These Terms constitute a legally binding agreement between you (“you”, “your” or “User”) and MONEXORA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a company duly incorporated in Poland, KRS 0001139914, REGON 540248555, with its registered office at ul. RONDO IGNACEGO DASZYŃSKIEGO, nr 2B, lok. W2410, 00-843, WARSZAWA (“Monexora”, “we”, “our” or “us”).
The Terms govern your use of the Monexora Services made available to you.

By using the Monexora Services, you agree that you have read, understood, and accepted these Terms, together with any additional documents or terms referred to in these Terms.
You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.

If you do not understand and accept these Terms in their entirety, you should not use any Monexora Services.

Monexora is a registered virtual assets service provider providing services (“crypto exchange services”, “Monexora services”) related to purchase, sale, transfer, and acceptance of cryptocurrencies (“Cryptoassets”, “Digital Assets”). Monexora has been granted Virtual Asset Service Provider (VASP) registration by the Polish Tax Administration Chamber of Poland in Katowice (registration number RDWW — 1683), which enables it to provide cryptocurrency exchange services.

Monexora warns that any operation with Cryptoassets is risky and may not be suitable for some Users. The regulatory status of Cryptoassets varies between jurisdictions, and is subject to significant uncertainty. Transactions with Cryptoassets are considered as a high-risk form of transaction, which can lead to a total loss of the Users' funds. Your transaction is not protected by any government protection scheme, nor is it secured by Monexora.

The User should carefully consider whether the Monexora Services are appropriate and convenient in terms of their knowledge, experience, financial objectives, financial resources, and other relevant circumstances.

It is highlighted that transactions in Cryptoassets are irreversible, so the User must take the utmost precautions when carrying out the operations. Likewise, the User acknowledges the existence of additional, significant, foreseen and unforeseen risks and exempts Monexora from liability for damages or claims for differences, since they are direct consequences of the market.

The User acknowledges and accepts their understanding that transactions with Cryptoassets are subject to a series of particular risks, including, but not limited to:

• risks inherent to the jurisdiction in which the User resides, as well as those of the jurisdiction in which the purchase or sale or transfer of Cryptoassets is carried out;
• computer, technical or technological risks arising from the functionality, characteristic, use and other technical properties of the Cryptoassets, as well as from the underlying technology thereof and any other risks that have an impact on the transaction;
• risks due to implementation or changes in regulatory and/or legal matters that affect those who hold Cryptoassets or risk inherent to the lack of regulatory support or supervision of any governmental bodies;
• the risks inherent to technology and the use of digital platforms, since despite the development and high investment in computer security made by Monexora, there are risks such as phishing, identity theft or cyberattacks (hacking) that could generate losses, changes or theft of Cryptoassets;
• economic, financial and volatility risks in the value of Cryptoassets, since they are not considered legal tender and their value is not backed by any government or financial institution;
• technological, cyber and fraud risks inherent in the purchase, sale and exchange of Cryptoassets.

The User accepts, acknowledges and assumes that - in addition to those mentioned above - there may be additional risks that have not been expressly foreseen in the Terms and Conditions.
The User declares to be aware that Monexora, under no circumstances, makes investment advice to Users and, under no circumstances, acts as an advisor. The purchase and sale of cryptoassets are the sole responsibility of the User.

Monexora does not provide financial advice, investment advice, or legal assistance in connection with the Monexora Services. Monexora may provide information about the price, range, volatility of Digital Assets and events that have affected the price thereof, but such information should not be considered investment or financial advice and should not be construed as such. Any notifications/Email/Push/Social Media Posting, are for informational purposes only. Any decision to buy and/or sell Digital Assets is a decision of the User and Monexora shall not be liable for any loss suffered.

By using Monexora Services you are entering into a legally binding agreement with us. These Terms will govern your use of the Monexora Services and tell you who we are, how we will provide the Monexora Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.

You must read these Terms, together with the documents referenced in the Terms, carefully and let us know if you do not understand anything.

