2. INTERPRETATION

2.1. Unless a contrary indication appears, a reference in the Terms of Use to:

2.1.1. one gender includes a reference to the other genders; and

2.1.2. words in the singular include the plural, and in the plural, include the singular.

2.2. A reference to a ‘regulation’ includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental, or supranational body, agency, department or of any regulatory, self-regulatory, or other authority or organisation.

2.3. A reference to a particular law is a reference to it, as it is in force for the time being, taking account of any amendment, extension or re-enactment, and includes any subordinate legislation for the time being in force, made under it.

2.4. A reference to a time of day is a reference to Eastern European Time (GMT+2) time.

2.5. A reference to FU Capital, a User, the Assignee, the Assignor, the Lender, the Borrower, or any other person includes their respective successors in title, permitted assigns and permitted transferees.

2.6. A ‘person’ includes any individual and legal entity, whether it is a firm, company, corporation, trust, joint venture, consortium, partnership or other entity (whether or not having separate legal personality), and a government, state or agency of a state or any association.

2.7. Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’, or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase, or term preceding those terms.

2.8. A reference to the term ‘in writing’ means communication between FU Capital and a User in paper form or by using any durable medium, which enables the User to store information addressed personally to the User in a way accessible for future reference.

2.9. If the representation of the numbers in words in the text of the Terms of Use differs from the representation in numbers, the representation of the numbers in words shall prevail.

2.10. References to sections or paragraphs are to the sections or paragraphs of the Terms of Use.

2.11. The headings in the Terms of Use are inserted for convenience only and will not affect the interpretation of the Terms of Use.

3. SCOPE

3.1. The Terms of Use are a legally binding agreement between You and Us regarding Your access to and use of the Platform and any use by You of the Services. By registering for a User Profile and accessing the Platform or the Services, You agree to the Terms of Use.

3.2. The Terms of Use, together with the Cookie Policy and the Privacy Policy and any other terms and conditions mentioned in it, constitute and create a legally binding agreement between You and Us as a legal basis for opening, using, and maintaining Your User Profile and using, rendering, and receiving Our Services.

3.3. The Terms of Use are effective and form a legally binding agreement once You have agreed to them by ticking the ‘I have read, understand, and agree to the Terms of Use and Privacy Policy’ check box on the Platform, as required on the Platform. You confirm that You accept and agree that any use of the Services by You constitutes Your acceptance of the Terms of Use. You confirm that You are acting on Your own behalf and not for any other person. Your consent and agreement to the Terms of Use is a condition precedent for opening, using, and maintaining Your User Profile. If You do not agree to these Terms of Use, please stop using the Platform and Our Services immediately. In case of any questions regarding the provisions of the Terms of Use, please contact Our Customer Support Service.

4. REGISTRATION

4.1. To begin using Our Services, You must open a User Profile in line with the instructions We give You during the registration process on the Platform. As part of Your application, You must:

4.1.1. agree to the Terms of Use and the following policies incorporated into and forming part of the Terms of Use: the Cookie Policy and the Privacy Policy;

4.1.2. fill out the Registration Application as described on the Platform; and

4.1.3. have the legal capacity and unrestricted rights to agree to the Terms of Use.

4.2. After the receipt of Your request to open a User Profile:

4.2.1. We will create Your User Profile, and assign to You a User ID; and

4.2.2. We will verify the Email Account and telephone number You provided to Us by sending a notice with the verification link to the Email Account and verification code to Your phone number. You hereby agree to receive the verification messages and undertake to fulfil the instructions included therein.

5. ELIGIBILITY

5.1. To use Our Services:

5.1.1. You must open a User Profile in line with the instructions We give You during the registration process on the Platform;

5.1.2. You must give all the information that We ask for during the registration process on the Platform;

5.1.3. If You are an individual, You must be at least 18 years old and of the age of majority in Your country of residence and should not be declared to have a limited legal capacity due to a mental disorder. By opening a User Profile, You declare that You comply with these rules. We may require You at any time to give evidence of Your age;

5.1.4. You must have taken all necessary actions and have all requisite power and authority to enter into and perform the Terms of Use;

5.1.5. if You act as an authorized representative, employee, or agent of a legal entity, and enter into the Terms of Use on its behalf, You must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into the Terms of Use;

5.1.6. You must maintain an effective address in Your country of residence and telephone number and Email Account that belongs to You and all of which You are permitted to use for receiving the Services;

5.1.7. You must not have violated the Terms of Use, have had access limited or suspended to a User Profile, or have had a User Profile closed by Us in the past;

5.1.8. You must not currently have an existing User Profile;

5.1.9. You must not be under the influence of alcoholic, narcotic, psychotropic, or other intoxicating substances when registering on the Platform and while using the Platform and Our Services;

5.1.10. You must not use Digital Assets and funds that directly or indirectly have been received as the result of a criminal offence, circumvention or breach of the Sanctions, or are related to the financing of terrorism or an attempt of such activities;

5.1.11. You must have a Digital Asset Wallet and have full authority to use any Digital Assets in the respective Digital Asset Wallet;

5.1.12. You must be the beneficiary of the activities and transactions conducted on the Platform by You, and You must enter into transactions only on behalf of Yourself and for the benefit of Yourself;

5.1.13. You must not use the Platform and/or Our Services for committing any illegal or malicious actions, performing unlawful and inappropriate activities, and/or carrying out illegal transactions, including fraud, money laundering, terrorist financing, breach or circumvention of the Sanctions; and

5.1.14. You must not be located, incorporated, otherwise established in, or resident of, or have business operations in a Prohibited Country or in any other jurisdiction where it would be illegal under the law or regulation applicable to You to access the Platform or use and receive the Services, or cause Us or any third person to contravene any law and regulation applicable to You or Us.

