Terms and conditions

Terms and condition of blockearns

Blockearns Company terms and conditions of use 1. GENERAL USE 1.1 Eligibility By using the Blockearns.com Site and entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy and the Trading Principles as incorporated herein, as amended from time to time. In order to use the Services, you may be required to provide certain identifying information pursuant to our Compliance Program.

1.2 Modification We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the Blockearns.com Site, or when you use the Services. If you have supplied us with an email address, we shall also attempt to notify you by email of changes to this User Agreement. If you disagree with any changes to this User Agreement, contact us. It is your responsibility to update your contact information, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to the User Agreement. Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.

2. COMPLIANCE WITH APPLICABLE LAW Your relationship with Blockearns.com and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (Applicable Law). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.

3. ACCESSING THE SERVICES Limited Licence

We grant you a limited, nonexclusive, non-transferable licence to access and use the Services and the Blockearns.com Site solely in accordance with the terms of this Agreement. Credentials

You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that Blockearns.com shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Services or any resulting harm you may suffer. Compliance

Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Services or funds being unavailable to you. Communications

Any and all communications from Blockearns.com may be provided to you via electronic mail at the address you provided when accessing the Services. Blockearns.com shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. Blockearns.com may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by Blockearns.com or a third party. Termination

We may close, terminate, enable or disable any or all of the Services, your User Account or your access to the Services at any time and for any reason. You may close your User Account at any time and for any reason. Depending on the Services available to you in your User Account, we may require you to take certain actions in order to complete a pending transaction or provide additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from Blockearns.com, or incurred by Blockearns.com on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you or your activity.

4. THE WALLET Description The Wallet is provided to you exclusively by Blockearns DSwiss IT services. The Wallet is only capable of supporting certain Virtual Currencies. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support. 5.1.2 When you create a Wallet, the Wallet software generates a secured private and public key pair that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. YOU MUST STORE, OUTSIDE OF THE SERVICES, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS AND NETWORK ADDRESSES. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf. Trading Wallet The Wallet will generally be made available on a non-custodial basis enabling you to self-custody your Virtual Currency. Any Virtual Currency you purchase using fiat currency in the Wallet will be held in the Trading Wallet. All Virtual Currency held in your Trading Wallet will be custodial assets held on trust by Blockearns.com for your benefit on a custodial basison trust for your benefit. Among other things, this means that: a. Title to the Virtual Currency shall at all times remain with you and shall not transfer to any company in the Blockearns.com Group. As the owner of Virtual Currency in your Trading Wallet, you shall bear all risk of loss of such Virtual Currency. Blockearns.com shall not have any liability for fluctuations in the fiat currency value of Virtual Currency held in your Trading Wallet. b. None of the Virtual Currencies in your Trading Wallet are the property of, or shall or may be loaned to, Blockearns.com; Blockearns.com does not represent or treat assets in a user’s Trading Wallet as belonging to Blockearns.com. Blockearns.com may not grant a security interest in the Virtual Currency held in your Trading Wallet. Except as required by a facially valid court order, or except as provided herein, Blockearns.com will not sell, transfer, loan, hypothecate, pledge or otherwise alienate Virtual Currency in your Trading Wallet unless instructed by you or compelled by a court of competent jurisdiction to do so. c. You control the Virtual Currency held in your Trading Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Virtual Currency by sending it to a different Blockearns address controlled by you or a third party. In the event you wish to transfer Virtual Currency into the Wallet, you may be prompted to set up a backup phrase in order to do so. d. In order to more securely custody assets, Blockearns.com may use shared Blockearns addresses, controlled by a member of the Blockearns.com Group, to hold Virtual Currencies held on behalf of customers and/or held on behalf of Blockearns.com. Your Virtual Currency is segregated from the Blockearns.com Group’s own Virtual Currency by way of separate ledger accounting entries for customer and Blockearns.com Group accounts. Notwithstanding the foregoing,A although we maintain separate ledger accounting entries for customer and Blockearns.com accounts, no member of the Blockearns.com Group shall have any obligation to segregate by Blockearns address Virtual Currencies owned by you from Virtual Currencies owned by other customers or by any member of the Blockearns.com Group. e. We may store any Virtual Currency you deposit for use on Blockearns.com Exchange in a “hot wallet”, “cold wallet” or other storage method in our sole discretion. The Trading Wallet will be exclusively provided by Blockearns Access UK. Minimum Holding Periods When you place purchase orders in the Trading Wallet, we may impose minimum holding periods in respect of any Virtual Currency that you have purchased which may last up to a maximum of 7 days. These minimum holding periods are necessary to enable us to carry out effective fraud prevention measures and to ensure that the fiat currency leg of any given transaction has settled. After this minimum holding period elapses, you may trade your Virtual Currency in the ordinary way. No Cancellation You may not cancel, reverse or change any transaction in the Trading Wallet. We may suspend, delay, redirect, reverse or cancel any transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this User Agreement, or illicit activity. You will bear the costs of any network fees charged in respect of such suspension, delay, redirection, reversal or cancellation. Transaction Limitation We may implement transaction limits in the Trading Wallet. These may vary based on a variety of factors, including, without limitation, the time of your transaction, your location, the Virtual Currency purchased, and the Virtual Currency sold. We implement, raise and lower transaction limits in the Trading Wallet in our sole discretion. Reversals of payment instructions and/or negative balances If you reverse a payment instruction initiated with your bank, payment services provider or equivalent or part of a transaction fails for any reason which results in your Trading Wallet having a negative balance, we may liquidate any assets held in any account you hold with us (including the User Accounts) to offset and reduce the negative balance. You remain fully responsible for settling the balance and we may engage debt collectors to pursue any outstanding debt on our behalf. In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by Blockearns.com. Blockearns.com has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Virtual Currency network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any warranties whatsoever with regard to title. Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. Blockearns.com has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests. No Password Retrieval With respect to the Wallet, Blockearns.com does not receive or store your Wallet password, nor any keys, network addresses or transaction history. We cannot assist you with Wallet password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet password. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not know or keep secret your Wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of Virtual Currency in your Wallet When you create a Wallet, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law. Fees Blockearns.com does not currently charge a fee for the Wallet receiving, sending or controlling Virtual Currency. However, we reserve the right to do so in the future, and in such case shall display to you any applicable fees prior to you incurring the fee. Network fees (including, without limitation “miner’s fees”) required to use a Virtual Currency network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for selecting and paying any such fee and Blockearns.com shall neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.