These Terms may refer to additional documents which also apply to your use of the Monexora Services. This includes our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using the Monexora Services, you understand and agree to such processing, and you promise that all data provided by you is accurate and up to date.

You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the Monexora Services.

Eligibility criteria. To be eligible to register for use of the Monexora Services, you shall:

• be an individual (not acting on behalf of a business), corporation, legal person, entity or other organisation with the full power, authority and capacity to (1) access and use the Monexora Services; and (2) enter into and comply with your obligations under these Terms;
• if you are an individual, be at least 18 years old;
• if you act as an employee or representative of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
• must verify your identity with us and pass any other checks we are required to conduct (such as anti-money laundering checks and know your customer procedures).
• not have been previously suspended or removed from using Monexora Services;
• not be a Restricted Person;
• not be located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in:

a) a jurisdiction where it would be illegal under Applicable Law for you to access or use the Monexora Services or cause us or any third party to contravene any Applicable Law.
b) a country listed in our List of Prohibited Countries.

Amending our eligibility criteria. We may amend our eligibility criteria at any time at our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:

• we are making the change as a result of legal and/or regulatory changes;
• the changes being made are in your interest; and/or
• there is no other valid reason which means there is no time to give you notice.

A mandatory requirement for using Monexora 's Services is entering into an agreement with Monexora for the respective service provision.

How you can contact us. For more information on Monexora, you may refer to the information found on our Website. If you have questions, feedback or complaints you can contact us via our Customer Support team at info@monexora.com.

Payment of fees. You agree to pay all applicable fees in connection with your use of the Monexora Services.

Monexora may, at its sole discretion, update the fees & charges from time to time. Please be aware of all costs and charges that apply to you, because such costs and charges will affect the gains you generate from using Monexora Services.

You will need to comply with our identity verification procedures before you are permitted to use the Monexora Services, by providing us with certain information about yourself. You must comply with all requests to verify your identity, address and source of funds. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes.

You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries.

When we carry out inquiries, you acknowledge and understand that your personal data may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.

You can review our Privacy Policy to have more information about how we process your personal data.

We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, or your business, providing additional records or documentation, or having face-to-face meetings with representatives of Monexora.

We keep your personal data to enable your continued use of Monexora Services, for as long as it is required to fulfil the relevant purposes described in this Privacy Policy, and as may be required by law such as for tax and accounting purposes, compliance with anti-money laundering laws, or as otherwise communicated to you. Please review our Privacy Policy for more information on how we collect and use your personal data relating to the use and performance of our Sites and the Monexora Services.

When we may request information. We may require information from you at any time for the purposes of complying with any Applicable Law, or KYC and CDD requirements, or with the purpose to prevent ML/TF and protect you from fraud and financial loses, or any other financial crime, or for any other valid reason. You agree to provide us with any such information we request and permit us to keep a record of the information as prescribed by Applicable Law.

You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply promptly, we reserve the right to suspend or terminate your access to all or part of the Monexora Services immediately, without notice.

You must ensure that any Instruction submitted to Monexora in relation to Monexora Services is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are or appear to be duplicates. However, if we are in doubt as to the accuracy, authenticity, or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction or seek further information concerning the Instruction.

Instructions are irrevocable and therefore once an Instruction has been submitted by you, you do not have right to rescind or withdraw it without our written consent. Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions will be conclusive and binding on you for all purposes.

By submitting an Instruction, you are authorising us to initiate the Transaction. We are therefore authorised to credit or debit (or provide settlement information to third parties for the purposes of the third-party crediting or debiting) your Digital Assets in accordance with your Instruction. If you have insufficient Digital Assets or Fiat Currency to execute the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction.

We do not represent or warrant that any Transaction will be completed successfully or within a specific time period.

We are not responsible for any claim or losses resulting from a Transaction executed as a result of an unauthorised Instruction unless you have notified us in accordance with this clause.

To facilitate compliance with global industry standards for data retention, you agree to permit us (but agree to not require us) to keep a record of all Transaction information as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law. Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Sites and the Monexora Services.

