TERMS OF SERVICE

CONVERSION OPERATIONS

YOUHODLER SA

Version dated: August 3rd, 2020

PREAMBLE

YouHodler SA is affiliated to SRO PolyReg.

However, please be aware that YouHodler SA is currently not regulated or supervised by FINMA.

These Terms of Service (hereinafter referred to as the “Terms”) define the rules applicable to the use
of the services made available through the Platform. These Terms are entered into between the User
(hereinafter referred to as “you”, “You” and when indicating possession “your” and/or “Your”) and
YouHodler SA, a company registered in Switzerland at the following address: Rue du Valentin 1, 1004
Lausanne and holder of registration number CHE-336.197.657 (hereinafter referred to as the
“Company”, “we”, “We”, “us” or “Us”).

Any User who wants to access the Services offered on or through the Platform must accept these
Terms. The User confirms that he/she has read and understood the Terms and agrees to respect and
comply with all clauses and articles of the Terms. The User also warrants and agrees to comply with
all applicable laws and regulations. These Terms shall be read and interpreted in conjunction with the
Mandate Agreement and the Privacy Policy.

By pressing “Accept”, you acknowledge that you have read and understood these Terms and
agree to be bound by them and to comply with these Terms, including the Mandate Agreement
and all laws and regulations which may be applicable to the Services offered on or through the
Platform.

If you do not agree to comply with the Terms and the Mandate Agreement, you must refrain from using
the Platform and/or benefiting from the Services. In particular, you acknowledge that you have read
and understood the clauses in these Terms relating to: Company's disclaimer of warranties; limitation
of liability; the Privacy Policy; and the manner in which we may make changes to these Terms and the
Mandate Agreement.

The Company reserves the right to modify the Terms, including the Mandate Agreement, at any time.
The User will have access at all times to the latest Terms and Mandate Agreement and in the event
that these Terms and Mandate Agreement shall be renewed, the Company shall notify the User that
the Terms and the Mandate Agreement have been renewed through an electronic mail sent to the
address provided to the Company when creating a User Account (as defined below). The User may be
asked to accept the new version of the Terms.

***

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1. Definitions

Definitions are set forth in Annex 1.

2. Services

The Company provides a Platform allowing Users to carry out Conversion operations allowing the
Execution of Transactions on behalf of Users. The User must create a User Account on the Platform
prior to being able to make use of the Services offered by the Company. The Users shall solely be
entitled to use Payment or Utility Tokens or Fiat Currencies when making use of the Conversion
operations. Asset tokens are excluded.

The Company also provides for the possibility to carry out Conversion operations on behalf of the
Users. These Terms must be accepted by the User in their entirety and they must both be understood
in their entirety in order for the User to be able to use the Platform and the Services offered on it.

3. Delegation of Services
The User can request from the Company assistance with the Conversion operations. By making use of
the Conversion operations, the Company carries out the Conversion operations on behalf of the User
by carrying out the Transactions with Third-Party Service Providers.

The Mandate Agreement applicable to the User governs the mandate which is given to the Company
to store and use the Cryptocurrencies and/or the Fiat Currencies for the purpose of Executing the
Transactions you place through the App. Any other aspects of the mandate you give are stipulated
within the Mandate Agreement.

The User must accept these Terms of Service before accepting Conversion operations in the User’s
membership account area in the Company’s website. Conversion operations carried on behalf of the
User which involve Cryptocurrencies have already been processed by the blockchain network are
irreversible.

By making available the Platform, the Company only intervenes as a financial service provider which
carries out the Execution of Transaction on behalf of User(s) allowing the User to make use of the
Conversion operations in order to have the best Transaction Price possible for a Transaction, on a
best effort basis. The Conversion operations are not an exchange (centralized or decentralized) or a
trading venue and the Company is not acting as a broker/dealer or as a financial advisor to the Users.
For the avoidance of doubt, the Company, through the Platform, does not provide investment, tax, or
legal advice, nor does it act as a broker or dealer on behalf of its Users.

4. Execution of Conversion operations

In order to proceed with the Conversion operations, the User must have a sufficient balance in his/her
Cryptocurrencies wallet in order to be able to Execute the Transaction requested by the User. When
the User wants to carry out the Conversion operations involving Fiat Currencies, the User shall fund
the User Account with sufficient Fiat Currencies and give the Company an execution-only mandate
based on the Mandate Agreement to proceed to the Conversion operations.

By clicking “Confirm Conversion”, the User is instructing the Company to (i) use the Fiat Currencies
and/or Cryptocurrencies available on the Wallet which are held at on your behalf by the Company and
(ii) to carry out the Execution of Transaction.

By requesting the Conversion operations involving Fiat Currencies, the User is delegating the
Company to hold the Fiat Currencies on his or her behalf and to subsequently Execute the
Transactions by using these Fiat Currencies. Fiat Currencies will at all times be available for
immediate withdrawal to the User’s bank account or credit/debit card as well as for the Conversion
operations.

The User understands that the Mandate Agreement is applicable to the relationship between the
Company and the User when benefitting from the Conversion operations.

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5. Conversion operation rates

When benefitting from the Conversion operations, the Company provides the User with available rates
information before carrying out the Transaction. This information is visible along with other details in
the Platform. The User acknowledges and agrees that the information and rates presented when
making use of the Conversion operations is an estimation only and may differ from rates available via
other sources outside of the Company’s services.

The Company executes the Transaction upon the User’s request made in the Platform and transfers
the resulting currency to the User account. The detailed information about all executed orders,
including information about currencies, amounts, rates, commission and fees must be visible in the
User’s personal transaction history in the User account.

6. Conversion operations commissions and fees

All applicable commissions and fees are available to the User prior to the Execution of the
Transaction.

7. Segregation

You consent to give us a mandate to hold your Cryptocurrencies and Fiat Currencies on your behalf in
upon finalization of the Conversion operations carried out on your behalf. These Cryptocurrencies and
Fiat Currencies are held in a segregated manner from the Company’s own assets.

8. Transfer of Cryptocurrencies

To use the Conversion operation services, the User is obliged to transfer Cryptocurrencies from an
External Wallet to a Cryptocurrencies wallet within his/her User Account on the Platform which is
controlled by the Company. If the Cryptocurrencies are not supported or available on the Platform, the
User is not allowed to transfer these Cryptocurrencies to his/her Cryptocurrencies Wallet within his/her
User Account on the Platform.

You hereby agree and consent that the Company will control the Cryptocurrencies and is entitled to
place your Cryptocurrencies in an online or offline storage facility. YouHodler does not give any
warranty that a Cryptocurrency will be accepted on the Platform for the Conversion operations.

The Company may discontinue or terminate any support for any Cryptocurrency at any time for any or
no reason. Unless otherwise required by applicable law or law enforcement, the Company will make
reasonable efforts to notify you of its decision to cease the support of a Cryptocurrency on the
Platform.

If the Company ceases to support a particular Cryptocurrency, the Company will use commercially
reasonable efforts to notify you prior to removing the availability of the Cryptocurrency from the
Platform so as to give you an opportunity to transfer the affected Cryptocurrency from your User
Account to an External Wallet.

If you do not transfer the Cryptocurrency to an External Wallet prior to cessation of support for the
Cryptocurrency by the Company, the Cryptocurrency may be lost due to your inability to access,
transfer or otherwise control it. The Company will not be liable to you for any loss, liability or expenses
related to its decision to cease any support for any Cryptocurrency.