5.2. All information that You provide during the registration process for Our Services on the Platform or at any later time must be true, accurate, complete, and up-to-date. We are not liable for loss arising out of Your failure to do so. You undertake not to provide false, inaccurate, incomplete, out-dated, or misleading information. You undertake promptly, but no later than within 2 (two) Business Days, to notify Us in writing and update Your User Profile details if (i) Your Email Account address, telephone number, name, surname, address of residence, citizenship, tax residence, tax identification number, source of funds, a Digital Asset Wallet, or any other information provided in the Registration Application or submitted to Us in free form or as a document, and any other User Wallet information (for a User who is an individual) or (ii) Your Email Account address, telephone number, legal entity’s name, registration number, registration address, tax residence, tax identification number, representatives, beneficial owners, information on any other related person submitted to Us, license information, source of funds, a Digital Asset Wallet, or any other information provided in the Registration Application or submitted to Us in free form or as a document (for example, legal documentation of a legal entity), and any other, and any other User Wallet information (for a User who is a legal entity) changes. Not keeping all of Your details true, accurate, complete, and up-to-date could affect Your eligibility for Your User Profile or Our ability to provide the Services to You. We may at any time ask You to confirm the accuracy of the information that You provide to Us or to let Us have documents or other evidence verifying information. You represent and warrant to Us that You comply with all conditions set forth in this Section 5 (ELIGIBILITY).

5.3. You may only open a User Profile if it is legal to do so in Your country of residence. By opening a User Profile, You represent and warrant to Us that You are not a Restricted Person, You are not located, incorporated, otherwise established in, or resident of, or have business operations in a Prohibited Country, You do not intend to use Our Services for the purpose of money laundering, terrorist financing, circumvention or breach of the Sanctions, or commit any other crime defined in Your country of residence or Our registration country, and Your opening and using a User Profile does not violate any law and regulation applicable to You in Your country of residence. You will indemnify Us against losses We incur in connection with a breach of this requirement.

6. USER IDENTIFICATION AND DUE DILIGENCE

6.1. We will carry out due diligence on You, which may include, but is not limited to, submitting the information and documents regarding identity verification and due diligence checks of You to Us by using a special interface on the Platform or otherwise as may be requested by Us in writing. Additionally, We will gather information on the source of funds You send to Us and will require You to submit any other information or documentation during the performance of Our identity verification and due diligence checks to verify You are not directly or indirectly involved in any money laundering, terrorist financing, circumvention or breach of the Sanctions, or any other crime committing schemes. We will or might require You to submit, including, but not limited to:

6.1.1. the following information and documentation for individuals:

6.1.1.1. Your Email Account address and telephone number;

6.1.1.2. Your name and surname;

6.1.1.3. Your address of residence;

6.1.1.4. Your citizenship and/or country of birth;

6.1.1.5. Your tax residence and tax identification number;

6.1.1.6. Your Digital Asset Wallet information;

6.1.1.7. Your Digital Asset Wallet or any other account statement that proves the source of funds;

6.1.1.8. the Registration Application filled in by You;

6.1.1.9. Your source of funds and wealth;

6.1.1.10. Your valid copy of passport or equivalent personal identification document issued in the EU, EEA member state, or in Switzerland/or a document valid for travel issued in the EU, EEA member state, or in Switzerland with a clearly visible first name, last name, personal identity number (or an equivalent identification number issued by Your country of origin), document’s number, issuing state and authority, date of issue, and photo of You;

6.1.1.11. other documentation and information We request based on needs for Our identity verification and due diligence checks; and

6.1.2. the following information and documentation for legal entities:

6.1.2.1. Your legal entity’s Email Account address and telephone number;

6.1.2.2. Your legal entity’s full name;

6.1.2.3. Your legal entity’s registration address and registration number;

6.1.2.4. Your legal entity’s tax residence and tax identification number;

6.1.2.5. Your legal entity’s Digital Asset Wallet information;

6.1.2.6. Your legal entity’s filled-in the Registration Application

6.1.2.7. a valid copy of Your legal entity’s legal documentation (articles of incorporation, incumbency, statutes, and other documents, in particular, a standard package based on Your country of registration);
6.1.2.8. Your legal entity’s full ownership structure;

6.1.2.9. valid copies of the legal documentation on all legal entities in the ownership structure up until the ultimate beneficial owner(s) (individuals);

6.1.2.10. additional documentation and information on the ultimate beneficial owner(s);

6.1.2.11. a Power of Attorney or other similar documentation that authorises a particular person who is performing registration and/or has access to Your User Profile;

6.1.2.12. a valid copy of passport or equivalent personal identification document issued in the EU, EEA member state, or in Switzerland/or document valid for travel issued in the EU, EEA member state, or in Switzerland with a clearly visible first name, last name, personal identity number (or an equivalent identification number issued by Your country of origin), document’s number, issuing state and authority, date of issue, and photo of authorised representative, board member/c-level executive, ultimate beneficial owners and any other related to customer persons that we see as necessary;

6.1.2.13. if applicable, any licenses and internal documentation, including, but not limited to, internal policy and procedures;

6.1.2.14. Your legal entity’s source of funds;

6.1.2.15. other documentation and information We request based on needs for Our identity verification and due diligence checks.