5. SWAP Description We may provide Swap to you using the Wallet interface. Swap is provided to you exclusively by Blockearns Access England. Through Swap, Blockearns.com shall display to you a conversion rate that may include a fee, which you agree to pay. Swap works in connection with the Wallet, by which we shall deliver to you the requested Virtual Currency, less any applicable fees, by executing a transaction from a Virtual Currency address we control to one associated with your Wallet. Due Diligence We may, at our sole discretion and from time-to-time, require you to satisfy our Compliance Program before participating in Swap or receiving funds. In order to use Swap, you agree to cooperate with any such request and pay any associated fees, which may be modified or supplemented at any time.

6. GENERAL RISK FACTORS Your use of the Services requires you to bear risks for which we cannot be held responsible. We list some, but not all of these risks below: a. Hardware, software or connections required to interact with a Virtual Currency network might fail, succumb to malware, unauthorised access or malicious attacks. Third parties may obtain unauthorised access to the Services, including, but not limited to your public and private keys. Blockearns.com shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. b. Forks, unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. Blockearns.com has no control over any Forex network and shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions. c. The risk of loss of value in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable. d. Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies. e. When placing a “market order” in a Virtual Currency, your order will be executed immediately at the current market price. Market orders do not carry a limit price and will trade with anything on the order book. During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed at may be different from the best price indicated at the time of your order, and in some cases significantly so. f. Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, Blockearns.com Exchange may not have sufficient demand to meet your request to execute such a transaction. Placing contingent orders, such as a “stop” or “limit” order does not guarantee your potential loss will be limited to an intended amount, as market conditions may make it difficult to execute such orders. You may suffer losses due to orders executing at lower or higher values than anticipated or requested. g. Virtual Currency transactions may not be reversible. Once you send Virtual Currency to an address, you may lose access to your Virtual Currency temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Virtual Currency. Virtual Currency mistakenly sent to an address we control may not be recoverable. By using the Services, you agree that the data sources that maintain your accounts and any third parties that interact with your Credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law. Data sources make no warranties of any kind related to the data provided by our services--whether express, implied, statutory, or otherwise. No data provided by us is an official record of any of your accounts.

7. GENERAL PROVISIONS Intellectual Property Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Blockearns.com Site or the Services, are the property of Blockearns.com or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied licence for the use of the contents of the Blockearns.com Site or the Services. You accept and acknowledge that the material and content contained in or delivered by the Blockearns.com Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Blockearns.com Site or the Services as set forth in this Agreement. You further acknowledge that any other use of content from the Blockearns.com Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the Blockearns.com Site or the Services on any copy you make of the material but failing to do so shall not prejudice Blockearns.com’s intellectual property rights therein. You may not sell or modify materials derived or created from the Blockearns.com Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any