You hereby represent and warrant that you have sole control over any External Wallet to which you
send Cryptocurrencies from your User Account. The Company gives no assurance that any
Cryptocurrency which is the subject of a fork (hard, soft or otherwise) will be available or continue to
be available on the Platform. You understand that the Company reserves the right to investigate the
source of any Cryptocurrencies in your User Account and determine, in the Company’s sole discretion,
how to handle their disposition.

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If, following the review of any Assets and the circumstances by which you receive them, the Company
determines that you are not the owner of such Assets or that these Assets were a source of criminal or
illicit activities, you hereby accept and understand that the Company reserves the right to dispose of
these Assets in accordance with laws and regulations which are applicable to the Services it carries
out on the Platform and/or to send the information to the supervisory authority.

Subsequent to the use of the Conversion operations, the User may select to carry out the transfer of
the Cryptocurrencies into an External Wallet. In such an event, the User is responsible for providing a
correct address to the External Wallet. The Company is not responsible and/or cannot be held liable
for any damages which may arise due to the provision of an address to an External Wallet which does
not belong to the User. The User shall in no event communicate the private key to this External Wallet
to the Company. The User hereby warrants that he/she holds the private key which allows grants
access to an External Wallet. The obligations towards the Company shall subsist even if the User
loses access to the External Wallet.

You understand and accept that any transfer or Transaction which is carried out using DLT is
permanent and cannot be modified, erased, amended, removed or reversed in any form or manner.
Therefore, by accepting these Terms, you also accept that in the event that you want to reverse a
Transaction involving the Cryptocurrencies, this cannot be done by reversing the Transaction or by
transferring back the Cryptocurrencies subject to the Transaction whilst retaining the initial Market
Value or price.

You also understand and accept that the conclusion of the Transaction and confirmation of this
conclusion can vary since DLT is a peer-to-peer technology with no centralized control and subject to
confirmation of every node which is within the network.

9. Payment details for Fiat Currencies

In order to use the Services on your User Account, You will be required to designate one or more
external Bank Accounts or credit card details (hereinafter referred to as the “Designated Payment
Method”). Bank Accounts can only be used by the person under whose name they are registered. The
Company reserves the right to suspend, freeze or cancel your User Account if the name of the User
Account and the name of the Bank Account do not correspond to each other. The Bank Account used
to transfer Fiat Currencies needs to be solely in your name and belonging solely to you with a
regulated and licensed financial institution or e-money institution.

Only valid payment options specified by the Company may be used in order to benefit from the
Services available on the Platform. By transferring Fiat Currencies into your User Account, You
represent and warrant Us that:

a. you are authorized to use the Designated Payment Method; and

b. you authorize us, to charge you the Designated Payment Method, if any such extra charges
should arise.

The Services are supported by the use of the following Fiat Currencies:

● Euros (EUR);
● United States Dollars (USD);
● British Pound (GBP)
● Swiss Francs (CHF).

The Company retains the right, in its sole discretion, to determine whether to support any Fiat
Currencies at any time and for no reason. You agree that you will not hold the Company liable for any
damages resulting from such rejected transfers.

10. Investigation

You understand that the Company reserves the right to investigate the source of any Fiat Assets
and/or Cryptocurrencies used when benefitting from any of the Services offered by the Company.

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Through the use of Third-Party Service Providers, the Company also determines, at its sole discretion,
how to handle their disposition in accordance with its anti-money laundering policy and any laws
applicable to the Services offered on the Platform.

If, following the review of any Assets in question and the circumstances by which You received them,
the Company determines that You are not the owner or that these Assets stem from criminal or illicit
activities, You hereby accept and understand that the Company reserves the right to dispose of these
Assets in accordance with the applicable laws and to report any findings to the Supervisory Authority
and/or, when required by the AML Policy to the Money Laundering Reporting Office of Switzerland.

You hereby represent and warrant that you will comply with KYC and AML requirements and provide
us with accurate information and true documents only and that the information provided is correct and
accurate, including the information provided relating to your source of Assets and your source of
wealth.

11. Use of the Services and the Platform

The Company grants you a limited, non-exclusive, non-sublicensable, non-transferable, and

revocable, royalty-free license permission to use the Platform for its intended purposes subject to your
strict compliance with the applicable law, these Terms, the Privacy Policy and any other policy issued
by the Company which is applicable to the User and which is duly sent to the User.

The Company is constantly modifying and improving the Services and the Platform. New features may
at any time be introduced and existing features may be changed or removed from the Services at any
time and without notice. In the event that you provide us with any feedback on or comments regarding
the Services, you grant the Company the right to use such feedback or comments for any purpose
without restriction or payment to you.

The Company reserves all right, title and interest in its own and its affiliates' Intellectual Property
Rights in and to the Services and the Platform.

When using the Platform, You warrant that you will not:

a. disclose your User Account login credentials. The Company will never ask you for your
credentials by telephone or email;

b. falsely state or otherwise misrepresent yourself;

c. authorize Third-Parties from using your User Account. You should not authorize at any time a
Third-Party to use your User Account. The Company is not responsible if a third party can
access the Platform through your User Account. You are solely responsible for all the
consequences arising thereof;

d. share your User Account with any Third-Party;

e. copy, in whole or in part, any of the information on the Platform (including its source and/or
object code) other than for the purposes contemplated by these Terms;

f. exploit the Services offered on the Platform or any part of it for any commercial purpose,
including any advertisement for your own or any other person’s products and services;

g. copy, adapt, modify, perform reverse engineering, disassembling or decompiling any of the
software underlying the Platform;

h. create or maintain any unauthorised connection to the Platform;

i. disseminate, launch or use viruses, trojan horses, and other malware when using the Platform;

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j. use automated programs, web scrappers, methods which can induce hacking and scripts in
particular, for the collection of the information on the other Users of the Platform;

k. copy, modify, distribute or sell any part of the Services available on the Platform;

l. introduce any material that contains software viruses, malwares, ransomwares or spywares or
any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware, mobile devices or telecommunications
equipment or any other technologies that may harm the Platform, the Services or the interests
of any User or of the Company;

m. use Cryptocurrencies on the User Account that would constitute, encourage or provide
instructions for a criminal offense and/or Cryptocurrencies which have criminal or illicit activity at
their source, including tax fraud;

n. transmit, distribute, store or otherwise make publicly available or on the Platform any private
information or Personal Data of any Third-Party, including, addresses, phone numbers, email
addresses and/or credit card numbers unless specifically requested by the Company and
required to carry out the Services;

o. copy, modify, distribute or sell any part of the Services and/or the Platform, including its source
code and/or object code;

p. interfere or attempt to disrupt the Services and/or hack the Platform in any way.

You also warrant that you will not:

a. copy the Platform or any part of the Platform and/or the Services;

b. modify the whole or any part of the Platform, or permit it to be combined with, or become
incorporated in, any other programs, except as necessary to use the Platform on devices as
permitted in these Terms;

c. use the Platform in any unlawful manner or for any unlawful purpose, including but not limited to
illegal gambling, money laundering, fraud, blackmail, extorsion, ransoming data or the financing
of terrorism, or other violent activities;

d. use the Platform in a way that could damage, disable, overburden, impair or compromise our
systems or security or interfere with other Users; or

e. collect or harvest any information or data (including Personal Data) from the Platform or our
systems or attempt to decipher any transmissions to or from the servers running the Service.

f. hack or breach any User Account and/or the Platform, the Website or the App (any underlying
source code).

In the event that the Company has given prior written consent to not render this Section applicable, the
Company shall not hold you liable for any breach of warranties. The prior written consent may be
manifested in the form of a written agreement.

If You breach any of these conditions, representations and warranties under these Terms, the
Company may terminate your use of the Platform and take legal actions under the applicable laws
which govern these Terms or the laws which govern any other form of contractual relationship between
the User and the Company.