6.2. If a person acts as an authorized representative, employee, or agent of a legal entity, We may carry out similar investigations on the person as for the User who is an individual.

6.3. You (as a User who is an individual or as a User who is a legal entity – its authorised representative, ultimate beneficial owners, and other persons based on needs of Our identity verification and due diligence checks ) will also be required to submit a photo and video of Your face, and Your identification documents to the Verification Website. The identification of You is carried out by the Verification Website. We are entitled to determine at Our sole discretion the acceptability of the information.

6.4. You will only be able to use Our Services after You let Us have all the information and documents necessary for rendering Our Services and You pass Our identity verification and due diligence checks. These may entail a request for further information and documents under anti-money laundering laws and other mandatorily applicable laws and regulations and Our internal procedures. If You do not comply with the information or documentation requests, We will not active Your User Profile (for new Users) or will terminate the Terms of Use without following Section 31 (DURATION AND TERMINATION).

6.5. Your User Profile will be activated only when Our identity verification and security process for You has been successfully completed by Us. We will inform You about the completion of the identity verification and due diligence checks by sending a notice to Your Email Account.

6.6. If the User Profile is not activated within a deadline specified by Us in Our sole discretion, We may immediately terminate the Terms of Use without following Section 31 (DURATION AND TERMINATION). We are not obliged to activate the User Profile, and We may unilaterally refuse to open the User Profile on the Platform without any explanation.

7. USER PROFILE SECURITY

7.1. Your User Profile is private to You. Only You are authorised to enter into and use Your User Profile.

7.2. When You open a User Profile, You shall choose and fill in the Email Account to be used for accessing the Platform, and a unique and strong password. We advise You not to choose a password that someone might know or easily gather about You, and that consists of a combination of at least 6 (six) symbols (letters and at least one number). To gain initial and subsequent access to a User Profile, You must enter Your Email Account address, password, and authentication data provided by the Two Factor Authentication (Login Details), as required, in the ‘Sing in’ page and press the ‘Sing in’ button on the Platform.

7.3. Activities with Your User Profile and at Your User Profile will be regarded as valid after Your User Profile was successfully accessed by correctly entering Your Login Details. We may assume that someone who correctly enters Your Login Details has unrestricted rights to access and use Your User Profile, including, but not limited to, authorizing activities within it, including submitting a request to purchase and/or sell a Claim, withdrawing Digital Assets from Your User Profile balance, and making changes to Your User Profile. We are entitled to treat any activity by that person as valid and authorised by You.

7.4. You are solely responsible for keeping Your Login Details, credentials, information, and/or documents specific to Your User Profile confidential and in a safe and secure place at all times, and You must never disclose them to a third person. It is advisable to change the password to Your User Profile regularly, at least every 3 (three) to 6 (six) months, to reduce the risk of a security breach in relation to Your User Profile. You must never allow anyone to access Your User Profile or oversee or hear You accessing or using Your User Profile. You agree to take reasonable steps to keep Your Login Details safe and secure and to prevent fraudulent or unauthorised use of Your User Profile. We will also consider any activity and change to Your User Profile as authorised by You if only a part of the information mentioned in the Terms of Use is provided to Us. We are not responsible for losses arising out of Your failure to keep Your User Profile safe and secure or from unauthorised use of Your User Profile.

7.5. If You have any indication or suspicion that Your Login Details or other security credentials on Your User Profile are lost, stolen, misappropriated, used (or attempted to be used) without authorisation or otherwise compromised without Your authority, You are advised to change Your password immediately. You must contact Our Customer Support Service immediately on suspecting or becoming aware of the loss, theft, misappropriation, unauthorised use or attempted use of Your User Profile, Login Details or other security credentials of Your User Profile without Your authority. You should do so by contacting the Customer Support Service from Your Email Account, telephone, or posting a message on Your User Profile on the Platform. Any undue delay in notifying Us may result in an increase of Your losses. Once We receive a notification from You, We will suspend the functionality of Your User Profile and prevent anyone from using it. We will send You a confirmation notice to the effect that functionality of Your User Profile is suspended and provide You with instructions to be followed to restore the functionality of Your User Profile. You must take all reasonable care to ensure that Your Email Account and mobile device are secure and only accessed by You, as Your Email Account and mobile device may be used to reset the password of Your User Profile, and We may use them to communicate with You about the security of Your User Profile. If someone tries to access or compromise Your Email Account notified to Us without Your authority, You should, without undue delay after becoming aware of this, contact Our Customer Support Service and let Us know Your new Email Account to be used by Us. Any undue delay in notifying Us may result in Your losses.

7.6. In order not to compromise the security of Your User Profile, You must always ensure that Your Login Details are not stored by the browser or cached or otherwise recorded. You should, at Your own expense, provide and maintain in efficient and safe operating order all hardware, software and other facilities and any communications network (including access to a public telecommunications system) used for accessing and using Your User Profile and Our Services. In any case, You should tell Us as soon as You can if You notice that something is wrong with Our Services or the Platform, or if anything looks different. You must let Us have any information We ask for about what happened.

