Trittium Loans General Terms and Conditions

I. INTRODUCTION

1. These Trittium Loans General Terms and Conditions (“General Terms”) govern the relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Trittium group of companies (“Trittium” or “we”), while you and Trittium are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of cryptocurrency credit facilities granted by Trittium, and constitute a legally binding agreement (“Agreement”) between the Parties.

II. DEFINITIONS

1. Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Art. XV.1. and Art. XV.2. of these General Terms.

2. Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets), accepted by Trittium.

3. Intellectual Property means any intellectual and industrial property rights, belonging to Trittium, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.

4. Interest means the indicated interest rate accrued in accordance with these General Terms and subject to revision at any time.

5. Trittium Loans means any Digital Assets credit facility granted by Trittium and the total amount of the credit due by the Client to Trittium at any time until its full repayment, including the principal, the Interest and any fees due to Trittium under this Agreement.

6. Trittium Account means a personal or business account, opened with Trittium, through which you can use the Trittium Loans and other Trittium services.

7. Trittium Platform means any Trittium website, mobile application and any other official Trittium communication channel, including the content and services made available on or through the same, and any updates, upgrades and versions thereof.

III. CLIENT

1. You can enter into this Agreement and use the Trittium Loans only if all of the conditions below are met:

1.1. You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union and any EU Member State, the UK Treasury, etc.;

1.2. You are not a citizen or resident of Bulgaria and Estonia;

1.3. You are at least 18 years old or of legal age to enter into contractual relations with Trittium (whichever is later);

1.4. You have opened a Trittium Account with Trittium;

1.5. You have read, understood and agreed to our Privacy Policy and Cookies Policy.

2. By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Trittium services to you and close your Trittium Account, and do not allow you to use the Trittium services.

3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request for granting of a Trittium Loans access; (ii) change the conditions for entering into the Agreement or use of the Trittium Loans; (iii) suspend the provision of the Trittium Loans or of all or part of the other Trittium services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Trittium Loans.

IV. Trittium Loans AND COLLATERAL

1. Trittium will grant you the possibility to take a loan in Digital Assets, if you provide the required Digital Assets as collateral by transferring them into the wallet specified by Trittium but not controlled by it (“Collateral”). All such Digital Assets are indicated on the Trittium Platform and in the Trittium Account and are subject to revision from time to time.

2. The value of the Trittium Loans shall be calculated by the loan-to-value-ratio, as indicated on the Trittium Platform and subject to revision from time to time, (“LTV”), against the value of the Collateral at the time of granting. The value of the Collateral shall be dynamically calculated by Trittium Loans in accordance with its applicable policy at the moment, on the basis of margin percentages applied to the market value of the Collateral, according to an exchange ratio equivalent to the volume­weighted average price of the relevant Digital Assets, across leading cryptocurrency exchanges.

3. You shall at all times maintain the necessary Collateral in accordance with the LTV.

4. Unless prohibited by any Applicable Law, by virtue of this Agreement a Lender acquires the ownership of the Collateral while the Lender’s Loan is outstanding.

V. INTEREST

1. A compound annual Interest shall commence accruing as of the start date of the Loan (“Start Date”), at the rate determined at the time the Loan is granted and indicated in the Trittium Account and on the Trittium Platform. The Interest shall be subject to revision from time to time, at our sole and absolute discretion.

2. The Interest shall be fixed on the day a Client (You) accepts the Loan and the Lender approves it.

3. No periodic repayment of the Interest shall be due. Any Interest accrued shall be indicated in the Trittium Account.

VII. TERM

1. The Loan term shall be stated by a Lender individually on a span from 6 to 72 months at their own discretion (“Loan Term”).

VIII. REPAYMENT AND WITHDRAWAL

1. The Loan shall be repaid on the Loan Term unless it has been automatically terminated due to a Margin Call.

2. You may repay at any time prior to the Loan Term and any amount with no additional charge or penalty: (i) by transferring to the Lender Account the same Digital Assets as the Lender granted, or other Digital Assets acceptable to Trittium; (ii) with the Collateral; or (iii) by combination of (i) and (ii).

3. All repayments shall be allocated first to the Interest and then to the principal of the Trittium Loans.

4. Once the Loan has been repaid in full, all remaining Collateral shall be transferred back to the Client’s Account.

5. Trittium may provide you with discounts on the Trittium Loans or any part thereof, such as the principal or the Interest, at any time, under conditions it finds appropriate.

IX. OBLIGATIONS AND WARRANTIES

1. You hereby declare, warrant and confirm that:

1.1. You meet the conditions under Art. III.1.;

1.2. You are the exclusive owner of the Digital Assets used as Collateral;

1.3. You validly undertake any action or enter into any transaction with regard to the Agreement;

1.4. The Digital Assets, which you have provided or will provide as Collateral, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;

1.5. You have submitted to Trittium only complete, correct and up-to-date information and documents;

1.6. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Trittium shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of our service, for which Trittium shall not be held liable. You shall hold Trittium harmless from any expenses and losses, resulting from the above uncertainty;

1.7. You are aware that you use the Trittium Account and the Trittium Loans fully at your own risk.

2. You hereby undertake to:

2.1. Use the Trittium Loans and the Trittium services in good faith;

2.2. Not violate or breach any terms in these General Terms, the Privacy Policy, the Cookies Policy, or any Applicable Law in any relevant jurisdiction;

2.3. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;

2.4. Not provide false, inaccurate, incomplete, out-of-date or misleading information;

2.5. Not interfere, intercept, or expropriate our network, system, data, or information;

2.6. Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users accounts, website, network or systems relating to the Trittium services;

2.7. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property rights;

2.8. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products; or unduly burdening or hindering the operation and/or functionality of any aspect of the Trittium Loans;

2.9. Keep the data required for using the Trittium Account unavailable for third parties;

2.10. Inform Trittium about any change in the information and documents submitted to Trittium, in particular in your contact details, within 1 (one) day as of the change.