12. Cancellation

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The Company reserves the right to cancel any Transaction at any time for security, compliance or
fraud-protection purposes. The Company reserves the right to refuse to execute any refund if it is
prohibited by applicable law or does not meet the conditions of these Terms.

The Company may freeze any Transaction within a User Account if instructed to do so by any national
authority, national agency, anti-money laundering authority or any self-regulatory organization or, if
after internal assessment, Company it is being made with the intention to circumvent AML laws or
Company’s AML policies in force. The Company also reserves the right to freeze the Transactions if
the conditions of these Terms are not strictly respected by you.

13. Eligibility to use the Platform

In order to make use of the Platform and benefit from the Services, you have to register a User
Account and accept these Terms and the Privacy Policy. You must also fulfil the criteria which are set
out in Section 14 of these Terms.

As a condition precedent for using the Services available on the Platform, the User must provide
sufficient, accurate and true information in order to fulfill the KYC Process and the Anti-Money
Laundering Procedure. The User is also obliged to pass the KYC Process and the Anti-Money
Laundering checks imposed by the Company in order to benefit from the Services provided by the
Company on the Platform.

You hereby warrant and guarantee that you have examined your financial situation and that you are
responsible for ensuring that your financial situation allows you to place orders for the Execution of a
Transaction.

14. User Account

To register as User, you must firstly create a User Account. In order to become a User of the Services,
you must provide the following Personal Data:

a. First name;
b. Last name;
c. E-mail address;
d. Phone number;
e. Physical address;
f. Country of residence;
g. Nationality;
h. All Personal Data required to complete the KYC Process (as defined in Section 19)

By using and/or registering on the Platform, you agree to:

a. provide true, accurate, current and complete Personal Data requested;

b. maintain and promptly update these Personal Data and any other information you provide to the
Company, and to keep such information accurate, current and complete;
c. maintain the confidentiality of your password and other information related to the security of
your User Account;
d. refrain from providing any wrong or misleading information in your User Account and/or during
the KYC process (as defined in Section 19);
e. be fully responsible for all use of your User Account and for any action that takes place through
your User Account;
f. not impersonate anybody by opening a false User Account;
g. not use robots, scrappers or other tools to open User Accounts or extract Personal Data or
information from the Platform.

You authorize the Company to use any Personal Data or information provided in registering to verify
your identity (including any updated information). You are obliged to notify the Company of any
changes to your Personal Data requested for the creation of your User Account immediately. You also
acknowledge that this Personal Data is processed in accordance with the Privacy Policy.

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If you provide false or misleading Personal Data or do not notify the Company of changes to your
Personal Data immediately, the Company reserves the right to terminate or suspend your User
Account immediately and without notice to you or any liability of whatever nature. You understand and
agree that you shall not circumvent or attempt to circumvent any Company's policy about your User
status such as temporary or definitive suspensions or other type of access limitations or restrictions.

The Company also retains the right to cancel User Accounts that have been inactive for a long time or
are considered to be misleading without prior notice to the User. The Company reserves the right to
reject any registration and to refuse Service to anyone for any reason, in its sole and absolute
discretion, without any obligation to indemnify you.

The Platform is intended for Users on their own behalf or on behalf of a legal entity which they duly
represent and who comply with the criteria listed below.

Therefore, you represent and warrant that:

a. you are at least eighteen (18) years old if you are a natural person;

b. the legal person you represent exists, is duly incorporated and is concretely active;

c. you have the right, authority and capacity to agree in a binding way to the Terms on your behalf
or on behalf of the legal entity which you represent;

d. the information provided to the Company in order to create the User Account, including all KYC
information and documents and all the Personal Data granted in accordance with the Privacy
Policy are true, up to date and complete;

e. you do not provide a false name, identity or email address owned or controlled by another
person with the intent to impersonate that person for any other reason;

f. you do not provide a name that is subject to any rights of a person other than yourself or the
legal entity which you represent without proper authorisation;

g. you are not located in, or a citizen or resident, of any of the countries where the access and use
of the Platform are restricted;

h. you have not previously been suspended or removed from using the Services offered through
the Platform;

i. you must provide current, accurate identification, contact and other information that may be
required as part of the User Account registration process, KYC process, including the source of
Assets and source of wealth, and/or continued use of the Services;

j. you have regular access to the Internet and you have provided the Company with a valid email
address which can be used to communicate with you;

k. you shall conduct yourself in a professional manner in all your interactions with the Company;

l. you are not a resident or citizen of the United States or of any country listed in US-, EU-, CH- or
UN sanction lists or embargoes.

Should you not fulfill the conditions for creating a User Account and/or benefiting from the Services,
you shall immediately refrain from making use of the Services. The Company reserves the right to
refuse Service to any User at any time.

15. Restrictions for User account

You hereby acknowledge and agree that you may not be able to access all or some Services through
the Platform outside of the jurisdictions where the Company is regulated and/or entitled to conduct
business. You acknowledge and agree that the Company may suspend or terminate, at any time and

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without prior notice, your User Account and your use of the Platform and to access and use the
Services through the Platform.

You may not use the Platform at any place or in any manner that would violate any laws or regulations.
Any offer of any feature, product or service is void where prohibited by a jurisdiction through its laws,
regulations and financial authority. The Services are offered and available to persons who are residing
in Switzerland and/or in any other member state of the European Union, subject to compliance with
laws applicable in the EU and/or in any EU member state. This availability of the Platform in a country
may be from time to time amended to include more countries or to exclude any countries.

16. US citizens and Sanctions list

The Platform cannot be used by persons who are resident or citizen of the United States and by
persons who are on any trade or economic sanctions lists, such as, but not limited to US-, EU-, CH- or
United Nations Security Council Sanctions List.

In the event that you or the legal entity on behalf of whom you act is placed on an economic or trade
sanctions list, the Company shall immediately freeze your User Account until further notice on the
procedure which will be carried out internally.

17. Politically exposed persons

You must promptly notify the Company if you are or have become a Politically Exposed Person within
the thresholds of the applicable Law or if you have a relative that is or has become a Politically
Exposed Person within the thresholds of the applicable Law.

18. Lost access

Any loss or compromise of your electronic device or security details may result in unauthorized access
to the Platform by Third-Parties. You hereby agree to consider your access credentials as confidential
information and You understand to not disclose such information to a Third-Party. If you lose access to
your User Account, we will be able under certain conditions to revert your User Account. The
procedures outlined in the “Forgot Your Password” toggle will need to be followed by you in order to
regain access to the User Account.

19. KYC & AML

After setting up a User Account, You can access the Platform. If You want to use the Services, you
need to pass a procedure to establish your identification and to verify your identification (hereinafter
referred to as “KYC Process”). In order to comply with KYC and AML checks, the Company may
require additional information and Personal Data in order to verify your identity and assess the
business risk. Each User must carry out the KYC Process at least once.

The list of information, Personal Data and/or documents which are requested by the Company in order
to fulfill the KYC Process may be amended by YouHodler depending on any new regulatory
requirements applicable to the Company. The Company, at its sole discretion, reserves the right to
request to Users additional information, Personal Data or documents. The minimum Personal Data
which you must provide in order to be able to use the Services available on the Platform are listed in
the Privacy Policy.

The Company may impose limitations on the Services offered to the User based on the Suitability
Process which is undergone by the User. The Company shall not be held liable for any losses or
damages resulting from the limitation of the Services which are offered to the User. On the basis of the
Suitability Process, more information or documentation (such as copy of ID or Passport, proof of
residency, source of wealth, etc.) would be required depending on factors which determine the usage
of the Platform.