8. TRANSFERS TO US

8.1. You may transfer the Digital Assets to the FU Capital Wallet to secure the performance of the purchase of the Claims only after Your User Profile is activated by Us.

8.2. You may not make transfers to the FU Capital Wallet in any Fiat Currency. You may only transfer the Digital Assets to the FU Capital Wallet.

8.3. To add the Digital Assets to Your User Profile balance, You must make a transfer by following the procedure specified on the Platform page ‘Add and Withdraw’. You will be required to connect and select Your Wallet’s address and specify the amount of the Digital Assets that You would like to transfer to the FU Capital Wallet to be added to Your User Profile balance. You are solely responsible for verifying the amount of the Digital Assets to be transferred to the FU Capital Wallet and Your instructions given with respect to such transfer.

8.4. You undertake to make transfers to FU Capital Wallet only from a Digital Asset Wallet that is opened for You or if You act as an authorized representative, employee, or agent of a legal entity, for the legal entity and You are legally authorized to do so.

8.5. When transferring the Digital Assets to FU Capital Wallet to be added to the User Profile balance, You undertake to comply with the following:

8.5.1. the transfer of the Digital Assets must be made in the Digital Assets;

8.5.2. to transfer the Digital Assets of legal origin, and the origin of which You can prove at any time; and

8.5.3. You will provide, at Our request, the information and documents that are or may be related to the transfer of the Digital Assets and are required to pass all identity verification and due diligence checks.

8.6. When transferring the Digital Assets to be added to the User Profile balance, We will perform the source of the Digital Assets check using a specialized monitoring system, and, if any unusual or suspicious patterns, activity or issues will be determined, We will not make the Digital Assets available for You until the matter is resolved and We will, if suspiciousness is cleared, make Digital Assets available to You, or, if suspiciousness is not cleared or Digital Assets are determined to be of criminal or restricted origin, We may (i) send them back to Your Digital Asset Wallet; or (ii) freeze the Digital Assets, report to the appropriate governmental institutions, and execute their decision to confiscate Your Digital Assets or let them go. If authorities decide that the Digital Assets do not need to be confiscated, We reserve the right to return Your Digital Assets to Your Digital Asset Wallet and/or unilaterally terminate the Terms of Use.

8.7. If You add the Digital Assets to Your User Profile balance from a Digital Asset Wallet which You have not previously used and which is different from Your User Wallet used to add the Digital Assets by You to Your User Profile balance, before the Digital Assets are added to Your User Profile balance, You should at Our request, provide all the information and documents that are required to passing all identity verification and due diligence checks as may be requested by Us. You undertake to provide Us with all the information and documents requested by Us for it to ensure that the Digital Asset Wallet is opened in the name of You.

8.8. If We receive a transfer of Digital Assets that cannot be identified We will deem such transfer of the Digital Assets as received, however, until We will identify the recipient the Digital Assets will not be added to the User Profile balance.

8.9. We will add Digital Assets to Your User Profile balance without delay once We receive Digital Assets from You in accordance with the Terms of Use.

9. ADDING DIGITAL ASSETS TO A USER PROFILE BALANCE

9.1. We will add the Digital Assets to Your User Profile balance in the following situations:

9.1.1. upon receipt of the Digital Assets in the FU Capital Wallet transferred by You from Your User Wallet, provided that the transfer has been made in accordance with the Terms of Use; and

9.1.2. upon receipt of the Repayment from the Lender or a third person (if applicable) in accordance with an Assignment Agreement.

9.2. We are not responsible for adding Digital Assets to Your User Profile balance until:

9.2.1. We receive the Digital Assets from You in accordance with the Terms of Use;

9.2.2. We receive the Repayment from the Lender or a third person (if applicable) in accordance with an Assignment Agreement.

9.3. The Digital Assets transferred by You to Us and/or added to Your User Profile balance will be kept in the FU Capital Wallet, will be segregated and stored separately from Our Digital Assets, and will only be transferred in accordance with the Terms of Use and the Assignment Agreements.

9.4. You acknowledge and agree to the following:

9.4.1. the Digital Assets transferred by You to Us and/or added to Your User Profile balance are considered to be an advance payment made for the purposes of purchasing the Claims on the Platform in accordance with the Terms of Use and the Assignment Agreements;

9.4.2. all transfers of Digital Assets by You to be added to Your User Profile balance are final and not reversible;


9.4.3. the services to the FU Capital Wallet are provided by third persons and are not a part of Our Services;

9.4.4. the FU Capital Wallet is not insured by any government agency. This means that, in the unlikely event that We are unable to satisfy Your claim against Us in relation to the Digital Assets transferred by You to Us and/or added to Your User Profile balance and held in the FU Capital Wallet, there is no finance, insurance and/or similar scheme to compensate You;

9.4.5. the Digital Assets transferred by You to Us, added to Your User Profile balance, and/or held in FU
Capital Wallet are not a deposit or any other type of taking of repayable Digital Assets;

9.4.6. no interest accrues or should be paid to You by Us or a third person for the Digital Assets transferred by You to Us and/or added to Your User Profile balance and/or held in the FU Capital Wallet; and

9.4.7. the Digital Assets transferred by You to Us to be added to Your User Profile are of legal origin, and the origin of which You can prove at any time.

