintopio Wallet.

“Smart Contracts” refers to self-executing contracts with the terms of the agreement between buyer and seller directly written into code.

“Staking Reward” refers to the reward received for successfully validating a block of transactions on a blockchain network through staked assets.

“Sanctioned Jurisdictions” refers to countries or regions subject to trade embargoes, UN Security Council Resolutions, or financial sanctions that restrict the use of Fintopio Wallet Services.

“FATF Blacklisted countries” refers to jurisdictions identified by the Financial Action Task Force as non-cooperative in the global fight against money laundering and terrorist financing, affecting eligibility to use Fintopio Wallet Services.

Virtual Private Network(VPN)” refers to the technology used to create a secure and encrypted connection over a less secure network, which users of Fintopio Wallet are prohibited from using to bypass geographical restrictions.

You have the right to disable Cookies that you do not want to be used in the Cookie-banner on the Website. However, please note that you cannot disable Cookies that are necessary for the functionality of the Website.

“Device” refers to a device from which you use our Services. Devices include mobile devices, tablets, personal computers, consoles, etc.

"Know Your Customer (KYC)" refers to the mandatory process undertaken by Fintopio via its affiliates and/or third-party services providers, to verify the identity of their clients. It is designed to ensure the authenticity of clients' identity and assess potential risks of illegal activities for the business relationship.

“Personal data” refers to any information that can directly or indirectly identify an individual, like names and email addresses, location information, ethnicity, gender, biometric data, religious beliefs, web cookies, and political opinions etc.

“IP Address” refers to the access point through which you enter the Internet and is typically controlled by your Internet Service Provider (ISP), or your company.