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The Company may also request additional information, Personal Data and/or documentation when
deemed necessary to clarify any doubts relating to your identity, the purpose of the Transaction or
usage of your User Account and/or related to any other topic.

You accept the Company may request further information, Personal Data and documents and that by
not providing these documents, Personal Data or information, you hereby consent the Company to
take any action which it deems appropriate, including preventing you from using the Platform.

The Company reserves its right to reject your User Account registration or to later close your User
Account, if you do not provide us with accurate, complete and satisfactory information, Personal Data
or documents.

You must provide the Company with all documents and information and Personal Data promptly and
with accuracy. You accept that delays from your side to provide documents and/or information may
delay the approval of your User Account registration.

The Company may unilaterally accept or reject potential Users in accordance with its own internal
rules (in particular these Terms, the Privacy Policy and the AML Policy), the relevant legislations, as
well as international obligations resulting from AML laws, policies regulations and guidelines and/or
SRO guidelines or policies.

You shall not hold the Company liable for any losses or damages which result in the rejection or
closing of your User Account and/or breach of your obligations under AML laws, regulations, AML
Policy and guidelines.

20. Confidentiality of User Account

If you create a User Account, you are solely responsible for maintaining the confidentiality of your
username and password, and are responsible for all activities that occur in relation to your User
Account.

The Company will not be liable for any loss or damage from your failure to maintain the security of
your User Account and password(s). You may not disclose your password(s) to any Third-Party (other
than Third-Parties authorized by you to use your User Account) and you are solely responsible for any
use of or action taken under your password through the Platform.

21. Non-Circumvention

By using the Platform, you take the full commitment and warrant that you will not:

a. use the information, material and content available on the Platform for competing, directly or
indirectly, with the Company;

b. manipulate the Company’s billing process in order to appropriate fees owed to the Company;

c. re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or
information, software; Personal Data or Services available on the Platform for any commercial or
competitive activity or purpose;

d. use any robot, spider, web scraper, other automated device, or manual process to monitor, extract
or copy any content from the Company.

In the event of breaching this Section, you may be irrevocably banned from using the Services and /or
accessing to the Platform; in such instance, the Company reserves to claim for damages and/or to
request injunctions. This Section shall not be enforced in the event that the Company has given prior
written consent to not render this Section applicable. The prior written consent may be manifested in
the form of a written agreement.

22. Taxes

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You are aware and accept that we do not provide any legal or tax advice. You are responsible for your
compliance with any tax laws, regulations and guidelines which affect the activity which you carry out
through the Platform. We are not responsible for the verification of your taxation/fiscal integrity. If you
are unaware of your fiscal obligations, if need be, you will seek the advice of a lawyer or tax expert.
You should carefully read the Risks related to taxation.

23. Risk disclosure

By using the Platform, You acknowledge and understand the purpose, risks and complexity of
Cryptocurrencies and any systems based on DLT, how their storage is carried out and how they are
transmitted and their full framework are significant and sufficient, and you shall assume responsibility
for any of the risks listed in these Terms and any other risks, assumptions and decisions involved. You
warrant that you shall not hold the Company liable for any damages or losses which may arise from
the consequences or effects of the risks outlined in this Section.

a. Volatility Risks and Financial Losses

You acknowledge and understand the purpose and complexity of Cryptocurrencies markets including
any systems based on DLT, how their storage is carried out and how they are transmitted and how its
full framework are significant and sufficient, and you assume responsibility for any of the risks listed in
these Terms and any other risks, assumptions and decisions involved.

You should ensure that you have appropriate financial resources prior to providing placing an order for
the Transaction when making use of the Conversion operations, and that you have the ability to bear
any losses that may arise from your activity on the Platform. You should not rely on being able to
generate profits in order to pay down or relinquish any credit or financing you might have entered into.
You acknowledge that the Company does not provide any financial advice or any form of advice in
relation to your interaction with the service.

You are also aware that the general market of Cryptocurrencies may be highly volatile. Such volatility
could be caused not only by the Company's operational performance or other events involving the
Company and/or its Users, or competitors, but also by changes in general conditions in the economy
or the financial markets, and the Fintech industry in particular.

As a result of such fluctuations, you are also aware that the Cryptocurrencies which are subject of the
Transaction and the Cryptocurrencies which you may acquire from the Conversion operations may not
retain the same value or increase in value and important losses may be incurred.

The value of Cryptocurrencies and the Fiat Currencies subject to Execution of a Transaction are
subject to various factors of price volatility which include, but are not limited to: (i) actual or anticipated
fluctuations in the financial condition of the market; (ii) market expectations for their financial
performance; (iii) the perception of the success and impact of Cryptocurrencies and/or Fiat Currencies;
(iv) the entrance of new individuals within the market, who may enter through other mediums and not
necessarily from the Platform; (v) new Cryptocurrencies in the markets; (v) actual or anticipated sales
of the Cryptocurrencies and/or Fiat Currencies; (vi) the lack of liquidity of the market for
Cryptocurrencies and/or Fiat Currencies; (vii) new laws or regulations or changes in interpretations of
existing laws and regulations affecting the Cryptocurrency market (viii) general market and economic
conditions; (ix) confidence in the Fintech industry and/or in DLT and/or in Cryptocurrencies; (x)
expiration of any lock-up undertakings related to the Cryptocurrencies offered on Third-Party Service
Providers where Conversion operations occurs; (xi) announcements of developments related to the
Company's business; (xii) local market conditions for Fiat Currencies; (xiii) the absence of secondary
market or demand or supply for/of Cryptocurrencies (ix) market making and (x) possible market
manipulation carried out by other issuers.

The Company does not provide, nor can it control, the prices and value for the Cryptocurrencies
and/or Fiat Currencies. The value of the Cryptocurrencies and/or Fiat Currencies is influenced by a
broad array of factors and can change rapidly and unexpectedly, meaning the value of those
Cryptocurrencies and/or Fiat Currencies, and your related losses, can also change rapidly and
unexpectedly. Amongst other things, prices of Cryptocurrencies and/or Fiat Currencies can be subject
to gapping (where the price of the Cryptocurrencies and/or Fiat Currencies opens significantly above

11
or below the previous day’s closing price) and slippage (where the price an Cryptocurrencies and/or
Fiat Currencies is executed at is different to the price to that which was quoted at the time of the
conclusion of the Transaction), especially in periods of market volatility.

Price and volume fluctuations are often experienced with regards to Cryptocurrencies and/or Fiat
Currencies. Such fluctuations as well as the economic situation of the financial markets may have a
significant negative effect on the value of Cryptocurrencies and/or Fiat Currencies, regardless of the
operating results and the financial position of the Company. Fluctuations in the value of
Cryptocurrencies and/or Fiat Currencies may result in a negative impact on your financial situation and
shall be at your sole risk.

You are also aware that the prices will depend on the prices presented on the cryptocurrency
exchange where YouHodler Executes the Transactions on your behalf. You are aware that the prices
can from time to time change.

b. Risks related Cryptocurrency exchanges and Fiat Currency exchanges from which the
value is calculated

The Company cannot ensure that an active and liquid market for Cryptocurrencies will develop and
that the value for both Cryptocurrencies and/or Fiat Currencies will not decline, thereby affecting the
Transactions carried out within the Conversion operations. The liquidity of the market and the
Third-party Service Providers used to finalize the Conversion operations will depend on the number of
purchasers and sellers, the market for similar instruments, the market capitulation of the
Cryptocurrencies and the availability of the Fiat Currencies and other factors beyond the Company's
control.