9.5. By agreeing to the Terms of Use, You authorize Us to:

9.5.1. use the Digital Assets transferred by You to Us and/or added to Your User Profile balance only for the performance of the Terms of Use and the Assignment Agreements;

9.5.2. obtain and receive the Digital Assets on Your behalf from other Users, the Lenders, and third persons in accordance with the Terms of Use and the Assignment Agreement(s);

9.5.3. use the Digital Assets transferred by You to Us and/or added to Your User Profile balance within the limits of the available balance of Your User Profile for executing the purchases of the Claims on the Platform in accordance with and for other purposes specified in the Terms of Use and the Assignment Agreement(s); and

9.5.4. to ensure the fulfilment of Your obligations arising from the Terms of Use and/or the Assignment Agreement(s), to make deductions from Your User Profile balance without prior coordination or approval from You.

9.6. Transfer of the Digital Assets gained through illegal means to the FU Capital Wallet is illegal and prohibited. In case of suspicious transactions, We will notify the relevant authorities which may lead to freezing and confiscation of the Digital Assets and closing Your User Profile.

9.7. We may use the Digital Assets transferred to the FU Capital Wallet only in accordance with the Terms of Use and the Assignment Agreement.

9.8. If a legal entity with which We have opened the FU Capital Wallet ceases to or has notified Us that it will cease to offer to Us its services, We may, without notifying You, transfer all or part of the Digital Assets in the FU Capital Wallet to another Digital Asset Wallet.

10. WITHDRAWING DIGITAL ASSETS FROM A USER PROFILE

10.1. To withdraw all or part of the Digital Assets from Your User Profile balance, You must submit a request to Us by following the procedure specified on the Platform page ‘Add and Withdraw’. You will be required to specify the amount of the Digital Assets that You would like to be withdrawn from Your User Profile balance to Your User Wallet. You are solely responsible for verifying the amount of the Digital Assets to be withdrawn to Your User Wallet and Your instructions given with respect to such transfer. You may withdraw the Digital Assets from Your User Profile only if Your User Profile balance is positive at the moment of submitting the withdrawal request to Us.

10.2. We will begin processing Your withdrawal request immediately, and We will take reasonable steps to ensure that You receive the Digital Assets to Your User Wallet, which You used to add Digital Assets to Your User Profile balance, within 5 (five) Business Days of receipt by Us of Your withdrawal request. However, We are not liable for delays in withdrawing the Digital Assets from Your User Profile balance caused by a third person, such as the service provider of the FU Capital Wallet or Your User Wallet, due to Your fault, Force Majeure Event, or any other reasons out of Our control. Additionally, delays may be cased if Our monitoring system has triggered an investigation on Your activity or Your User Wallet.

10.3. When withdrawing Digital Assets from Your User Profile balance, You undertake to comply with the following:

10.3.1. the minimum amount of the Digital Assets to be withdrawn is 10.00 USDT or USDC;

10.3.2. the transfer of the Digital Assets to Your User Wallet will be made in USDT or USDC; and

10.3.3. You will provide, at Our request, the information and documents related to the transfer of the Digital Assets and are required to pass all identity verification and due diligence checks as may be requested by Us.

10.4. If You wish to receive the withdrawal of the Digital Assets from Your User Profile balance to a Wallet which You have not previously added to Your User Profile as Your User Wallet and which is different from Your User Wallet used to add the Digital Assets by You to Your User Profile balance, before the Digital Assets are withdrawn from Your User Profile balance, You should at Our request provide all the information and documents that are required to passing all identity verification and due diligence checks as may be requested by Us. You undertake to provide Us with all the information and documents requested by Us for it to ensure that the Digital Asset Wallet is opened in the name of You.

10.5. We will withdraw the Digital Assets from Your User Profile balance in the following situations:

10.5.1. after We have processed Your withdrawal request and have transferred the Digital Assets to You to Your User Wallet in accordance with the Terms of Use;

10.5.2. upon receipt of Your request to purchase a Claim in accordance with an Assignment Agreement;

10.5.3. if We close Your User Profile in accordance with the Terms of Use;

10.5.4. if the Digital Assets have been added to Your User Wallet balance by mistake, malfunction, technical or other problems in the Platform.

11. USER PROFILE AND SERVICES

11.1. Subject to the Terms of Use, You may through the Platform:

11.1.1. review the Claims offered for purchase in accordance with the Assignment Agreements;

11.1.2. submit requests to purchase the Claims in accordance with the Assignment Agreements; and

11.1.3. submit offers to sell the Claims in accordance with the Assignment Agreements.

11.2. The terms and conditions for each Claim, including, but not limited to, information about the Lender, the Claim Price, the Interest, the Loan Agreement Sample, and certain other contractual terms of each Claim, can be reviewed on the Platform and are specified in the relevant Assignment Agreement.

11.3. You may purchase or sell a Claim on the Platform by individually selecting a Claim to be purchased or sold by You by submitting a request to purchase or offer to sell a Claim on the Platform. We will process and execute any request on Your User Profile which is authorised, initiated, and consented to by You in accordance with the procedure set forth on the Platform and in the Terms of Use.