The Privacy Policy. Our collection and use of personal data in connection with these Terms, the Monexora Services, and any Site is as provided in our Privacy Policy (as updated from time to time). You acknowledge that we may process personal data in relation to you, that you have provided to us, or we have collected from you in connection with these Terms and in accordance with the Privacy Policy. Your personal data will be processed in accordance with the Privacy Policy, which shall form part of these Terms.

You represent and warrant that:

• you acknowledge that you have read and understood our Privacy Policy;
• our business changes regularly and our Privacy Policy will change also. Therefore, if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read the Privacy Policy.

We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your acceptance of these Terms constitutes your express consent.

We will let you know in advance of most changes and will give you notice before the changes take effect. However, we may occasionally need to make changes without telling you in advance. This may include where:

• we are making the change as a result of legal and/or regulatory changes;
• the changes being made are in your interest;
• the changes are to make these Terms clearer to you; and/or
• there is any other valid reason which means there is not time to give you notice

Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.

In exception of cases where changes come into effect immediately, the updated Terms will come into effect after we have given you notice. If we do not hear from you, we will assume that you have accepted the change and your continued access to or use of Monexora Services will be deemed acceptance of the updated Terms.

We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Monexora Services. In particular, we may: (1) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse any Transaction you have authorised; (2) terminate, suspend, or restrict your access to any or all of the Monexora Services; (3) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators); and/or (4) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:

• you are not, or are no longer, eligible to use one or more Monexora Services;
• we reasonably suspect that information provided by you is wrong, untruthful, outdated, or incomplete;
• we have reasonable concerns in relation to your creditworthiness or financial status, including:

1. in the event that you are an individual, you become bankrupt, of unsound mind, commit an act of bankruptcy, or have action to place you in bankruptcy commenced against you;
2. in the event that you are acting on behalf of a partnership, any of the partners die or become bankrupt or of unsound mind, commit an act of bankruptcy, or have action to place any of the partners in bankruptcy commenced, or if action is commenced to dissolve and/or alter the partners or the constitutions of the partnership;
3. in the event that you are acting on behalf of a corporation, the corporation is unable to pay its debts as and when they are due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;
4. you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;

• we reasonably consider that we are required to do so by Applicable Law, or any court or authority to which we are subject in any jurisdiction;
• we have determined or suspect:

1. that you have breached these Terms;
2. that you have breached any express or implied warranties in these Terms or any representations you have made;
3. that any Transaction is unauthorised, erroneous, fraudulent, or unlawful, or the Monexora Services are being used in a fraudulent, unauthorised, or unlawful manner;
4. there is any suspection of money laundering, terrorist financing, fraud or any other crime in connection with your use of the Monexora Services;
5. you owe amounts to Monexora that are not satisfied, whether due to a chargeback or on any other basis;
6. an issue has arisen during passing CDD procedures;
7. there is any other valid reason which means we need to do so.

We will take reasonable steps to provide you with appropriate notice. However, there might be times when we are required not to do so by Applicable Law.

You have the right to terminate your use of our services by contacting us. You will not be charged for terminating, although you will be required to pay any outstanding amounts owed to us (if any). You authorise us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your available funds (Digital Assets).

In certain cases, we may delay or refuse to accept termination, including where:

• you are trying to evade an investigation by relevant authorities;
• you have a pending transaction or an open claim;
• you have any outstanding amounts owed to us; or
• your funds (Digital Assets) or transactions are subject to a freeze, hold, limitation or reserve.

Depending on the type of services provided to the customer, additional requirements may apply to the termination procedure.

You agree and acknowledge that:
(1) we are not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Website, and (2) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.

We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Website for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, or suspending your access to Monexora Services. We shall also have the right to restrict or ban you from any and all future use of any Monexora Services.