By using the Platform, you acknowledge and understand the purpose and complexity of
Cryptocurrencies. You also acknowledge and understand that any systems based on DLT, how their
storage is carried out and how they are transmitted as well as the full framework are significant and
sufficient and that the tradability of Cryptocurrencies/Fiat Currencies for must occur through the
Third-Party Service Providers for the purpose of the Conversion operations.

There can be no assurance (i) that an active and liquid market for the Cryptocurrencies or that (ii) that
the Value of the Cryptocurrencies for which Transactions should be executed will not decline below the
market value after the Execution of the Transaction.

The price of the Cryptocurrencies and Fiat Currencies for the purpose of the Conversion operations
exhibited on the Platform will depend upon several factors which are beyond the Company's control.
These factors include, but are not limited to: market expectation of Cryptocurrency’s or Fiat Currencies
performance or financial condition; fluctuations in the financial positions or operating results; general
market and economic conditions; announcements by foundations or companies have launched the
Cryptocurrencies, their business, their customers and their suppliers and any other secondary
markets.

Developments in, and changes to recommendations by analysts regarding the Cryptocurrencies

and/or Fiat Currencies market may also affect the value of Cryptocurrencies and/or Fiat Currencies.
Any such market fluctuations may adversely affect the value of Cryptocurrencies and/or Fiat
Currencies. It is unclear, according to the current state of the law and case law, whether and to which
extent the transfer of Cryptocurrencies will be treated under the law of the country from where the
Cryptocurrency is launched.

Third-Party Service Providers, where Conversion operations are Executed, are entirely digital and, as
with any virtual system, are at risk from hackers, malware and operational glitches. Even though
Third-Party Service Providers take various steps to p-reserve the security, Cryptocurrencies which is
held in wallets provided by such exchanges remain vulnerable to hacking. If a thief gains access to
one or more wallets (i.e. by stealing the private encryption key to the wallets), he/she could transfer
the stolen Cryptocurrencies to another account. Due to the fact that Cryptocurrency transactions are
irreversible, the User accepts that this is a persistent risk.

12
The Company cannot give any assurance that the Cryptocurrencies which are available on the
Third-Party Service Providers are either originating or have not been mined within a country which is
sanctioned or black-listed by FATF or if the origins of the Assets with which the Cryptocurrencies were
initially purchased before being available on the Third-Party Service Providers are illicit Assets which
originate from money laundering. The User cannot hold the Company liable for any losses or damages
which may arise from any proceedings against the User who owns Cryptocurrencies which either
originate from sanctioned or black-listed countries or which were purchased using illicit Assets before
being made available on the Third-Party Service Providers.

c. Liquidity Risks

For the purpose of the Conversion operations, the Fiat Currencies and the Cryptocurrencies made
available on the Exchanges which are available at Third-Party Service Providers are all admitted to
trading. Although, it is not guaranteed that there will be enough demand to carry out the Transaction.
In some circumstances, such as instances of market volatility or where any Exchange has been
suspended or otherwise restricted, it could also not be possible to carry out the Transactions within the
App. YouHodler does not give any warranty to support any Fiat Currency or Cryptocurrency.

d. Cyber security attacks

The Company cannot warrant that there will be no threats or security risks or hacks to the Platform or
the User accounts, the software / source code underlying the Platform, the servers within the
Company which operate the Platform. The Company cannot warrant that there will not be interruptions
to the Service due to failures of exchanges where the Conversion is carried out.

The Company cannot warrant that there will not be interruptions to the Services due to system failures
which by Third-Party Service Providers and due to any liquidity providers which are interfaced with the
Platform.

Code cracking or technical advances such as the development of quantum computers, could present a
risk for all DLT based businesses / platforms. This could result in the theft, loss, disappearance,
destruction or devaluation of Cryptocurrencies. The source code underlying the Platform and the
source code underlying the Cryptocurrency could be updated, amended, altered or modified from time
to time. There can be no guarantee that such update, amendment, alteration or modification will not
adversely affect the functionality of the Cryptocurrency. You accept that you shall not hold the
Company liable for any hacks, decrypting, decoding or code cracking which can result in the loss of
Cryptocurrencies.

The Company exercises its best efforts to have a secure Platform with adequate standards of
protection against malware, virus and hacks amongst other security hazards which can be suffered by
the Platform. You understand that the Company is not liable for any theft which may occur from any
hacks, malware or viruses.

Changes to the protocol that govern the DLT underlying the Cryptocurrencies may result in the
development of parallel chains (so-called "hard forks") when some of the nodes that are validating
transactions on the basis of the old version of the protocol, while other nodes are validating
transactions on the basis of the new protocol.

The Company may freeze the Cryptocurrencies which are affected by this change in technology until
the Company has decided as to which version of the protocol it will support. The Company may
choose not to execute a Transaction for a Cryptocurrency which underwent a hard fork.

In the event of such a freeze, the User will not be able to benefit from any Service related to this
Cryptocurrency. Such a freeze may occur immediately after the hard fork has started to take effect.
This could lead to significant uncertainties as to the price of Cryptocurrencies which has been
transferred immediately before the freeze has been implemented. Hackers or other groups or
organizations may also attempt to interfere with wallets through Sybil attacks, phishing, spoofing,
smurfing, malware attacks or consensus-based attacks.

13
The Company executes Transactions based on your interaction with Platform and the information
which is transmitted from your User Account. The Company is not always aware if the transmission of
information arrives directly from you. You understand and accept you shall not hold the Company
liable for any orders which are transmitted by hackers or by spyware or malware through your User
Account. The Company shall in no way be responsible for orders places on or through the Platform
by hackers that took control over your account since it has no way to verify whether the order comes
from you or from a third party nor any element to suspect a hack in this context.

The Company does not own or control the underlying software protocols which govern the operation of
Cryptocurrencies available for trading on our platform. In general, the underlying protocols are open
source and anyone can use, copy, modify, and distribute them. The Company is not responsible for
operation of the underlying protocols and makes no guarantee of their functionality, security, or
availability.

Since blockchain is an independent public peer-to peer network and is not controlled in any way or
manner, the Company is not be responsible for any failure and/or mistake and/or error and/or breach
which shall occur in blockchain or in any other networks in which the Cryptocurrencies are being
issued and/or traded.

ALSO, BY USING THE PLATFORM, YOU HEREBY UNDERSTAND AND ACKNOWLEDGE

THAT ANY ASSETS THAT YOU PLACE ON YOUR USER ACCOUNT COULD BE
TEMPORARILY HELD WITH A THIRD-PARTY SERVICE PROVIDER. BY USING THE
PLATFORM, YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT YOUR ASSETS
COULD BE AT A RISK BECAUSE OF HACKS OR SECURITY RISKS, WHICH COULD RESULT
IN A THEFT OR LOSS OF YOUR ASSETS.

e. Legal Risks

Generally, the regulation related to the operation of the Platform, as well as the regulation of
Cryptocurrencies, is undeveloped and likely to rapidly evolve. These foregoing regulations can also
vary significantly among international jurisdictions. Such regulations are therefore subject to significant
uncertainty.

To the extent that a domestic government or quasi-governmental agency exerts regulatory authority, a
Cryptocurrency may be materially and adversely affected. Cryptocurrencies also face an uncertain
regulatory landscape in many jurisdictions. Various jurisdictions may, soon, adopt laws, regulations or
directives that affect Cryptocurrencies.

Such laws, regulations or directives may conflict with the Company’s current understanding of the
legal landscape or may directly and negatively impact the Services and the value of the
Cryptocurrencies. The effect of any future regulatory change is impossible to predict, but such change
could be substantial and materially adverse to the development and growth of the Company.