11.4. Your request to execute a purchase or sale of a Claim or any other activity on the Platform:

11.4.1. should be submitted through the Platform using only the interface of the Platform in accordance with the Terms of Use and following the procedures on the Platform;

11.4.2. not submitted on the Platform or not being in compliance with procedures on the Platform will be rejected by Us;

11.4.3. will be relied on by Us without any additional confirmation from You and be binding on You irrespective of who has submitted it, if the identification and authorisation process in the Terms of Use have been complied with; and

11.4.4. after placed by You in accordance with the Terms of Use will be deemed an irrevocable instruction from You for Us to execute the purchase or sale of a Claim, execution of the Assignment Agreement, and/or any other activity on the Platform on behalf of You or to provide You other service in accordance with the Terms of Use.

11.5. We may, at Our sole discretion, without prior notice to You:

11.5.1. suspend or stop publishing and/or making available for purchase and/or sale any Claim on the Platform;

11.5.2. suspend the purchase and/or sale of any Claim if, in Our opinion: (i) any event of default under any agreement between Us, any Lender, and/or a third person who is directly or indirectly involved in the publishing of an offer to sell a Claim, is likely to occur or has occurred; and/or (ii) any material circumstance has occurred which may cause substantial loss to Us and/or You; (iii) any event of Force Majeure Event.

11.6. When acting in accordance with Section 11.5, We are not liable to You or any third person for any loss or expense, and You wave any claims against Us in this regard.

12. REQUEST TO PURCHASE A CLAIM

12.1. On the Platform, You are able to purchase Claims from the Assignors.

12.2. To purchase a Claim, You should submit a request to purchase a Claim through the Platform page ‘Portfolio’ and page ‘Market’ by following the procedure of the Platform and as specified below:

12.2.1. You should have a positive balance on Your User Profile;

12.2.2. You should individually, at Your own discretion, select a Claim to be purchased; and

12.2.3. You should individually, at Your own discretion, specify the amount of the Digital Assets to be paid as the Claim Price for the purchase of the Claim.

12.3. You acknowledge and agree that the principal amount of the outstanding Loan constituting a Claim will correspond to the Claim Price paid by You, as referred to in Section 12.2.3, and will be calculated automatically by the Platform.

12.4. After You have selected a Claim in accordance with Section 12.2, We will provide to You for review and approval a summarized information of the selected Claim and the Assignment Agreement.

12.5. You should confirm the purchase of the Claim and conclusion of the Assignment Agreement by pressing the ‘Buy’ button on the Platform page ‘Primary market’ or on page ‘Market’. You acknowledge and agree that by pressing the ‘Buy’ button:

12.5.1. You confirm that You have read and understand the terms of the Assignment Agreement and the terms and conditions of the Loan Agreement behind the Claim and incorporated in the Assignment Agreement by reference;

12.5.2. You confirm the purchase of the Claim and the conclusion of the Assignment Agreement;

12.5.3. the Assignment Agreement shall be deemed entered into and become binding to You; and

12.5.4. You authorize Us to withdraw from Your User Profile balance the amount of the Digital Assets specified by You to be paid as the Claim Price for the purchase of the Claim, as referred to in Section 12.2.3, and transfer them to the Assignor in accordance with the Assignment Agreement.

12.6. Each request to purchase a Claim is registered and executed in chronological sequence by the Platform, and We reserve the right to unilaterally amend and supplement the order of execution of the requests without prior notification to You.

12.7. On each request to purchase a Claim executed on the Platform:

12.7.1. We will provide You with the confirmation of the conclusion of the Assignment Agreement;

12.7.2. the Claim will be assigned and transferred to You by the Assignor in accordance with the Assignment Agreement; and

12.7.3. We will provide You with information about the Claim assigned and transferred to You by an Assignor and the Assignment Agreements concluded on the Platform.

12.8. After the conclusion of the Assignment Agreement, You are not entitled to cancel, reverse, or amend any request to purchase and purchase of the Claim executed by You via the Platform, including through Auto Purchase. You acknowledge and agree that the refusal rights available within the refusal period under consumer protection regulations do not apply to any concluded Assignment Agreement resulting from the executed purchase of the Claim via the Platform.

13. PAYMENT OF THE CLAIM PRICE

13.1. Upon receipt of Your confirmation of the purchase of the Claim and conclusion of the Assignment Agreement, as referred to in Section 12.5:

13.1.1. You undertake to pay the Assignor the Claim Price, as referred to in Section 12.2.3; and

13.1.2. in accordance with the authorisation given by You to Us, as referred in Section 12.5.4, We will withdraw from Your User Profile balance the amount of Digital Assets specified by You to be paid as the Claim Price for the purchase of the Claim, as referred to in Section 12.2.3, and transfer them to the Assignor.

13.2. You acknowledge and agree that the payment of the Claim Price is;

13.2.1. precondition of the assignment and transfer of the Claim to You by the Assignor; and

13.2.2. deemed to be made on the day when We have withdrawn the amount of Digital Assets specified by You to be paid as the Claim Price for the purchase of the Claim, as referred to in Section 12.2.3, from Your User Profile balance.

15. AUTO PURCHASE

15.1. We may make available an Auto Purchase on the Platform. We are responsible for the functioning of the Auto Purchase settings as described on the Platform and in the Terms of Use. The Auto Purchase goes through all Claims on the Platform to find the ones that meet the pre-determined parameters, limits, and settings You have set, enabled, and authorised on Your User Profile. Once any such Claim is detected, the process of entering into the Assignment Agreement will be automatic and You will be notified of the purchase of the Claims afterwards via the Platform.