By using Monexora Services you agree that you will not:

• breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms;
• use Monexora Services in a manner that violates public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prevent other users from using Monexora Service;
• use Monexora Services for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
• use the Monexora Services for anything which, in Monexora’s sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by Applicable Law;
• engage in fraudulent activities, or cause us to suspect that you have engaged in fraudulent activities and/or Transactions;
• use Monexora Services to conduct lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance;
• provide false, inaccurate or misleading information in connection with your use of the Monexora Services, in communications with us, or otherwise connected with these Terms;
• modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in such Monexora IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the Monexora IP;
• facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the Monexora Services;
• violate, or attempt to violate, (1) any Applicable Law; or (2) ours or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.

The following categories of clients are prohibited from the use of Monexora Services: customers under Sanctions, customers with cash-intensive business, customers who have PEPs in their ownership structure, customers associated with prohibited business activity, customers associated with prohibited jurisdictions, customers with AML/CFT links detected, etc.

You hereby represent and warrant to us, always, the following:

• all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to use the Monexora Services;
• all decisions made in connection with these Terms were solely and exclusively based on your own judgement and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;
• you have full power, authority, and capacity to (1) use the Monexora Services; and (2) enter into, deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms;
• if you are a corporation, partner in a partnership, or trustee of a trust:

1. the corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law, and any partnership or trust deeds (or other like documents);
2. you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners; and
3. you will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis;

• that you are not a Restricted Person;
• if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old.

You shall indemnify and hold harmless us from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Losses”), arising out of or in any way connected with:

• your use of the Monexora Services;
• your or alleged breach of these Terms or your contravention of any other clause or sub-clause of these Terms, including any terms and conditions incorporated by reference;
• your contravention of any Applicable Law; and
• your violation of the rights of any third party.

We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you shall cooperate as fully required by us in asserting any available defences. You will not settle any claims or Losses without our prior written consent.

You hereby agree to release us from any and all claims and demands (and waive any rights you may have against us in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Monexora Services (including any Digital Asset Transactions) or the subject matter of these Terms.

Our liability, to you or any third parties in any circumstance, is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms and shall in no event exceed the amount of fees paid by you to Monexora in the 12 months preceding the event giving rise to the Loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of our entire liability for any and all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither Monexora is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

Please contact Monexora first if you have any concerns with the Services. Monexora wants to address your concerns without resorting to formal legal proceedings, if possible. Monexora will attempt to resolve the dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

In the event the dispute cannot be resolved satisfactorily, and you wish to assert a Claim against Monexora, then you agree to set forth the basis of such Claim in writing in a “Notice of Claim,” as a form of prior notice to Monexora. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, and (3) include your email. The Notice of Claim should be submitted to info@monexora.com.

The interpretation and scope of the Terms and Conditions will be in accordance with current law of Poland. Any dispute that may arise out of use of the Services, must be addressed to and resolved by the relevant court of Poland.

You must comply with all Applicable Laws, licensing requirements and third-party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Monexora Services.

We may give notice by email to your Email Account. It is your responsibility to ensure that the Email Account is up-to-date and accurate. Notices may be given and are deemed to be received if sent to your Email Account, whether or not a notice of delivery failure is received.

You may give us notices only as we direct, which may change from time to time.

Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorised by the party giving it.

The Terms constitute the whole agreement between you and us with respect to the Monexora Services. Each party acknowledges that it has not relied on and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in the Terms.

You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent. However, we may assign or transfer any of our rights or obligations under the Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganisation involving Monexora.
If, at any time, any clause or sub-clause of the Terms is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.

You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, including communication used to give Instructions or effect Transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.

All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.

Monexora is not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

We will not be liable for any delay or failure to perform as required by these Terms to the extent the delay or failure is caused by a Force Majeure Event.

No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.

In addition to any legal or other remedy available under the Terms or by law, we may set off any amounts you owe to us under the Terms or otherwise. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.

If you receive information about another client from utilising the Monexora Services, you must keep the information confidential and only use it in connection with the Monexora Services and always in accordance with Applicable Law. You must not disclose or distribute any client information to a third party or use the information in any manner except as reasonably necessary to affect a Transaction.