New or changing laws and regulations or interpretations of existing laws and regulations in various
jurisdictions may materially and adversely impact the value of the Cryptocurrency, the liquidity of the
Cryptocurrencies, the ability to access marketplaces or exchanges on which to trade the
Cryptocurrencies, and the structure, rights and transferability of Cryptocurrencies or exchanges.

The Company does not exclude the possibility that the Fiat Currencies and/or Cryptocurrencies are
returned back to your External Wallet or Bank Account. Third-Party Service Providers have their own
internal anti-money laundering policies and procedures which are applicable to any Fiat Currencies
and/or Cryptocurrencies which are available on your User Account.

Therefore, even though these Fiat Currencies and Cryptocurrencies are accepted through the Platform
subject to YouHodler’s AML Policy, you are also aware that there is the possibility that Fiat Currencies
and Cryptocurrencies might be refused by the Third-Party Service Providers.

14
f. Reputational risks

A reputational risk related to Cryptocurrencies due to the wrongful behavior of some actors in this field
cannot be excluded by the Company. The materialization of such risk may have a negative impact on
the value of Cryptocurrencies available on the Platform.

g. Misrepresentation Risks

Cryptocurrencies which are launched on an exchange are usually supported by a white paper,
investment memorandum and/or prospectus, depending on whether the Cryptocurrency is considered
to be a Payment Token, an Asset Token or Utility Token. The content of the white paper or the
prospectus is the responsibility of the entity or foundation which issues the Cryptocurrency.

The Company does not assume responsibility for information within the white paper, investment
memorandum or prospectus which explains the purposes, scope or intent of a Third-Party when
launching a Cryptocurrency. If the Cryptocurrency is available on the Platform (which is not the case of
Asset tokens), the User accepts and warrants that he/she will not hold the Company liable for any
misrepresentation of information or inaccuracies which are present in the white paper, investment
memorandum or prospectus of the said Cryptocurrency.

h. Taxation Risks

You are solely responsible for complying with all applicable laws related to your use of the Platform,
including without limitation any reporting obligations and payment of all applicable taxes. You will
determine what, if any, taxes apply (if any) to your use of the Services, and it is your responsibility to
report and remit the correct taxes to the appropriate tax authority.

We strongly recommend you to consult a personal, professional tax advisor on a regular basis who
can assist you in the correct assessment. Each User should consult with and rely upon the advice of
its own professional tax advisors with respect to the tax treatment of Cryptocurrencies and/or Fiat
Currencies.

i. Insolvency Risks

You hereby confirm and warrant to the Company that the Execution of a Transaction will not put you in
a situation where you would risk an insolvency or a seizure from your assets. If this is the case, you
shall refrain from entering placing any orders on the Platform.

24. Services provided “as is” and release of claims

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN
RELATION TO THE SERVICES AND/OR THE PLATFORM.

IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE

REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE
SERVICES OR THE PLATFORM, OR THAT THE SERVICES OR THE PLATFORM WILL BE
UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF THE SERVICES CARRIED OUT FOR AND/OR ON BEHALF
OF THE USER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE
SERVICES AND TRANSACTIONS CARRIED OUT ON YOUR BEHALF REMAINS SOLELY WITH
YOU.

YOU AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES IS/ARE RESPONSIBLE FOR
THE FITNESS OR CONDUCT OF ANY USER, FOR ANY THIRD-PARTY SERVICE PROVIDED OR
FOR ANY SERVICE PROVIDED OR FOR THE TRANSACTIONS WHICH ARE EXECUTED ON
YOUR BEHALF AND BASED ON YOUR USE OF THE CONVERSION OPERATIONS. NEITHER THE
COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE

15
ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY USER OR SERVICE
AVAILABLE ON THE PLATFORM.

YOU AGREE NOT TO HOLD THE COMPANY LIABLE FOR ANY LOSSES RESULTING FROM
MAKING ANY CRYPTOCURRENCIES AVAILABLE ON THE PLATFORM FOR THE CONVERSION
OPERATIONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT
WHETHER THE CRYPTOCURRENCIES AVAILABLE ON THE PLATFORM ARE NO LONGER
TRADED BY THIRD PARTY SERVICE PROVIDER.

Any warranty, condition or other term arising out of or in connection with the Services which might
otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in
the country where the Services are used or otherwise (including without limitation any implied term as
to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

If you have a dispute with one or more User(s), you agree to release the Company (including our
affiliates, and each of its respective officers, directors, employees, agents, shareholders, retail
partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed (including without
limitation attorneys', experts’ and courts’ fees and expenses), arising out of or in any way connected to
such disputes.

25. Downtime

Since most of the Services are web-based, they might be subject to temporary downtime. From time to
time, we also update or maintain the Platform, which will result in the Platform not being available for a
certain period of time. We do not warrant that the Platform operate uninterrupted or error free. We are
not responsible for any damages or losses suffered by you as a result of any failure or interruption of
the Platform, suspension of your access to the Platform, including any damage occurring as a direct or
indirect result of an Execution of a Transaction.

26. User Responsible to Update

You acknowledge that when we perform an update to the Application, You would be required or asked
to update the version of the Application which is available on your device. We strongly recommend
you to perform these updates immediately due to the fact that these updates might contain security
patches, new services or availabilities which are not available on older versions. We are not
responsible for any damages or losses suffered by you as a result of your failure to perform an update
of the Application.

27. Limitation of Liability

These Terms set out the full extent of our obligations and liabilities with respect to the Services and the
provision of the Platform.

THE COMPANY CANNOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR INACCURATE
OR MISLEADING OR IN ANY OTHER MANNER DECEPTIVE INFORMATION WHICH IS NOT
PROVIDED DIRECTLY BY THE COMPANY ON THE PLATFORM.

THE COMPANY CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANY ERRORS (INCLUDING
MANIFEST AND TYPOGRAPHICAL ERRORS), ANY INTERRUPTIONS (WHETHER DUE TO ANY
(TEMPORARY AND/OR PARTIAL) BREAKDOWN, REPAIR, UPGRADE OR MAINTENANCE OF THE
SERVICES) OR OTHERWISE, INACCURATE, MISLEADING OR UNTRUE INFORMATION OR
NON-DELIVERY OF INFORMATION. EACH USER REMAINS RESPONSIBLE AT ALL TIMES FOR
THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE (DESCRIPTIVE)
INFORMATION (INCLUDING, AVAILABILITY AND ANY PERSONAL DATA OR OTHER
INFORMATION) DISPLAYED ON THE PLATFORM AND/OR THROUGH THE USER ACCOUNT.

YOU HEREBY IRREVOCABLY RELEASE THE COMPANY (INCLUDING ITS AFFILIATES, AND
EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS,
RETAIL PARTNERS, LICENSORS AND SUPPLIERS) FROM ANY DAMAGES OR CLAIMS

16
(INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE,
SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR
UNDISCLOSED, ARISING OUT OF YOUR INTERACTION WITH THE PLATFORM OR THE
SERVICES AND/OR MISLEADING INFORMATION.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY HEREBY EXCLUDES: (I) ALL
CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY
STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND (II) ANY LIABILITY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PERSONAL DATA, LOSS
OF PROGRAMS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR
CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF CRYPTOCURRENCIES, LOSS OF
FIAT CURRENCIES, LOSS OF GOODWILL, CLIENT INSATISFACTION, FAILURE TO STORE ANY
INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY/THROUGH THE
SERVICES, SERVICE INTERRUPTIONS, WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED
BY ANY USER OR THIRD-PARTY IN CONNECTION WITH THE PLATFORM OR THESE TERMS.