15.2. In case several Platform users have enabled Auto Purchase with the same determined parameters, limits, and settings, the Claims shall be allocated to the Platform users in accordance with the algorithm active at the time and subject to changes by Us from time to time. For the avoidance of doubt, enabling the Auto Purchase functionality does not guarantee that You will be able to acquire any Claims via the Auto Purchase functionality or how quickly You are able to acquire any Claims.

15.3. The Auto Purchase functionality can only be used to acquire Claims from the Lenders, not from other users of the Platform.

15.4. You can always disable the Auto Purchase in which case no additional transactions will be made on Your behalf by the Auto Purchase. This will not affect any transactions which had been entered into before the Auto Purchase was disabled.

15.5. We have full discretion to decide whether or not We make the Auto Purchase functionality available for You. We may at any time terminate the use of the Auto Purchase or change its functionality by giving You notice prior to or after the termination or change.

15.6. If You have chosen to use the Auto Purchase, You should do so by authorising Your use of the Auto Purchase on the Platform.

15.7. If You have chosen to use the Custom Auto Purchase, You, at Your own sole discretion, should select the parameters, limits, and settings for the Custom Auto Purchase, and authorising Your use of the Custom Auto Purchase function on the Platform. You may at any time change the parameters, limits, and settings You have set. This will not affect any purchases of the Claims which had been entered into before such a change. You assume full liability for any consequences from the parameters, limits, and settings of the Custom Auto Purchase once set and enabled by You, and You waive any claims against Us in this regard. The templates of the Assignment Agreements to be concluded based on the Custom Auto Purchase set, enabled, and authorised by You are available for Your inspection on the Platform. You acknowledge and agree that You have read these documents and, if requested by Us, will confirm that You are familiar with them.

15.8. If You have chosen to use any of the FU Capital Auto Purchase, You, at Your own sole discretion, should select the FU Capital Auto Purchase, set the maximum limit of the Claims for the FU Capital Auto Purchase, and enable the FU Capital Auto Purchase function on the Platform. You assume full liability for any consequences from the parameters, limits, and settings of the FU Capital Auto Purchase once enabled by You, and You wave any claims against Us in this regard. The templates of the Assignment Agreements to be concluded based on FU Capital Auto Purchase are available for Your inspection on the Platform. You acknowledge and agree that you have read these documents and, if requested by Us, will confirm that You are familiar with them.

15.9. By enabling the Auto Purchase, You authorise Us in the following actions without needing any prior or additional approval from You and subject to Our discretion:

15.9.1. to select the Claims to be purchased by You and submit automatic requests to purchase the Claims in accordance with the Auto Purchase and the Terms of Use;

15.9.2. to conclude the Assignment Agreements for the purchase of the Claims in accordance with the Auto Purchase and templates of the Assignment Agreements made available on the Platform;

15.9.3. to allocate Digital Assets to pay the Claim Price of each Claim in the aggregate amount You have determined for acquiring the Claims using Auto Purchase; and

15.9.4. to withdraw from Your User Profile balance the amount of the Digital Assets to be paid as the Claim Price for the purchase of the Claim and transfer them to the Assignor in accordance with the Assignment Agreements.

15.10. By enabling the Auto Purchase, You acknowledge and agree that:

15.10.1. the purchase of the Claims, the conclusion of the Assignment Agreements for the purchase of the Claims in accordance with the Auto Purchase and templates of the Assignment Agreements made available on the Platform are in all the legal aspects equivalent to the requests submitted to purchase the Claim made by You on the basis of Your consent given in accordance with Section 12 (Request To Purchase A Claim);

15.10.2. We will be able to execute the purchase of the Claims in accordance with the Auto Purchase preferences only if Your User Profile balance is sufficient to make a transfer of the Digital Assets to be paid as the Claim Price for the purchase of the Claim in accordance with the Auto Purchase and the Assignment Agreements;

15.10.3. the Repayments received by You may also be used to be paid as the Claim Price for the purchase of the Claim in accordance with the Auto Purchase;

15.10.4. You are fully responsible for the Auto Purchase set, enabled, and authorized by You and for the consequences which may take place as the result of Your decision to set, enable, and authorise the Auto Purchase; and

15.10.5. You accept the Assignment Agreements concluded by Us on Your behalf and for Your account in accordance with the Auto Purchase as binding to You to its full extent, including all rights and obligations arising out of such Assignment Agreements;

15.10.6. the purchase of the Claims made, the conclusion of the Assignment Agreements for the purchase of the Claims in accordance with the Auto Purchase, and templates of the Assignment Agreements made available on the Platform are made at Your own risk, and in doing so, We will apply the Auto Purchase set and enabled by You without discretion until You change Your preferences of the Auto Purchase in accordance with the Terms of Use.

15.11. After We have executed the purchase of Claims and conclusion of the Assignment Agreements in accordance with Your authorisation given by enabling the Auto Purchase on the Platform:

15.11.1. We will reflect on Your User Profile the information about the Claims purchased, the Assignment Agreements concluded, and the Claim Prices paid by You in accordance with the Assignment Agreements;

15.11.2. We are not obliged to provide any other additional information with respect to the Claims purchased, the Assignment Agreements concluded, and the Claim Prices paid by You in accordance with the Assignment Agreements.