X. DEFAULT. INDEMNIFICATION

1. The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches one of the Client’s obligations or warranties under these General Terms, including but not limited to any obligation to pay any amount whatsoever (principal, Interest or other) to Trittium in respect of the Trittium Loans;

b) The Client breaches another obligation in connection with the Client’s relationship with Trittium, including any obligation resulting from the Collateral (the obligation to maintain Digital Assets with Trittium considered by Trittium to be acceptable and adequate pursuant to these General Terms);

c) The Client is unable to pay the Client’s debts, enters into an agreement or arrangement with the Client’s creditors related to the restructuring of the Client’s debts, or is the subject of any measures to have the Client declared bankrupt or to appoint a curator, administrator, trustee or liquidator;

d) It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;

e) Trittium is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

2. In case of an Event of Default, Trittium is entitled:

a) To terminate the Loan and/or this Agreement with immediate effect;

b) To declare immediately payable any principal amount due in respect of the Loan, as well as the Interest accrued and any other amount due in respect of the Loan;

c) To realize, at our sole and absolute discretion, all or part of the Collateral in accordance with the applicable contractual terms; and/or

d) In general, to take any action it deems necessary to protect its interests.

3. You shall defend, indemnify, and hold harmless Trittium, its affiliates, each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expense (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Trittium Loans or any of our services in violation to these General Terms or any Applicable Law.

XI. RISK DISCLOSURE

1. The regulatory status of the Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to the Digital Assets or blockchain technology, may be implemented, which would directly or indirectly affect or restrict the Trittium services.

2. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE Trittium Loans OR ANY OF OUR SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THE Trittium Loans OR ANY OF OUR SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.

3. We may be forced to suspend or discontinue or to change aspects of the Loan or any of our services in any jurisdictions if demanded by the regulators or Applicable Law, without notice and for whatever reason. In such case the Digital Assets in your Trittium Account may be frozen for an indefinite period of time until the matter is resolved.

4. Trittium shall not be liable for any delay, error, interruption or failure to perform any obligation under these General Terms, where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to: (i) acts of God, nature, court or government; (ii)failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv)delay, failure or interruption in, or unavailability of, third-party services; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots.

5. You understand and agree that you use the Trittium Account and the Trittium Loans at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of our services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

XII. LIMITATION OF LIABILITY

1. NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

2. Neither we nor any of our agents or nominees shall be liable for: (i) the management or performance of your Digital Assets (including any reduction in the value); and (i) any taxes or duties payable in respect of your Digital Assets.

3. Except as expressly provided in these General Terms, to the extent permitted by any Applicable Law, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the Trittium services under these General Terms.

4. Our liability in respect of representations and warranties that is not excluded under these General Terms, at our option, is limited to any one of re-supplying, replacing or repairing, or paying the cost of the re-supplying, replacement or repairing, or paying the cost of supplying again the services in respect of which the breach occurred.

5. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE Trittium Loans EXCEED THE FEES YOU PAID TO Trittium FOR YOUR USE OF THE SERVICES DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW.

XIII. TERMINATION

1. This Agreement shall be terminated immediately by closing of your Trittium Account and discontinuing use of the Trittium Loans. The Agreement can be terminated upon written notice by Trittium if Trittium discontinues the offering of the Trittium Loans, regardless of the reasons.

2. In the event that your suspended or closed Trittium Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.

3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.

XIV. NOTICES

1. Any notice required or made under these General Terms from Trittium to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Trittium Platform.

2. Any notice required or made under these General Terms by the Client to Trittium shall only be made through an e-mail in English, sent to [email protected]

XV. GOVERNING LAW AND JURISDICTION

1. The Agreement shall be governed exclusively by the substantive law of Trittium jurisdiction.

2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court or other dispute resolution authority, determined as per the procedural law of Trittium jurisdiction. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority cannot consolidate or join more than one claim and cannot otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Trittium.

XVI. MISCELLANEOUS

1. The Intellectual Property remains exclusive property of Trittium and cannot be reproduced, displayed, distributed and used in any other manner by the Client, except upon our explicit prior written consent.

2. This Agreement, together with the Trittium Services General Terms and Conditions and the Privacy Policy, represents the entire agreement between you and Trittium in relation to the use of the Trittium Loans. It supersedes all prior representations, understandings, agreements, or communications between you and Trittium, whether written or verbal, including any statements published in the whitepaper on the Trittium Platform.

3. Trittium shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Trittium Platform, while they shall not affect the current terms of your Trittium Loans and shall only apply for new Trittium Loans(s).

4. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.

5. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms, the remaining provisions of these General Terms shall remain in full force and effect.

6. The failure by Trittium to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.

7. Granting the Trittium Loans to you does not make Trittium your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Trittium Account other than those expressly specified hereunder.

8. Any of your rights and obligations arising out of the Agreement are not assignable or transferable, without the prior written consent of Trittium. Trittium shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time without notice or your consent.