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORM. THE
COMPANY WILL NOT BE LIABLE FOR THE QUALITY AND OUTLOOK OF THE PLATFORM. THE
COMPANY WILL NOT BE LIABLE FOR THE NON-COMPLIANCE OF THE USER WITH ANY LAWS
GOVERNING HIS/HER ACTIVITY ON THE PLATFORM NOR WITH ANY SANCTION RESULTING
FROM SUCH NON-COMPLIANCE.

THE COMPANY WILL NOT BE LIABLE IN ANY WAY IF THE SERVICES MADE AVAILABLE ON THE
PLATRFORM ARE NOT AVAILABLE FOR USE. THE COMPANY WILL NOT BE LIABLE FOR ANY
ADVERTISEMENT MADE IN RELATION TO THE SERVICES MADE AVAILABLE ON OR THROUGH
THE PLATFORM AND/OR ANY THIRD-PARTY’S WEBSITE.

THE COMPANY IS NOT LIABLE FOR (PARTIAL) INTERRUPTIONS TO AND DOWNTIME OF THE
SERVICES DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR OTHER REASONS
THAT IT CANNOT DIRECTLY CONTROL OR THAT ONLY IMPEDE USE OF THE SERVICES TO A
NEGLIGIBLE EXTENT. THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.

THE COMPANY IS NOT LIABLE FOR THE CONTENT OF THIRD-PARTY SERVICE PROVIDER
WEBSITE AND THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS, POLICIES, AS
WELL AS THEIR CONTENT. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE HELD
LIABLE FOR THE APPLICATION (OR NON-APPLICATION) OF THE TERMS AND CONDITIONS
AND POLICIES OF A THIRD-PARTY, EVEN IF THE PLATFORM CONTAINS A LINK TO THESE
TERMS AND CONDITIONS AND POLICIES AND/OR TO THE THIRD-PARTY WEBSITE.

IN ANY EVENT, THE COMPANY, (INCLUDING ITS AFFILIATES, AND EACH OF ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS,
LICENSORS AND SUPPLIERS), WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY
CLAIMS RELATING TO THE SERVICES, WHETHER IN TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE.

THE USER IS RESPONSIBLE FOR THE REMITTANCE, COLLECTION, WITHHOLDING OR

PAYMENT OF THE RELEVANT TAXES DUE ON CRYPTOCURRENCIES TO THE RELEVANT TAX
AUTHORITIES. YOU UNDERSTAND AND AGREE THAT BY FILING ANY CLAIM MORE THAN
THIRTY (30) AFTER THE DISCOVERY OF THE ALLEGED LIABILITY, YOU WILL BE DEEMED TO
HAVE FORFEITED YOUR RIGHTS. ANY SUCH CLAIM SHALL BE TIME-BARRED.

28. FORCE MAJEURE

The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused to
the User by circumstances beyond its reasonable control, in particular in case of a Force majeure

17
Event. We reserve the right to cancel, freeze or halt the placement of orders by Force majeure Event
without any obligation to indemnify Users.

29. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company including its affiliates and each of
their respective shareholders, officers, directors, employees, agents (each hereinafter referred to as
an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties,
fines and expenses, including without limitation attorneys', experts’ and courts’ fees and expenses,
that may be incurred by an Indemnified Party arising out of, relating to or resulting from your
unauthorized use of the Platform or from any breach by you of these Terms, including without limitation
any actual or alleged violation of any law, rule or regulation.

30. LINKS

Links on the Platform to other companies’ (Third-Party Service Providers’) websites, are solely
provided in the User’s interest. The Company has no influence on the content of Third-Party Service
Providers’ websites, as well as Third-Party website. The Company therefore cannot assume any
guarantee for the accuracy, completeness or safety of this Third-Party content.

31. ELECTRONIC COMMUNICATIONS

When you use the Services, or send emails to the Company, you are communicating with us
electronically. When sending us emails, you need to use your correct email address. The Company is
not responsible or liable for any wrong or misspelt email address or inaccurate or wrong Personal Data
submitted to the Company.

By using the Platform, you agree to receive electronically any communications related to your use of
the Services and/or the Platform, including any emails, promotional content, including any offers by the
Company regarding the use of the Platform and/or push-notifications. We will communicate with you
by email or by posting notices on the Platform.

You agree that all agreements, notices, disclosures and other communications that are provided to
you electronically satisfy any legal requirement that such communications be in writing. All notices
from us intended for receipt by you shall be deemed delivered and effective when sent to the email
address you provide using the Services for your User Account.

32. INTELLECTUAL PROPERTY RIGHTS

The Company reserves all rights, titles and interest in its and any possible affiliates' Intellectual
Property Rights in and to the Platform and the Services, the Company name, and the domain names
of its Website.

Intellectual Property Rights and all other proprietary rights in relation to the content available on or
through the Platform (including but not limited to the software, mobile software, algorithms, codes,
audio, video, text, animations, files, photographs designs, graphics, layouts, images, video,
information and their selection and arrangement for the Platform, but excluding all content of
Third-Party Service Provider, APIs and software) is the sole ownership of the Company.

Any use of the content of the Website and/or the Application, including but not limited to the
distribution, reproduction, modification, the making available, the communication to the public, publicly
perform, frame, download, display or transmission, in whole or in part, without the prior written consent
of the Company is strictly prohibited.

You may not derive or attempt to derive the source code and/or the object code of all or any portion of
the software or mobile software (hereinafter referred to as “Software”), permit any Third-Party to
derive or attempt to derive such source code and/or object code, or reverse engineer, decompile,
disassemble, or translate the Software or any part thereof.

18
33. ENTIRE AGREEMENT AND SEVERABILITY

These Terms, the Mandate Agreement and the Privacy Policy and the applicable policies, subject to
any amendments, shall constitute the entire agreement between you and the Company with respect to
the Services available on the Platform. If any provision of these Terms or Privacy Policy is found to be
invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent
necessary and the remaining provisions will remain in full force and effect.

34. TERMINATION

You may terminate your User Account and stop using the Services at any time and without notice to
the Company or court order. The Company may terminate or suspend your User Account and/or your
ability to use the Service, in whole or in part, in the event that (i) you violate these Terms or violate any
other rules that govern the use of the Services, including the Privacy Policy and any other terms and
conditions and policies, (ii) your conduct may harm the Company, Users or Third-Party or cause the
Company, the other User or any other Third-Party to incur liability, (iii) your User Account has used for
or suspected to be used for illegal, fraudulent or malicious activities, (iv) the Company receives a
freezing order, stop order, directive, or any form of order from any judicial body, national authority or
governmental authority or governmental agency which is directed towards any User Account
registered under your name or (iv) as otherwise determined by the Company in its sole discretion.

The Company may modify and adapt the Services and other items used or contained in the Service, at
any time. In any case, the Company reserves the right to terminate Service of anyone at any time
without notice for any reason. Your access to, use of, or participation in the Service, including any
content therein, may be prevented by the Company at any time after your termination of your User
Account.

Notwithstanding such termination, you agree that you will continue to be subject to the obligations
which, by their nature, survive such termination, including the obligations relating to Intellectual
Property Rights and conservation of certain information for a certain period of time.

35. RESERVATION OF RIGHTS

The Company retains the right to, in its sole discretion, immediately terminate any User Account,
prevent or restrict access to the Services or take any other action to restrict access to the Platform.
The Company reserves the right and has absolute discretion but not as an obligation, to remove,
screen or edit any content that breaches these provisions or is otherwise objectionable. The Company
reserves the right to refuse or terminate a User Account if the User is otherwise making inappropriate
use of the Company’s domain name.

The Company reserves the right to initiate legal proceedings against any User and/or Third-Party for
fraudulent use of the Services, the Platform and any other unlawful acts or acts or omissions in breach
of these Terms and/or the applicable laws.

36. NO WAIVER

The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to
do so in the future with respect to that provision, any other provision, or these Terms as a whole.

37. MODIFICATIONS

The Company reserves the right to make any changes to these Terms at any time, as the Company
deems necessary or desirable. Your continued use of the Platform and the Services after any such
changes or after explicitly accepting the new Terms, upon logging into the Platform shall constitute
your consent to such changes. If you do not agree to any modifications to these Terms, you should
stop using the Services.

38. ASSIGNMENT

19
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at
assignment by you shall be void.The Company may assign its rights, licenses, and obligations under
these Terms without limitation.

39. ENGLISH VERSION

If there is an inconsistency between any of the provisions of this English language version and a
translated version of these Terms, the provisions of this English language version shall prevail. Any
translated versions of the Terms or the Privacy Policy or the policies shall be for convenience only.

40. GOVERNING LAW AND JURISDICTION

The Terms, as well as the use of the Platform and the Services shall be governed by the laws of
Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the
courts of Lausanne, Switzerland.

41. PRIVACY POLICY

Any Personal Data which will be provided to the Company will be used in accordance with the Privacy
Policy, the terms of which are hereby incorporated into these Terms.

42. CONTACT

In the event that you have any queries regarding these Terms, the Platform and/or the Services
available therein, do not hesitate to contact [email protected].

20
 Annex 1 – Definitions

For the purposes of these Terms, the capitalized terms shall have the following definitions:

Application refers to the YouHodler mobile application which is available on

Android and iOS and within which the Platform is available.

AML refers to laws on Combating Money Laundering and Terrorist

Financing.

AML Policy refers to the internal policy of YouHodler which outlines the
procedures related to AML.

Asset(s) means either Fiat currencies or Cryptocurrencies.

Asset Token(s) refers to the tokens that are analogous to equities, securities,
bonds or derivatives. These tokens enable underlying physical
assets to be traded using distributed ledger technology also fall
into this category.

Bank Account means an account opened by a regulated bank, financial

institution or custodian.

Company means YouHodler SA, a company duly registered in Switzerland

with company registration number CHE-336.197.657, with a
registered address at Rue de Valentin 1, 1004 Lausanne.

Confidential Information means information, idea, concept, material or any other

Company’s data, not yet entered into the public domain,
whether it has been communicated orally or in writing, including
but not limited to all information regarding the Company’s
business, concept or business model, all trade secret, all price
lists and User’s data, including and in particular the Transaction.

Cryptocurrency(-ies) means a digital currency in which encryption techniques are

used to regulate the generation of units of currency and verify
the transfer of funds, operating independently of a central bank
by using DLT. For the purposes of these Services, the term
Cryptocurrencies refers to Payment Tokens and Utility Tokens
solely.

Cryptocurrencies wallet means the part of the User Account in which the
Cryptocurrencies are placed once a Transaction is executed
and/or once the Cryptocurrencies are transferred from an
External Wallet to the User Account for the purposes Executing
Transactions.

Conversion operations means conversion services which allow for Transactions to be

carried out on behalf of the User.

DLT refers to Distributed Ledger Technology.

“Execution of” or “Execute” or

“Executed” or “Executing” […]
on behalf of Users means the conclusion of Transactions on behalf of Users as
indicated in the Conversion operations.

External Wallet means a Cryptocurrency wallet to which a User may elect to

send Cryptocurrencies or from which a User transfers or
receives Cryptocurrencies.

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Fiat Currency(-ies) means a centralized issued currency which is not backed by a
physical commodity and for the purpose of the Platform, shall
include Euro (EUR), US Dollar (USD), Swiss Francs (CHF),
British Pound (GBP).

Force majeure Event(s) means any event which is neither foreseeable nor objectively
attributable to the Company or the User and which is objectively
likely to delay the performance of obligations set out in these
Terms, including but not limited to natural phenomena,
government measures, acts of terrorism, demonstrations, fires,
shortages, explosions, floods, epidemics, pandemics,
quarantine factory blockages, satellite or telecommunication
problems, Internet unavailability, strikes or other labor disputes
(whether or not such disputes involve the Company's
employees), accidents, plant breakdowns, impediments or
delays by carriers, impossibility or delay in obtaining supplies or
appropriate and necessary equipment, seizures, sequestrations
or other measures taken by or on the order of an apparently
competent authority and all other unpredictable events.

Intellectual Property
Right(s) means past, present and future copyrights, patents, registered
designs, design rights, know-how or any other proprietary or
industrial right, includes, without limitation, any patents,
trademarks, service marks, registered designs, database rights,
know-how, trade secrets, Confidential Information, trade and
business names and any other similar protected rights in any
country, whether registered or unregistered, as well as
applications for any of the above mentioned rights.

KYC refers to the term Know-Your-Customer.

Mandate Agreement means the execution-only mandate agreement entered into

between Users and the Company for the purpose of allowing
the latter to operate Conversion operations on behalf of Users.

Payment Tokens means tokens which are intended to be used, now or in the
future, as a means of payment for acquiring goods or services
or as a means of money or value transfer. Payment Tokens do
not give rise to claims on their issuer.

Personal Data means any information relating to an identified or identifiable

natural or legal person, an identifiable person is one who can
be identified, directly or indirectly, in particular by reference to
an identifier such as a name, an identification number, location
data, an online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or
social identity of that person.

Platform means the online platform which is available on the Website

and/or the Application where the Services are offered by the
Company.

Platform Content means the content of the Platform which includes Services
developed and provided by the Company.

Privacy Policy means the Privacy Policy governing the use of the Website
and/or the Application (issued on 26.07.2020).

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Service(s) means the service which is provided by the Company through
the operation of the Platform as described in Section 2 of these
Terms.

Stable coin(s) refers to Cryptocurrencies which have Fiat Currencies as their

underlying asset.

SRO refers to the self-regulatory organization to which YouHodler is

affiliated for the purpose of complying with its AML obligations
as financial intermediary and/or financial service provider.
PolyReg Association is the SRO to which YouHodler SA is
affiliated

Suitability Process means the process put in place by the Company to carry out a
due diligence and verification of the Personal data provided by
Users in the course of the KYC Process and to ensure that the
Services which are offered by the Company are appropriate for
the User.

Third-Party(-ies) means any natural and/or legal person who is not the Company,
a User or a Third-Party Service provider.

Third-Party Service
Provider means the entity which has been engaged or commissioned by
the Company to carry out services on its behalf.

Transaction means the acquisition and/or disposal of Fiat Currencies and/or

Cryptocurrencies on behalf of Users by Executing of orders
which allowing for the purchase and sale of Cryptocurrencies
(with the exception of Asset Tokens) which can be carried out
on or through the Platform. This includes the Execution of
orders allowing for the purchase of Fiat Currencies or
Cryptocurrencies with Fiat Assets or Cryptocurrencies.

User(s) means any natural person acting on his/her own behalf or any
natural person acting on behalf of a legal person who makes
use of the Platform which is available on the Website and/or
Application. The User is also referred to as “You” or “you” as
well as “your” or “Your” depending on the case in these Terms.

User Account means the account created upon your registration with the
Platform.

Utility Tokens means tokens which are intended to provide access digitally to
an application or service by means of a DLT infrastructure.

Visitor means an individual who visits the Website and/or Application

without creating a User Account and/or using the Services.

Website means the website of the Company and through which the
Platform is available. The Website is available on this address:
www.youhodler.com/swiss and/or https://app.youhodler.com/.

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