15.12. You have the right to:

15.12.1. to change the parameters, limits, and settings for the Custom Auto Purchase by following the procedure on the Platform at any time;

15.12.2. to change the maximum limit of the Claims for the FU Capital Auto Purchase by following the procedure on the Platform at any time; and

15.12.3. to deactivate the use of the Auto Purchase by following the procedure on the Platform at any time;

15.13. We will suspend, restrict the functionality, or deactivate Your use of the Auto Purchase at any time:

15.13.1. if You do not have a sufficient amount of Digital Assets in Your User Profile balance;

15.13.2. if there are no Claims on the Platform that correspond to the Auto Purchase preferences as set and enabled by You;

15.13.3. if the terms of the templates of the Assignment Agreements to be concluded based on the Auto Purchase Settings have been amended, and after We have informed You about such amendments via Your User Profile, You have not confirmed Your acceptance of the amended terms of the Assignment Agreements;

15.13.4. if We have suspended or otherwise restricted the functionality of Your User Profile in accordance with these Terms of Use;

15.13.5. if You or Us have closed Your User Profile in accordance with these Terms of Use.

15.14. You acknowledge and agree that:

15.14.1. You will independently study the information on rights and obligations, and benefits and risks from the purchase of the Claims relating to any Claim purchased and the Assignment Agreement concluded in accordance with to any Auto Purchase;

15.14.2. no summary will be created in relation to any purchase of the Claims pursuant to any Auto Purchase and any conclusion of the Assignment Agreement will be legally binding once the purchase of the Claim has been executed and title over the Claim will be transferred (i) to You once the purchased Claim will be registered on Your User Profile and (ii) away from the Assignor once the Claim Price is transferred to the Assignor;

15.14.3. We cannot guarantee the availability of the Claims which meet Your Auto Purchase preferences. This may mean that there may be no purchase of the Claims during the period in which You have enabled the Auto Purchase. We shall not be liable for any losses arising due to the lack of the Claims which satisfy Your Auto Purchase preferences;

15.14.4. We have the right to stop providing the Auto Purchase at any -me without any prior notice to You, in which case We will stop executing the purchases of the Claims in accordance with Your Auto Purchase set and enabled by You. For the avoidance of doubt, a change in any settings in relation to any Auto Purchase is not stopping the operation of the Auto Purchase settings;

15.14.5. We have the right to change in any way any FU Capital Auto Purchase parameters by notifying You on Your User Profile. Any change will take effect on the next day after the notice or any later date notified by Us to You. If You do not agree to the change, You may stop using a FU Capital Auto Purchase in accordance with the procedures specified on the Platform. We may change any settings relating to any FU Capital Auto Purchase without notice to You to correct any manifest error or if the change is in favour of You and other Users;

15.14.6. the Auto Purchase shall not be intended as, or should be construed as, or qualify as consultations, recommendations, or advice of any kind in the area of investment services, consultation services, or an encouragement to execute a transaction;

15.14.7. We accept no responsibility for Your errors or omissions when setting up Auto Purchase, and any Claims that have been purchased, or any Assignment Agreements that have been concluded as a result of those errors or omissions;

15.14.8. if suspend, restrict the functionality, or deactivate Your use of the Auto Purchase at any time, We shall not be liable for any loss (including loss of profits) for You.

16. REPAYMENTS

16.1. We will service the payments made by the Lender in accordance with the Assignment Agreements and deliver to You the Repayments due to You by increasing Your User Profile balance in accordance with the Assignment Agreement.

16.2. If the Lender fails to make due payments to Us in accordance with the Assignment Agreement, We may incur costs, such as external legal fees related to the recovery of respective funds due to You, restructuring of the payment obligations towards You and other users of the Platform, or taking other actions which are aimed at ensuring that payments are made to You and other users of the Platform in accordance with the Assignment Agreements. You acknowledge and agree that We are entitled to compensation, and You agree to compensate Us such reasonable costs incurred since the aforementioned recovery procedures are made by Us acting in Your interests and benefit, as Your fiduciary agent. We will, in each case, inform You about the costs, which should be compensated by You, and such compensation shall be limited by the recovered amount of due payment received by Us.

17. REPORTS AND STATEMENTS

17.1. All purchases and sales of the Claims or any other activity on the Platform concluded by You via the Platform will be reflected by Us in Your User Profile for Your review at any time.

17.2. We will make available to You details of:

17.2.1. all purchases and sales of the Claims performed by You on the Platform in the dashboard and in the form of reports available at Your User Profile on the Platform; and

17.2.2. all the Repayments received by You in accordance with the Assignment Agreements.

17.3. After the Assignment Agreement is concluded, it shall be available at the User Profile on the Platform until the day of the termination of the Terms of Use and closing of Your User Profile.

17.4. Other documents regarding the Claim shall be kept by the Lender, as the Assignor, or other person indicated in the Assignment Agreement, and shall not be transferred to You.

18. USER’S ACKNOWLEDGEMENTS AND REPRESENTATIONS

18.1. You confirm that You are aware of and agree that if You purchase a part of the Claim against the Borrower deriving from the Loan Agreement:

18.1.1. the Claim is not absolute, and the entire claim rights against the Borrower deriving from the Loan Agreement is not assigned and transferred to You in accordance with the Assignment Agreement;

18.1.2. You are not the sole creditor, and the Loan Repayments received from the Borrower will be distributed among all the creditors in proportion to the amounts of their claims against the Borrower; and

18.1.3. based on authorisations given to Us, We administer the Claim for the benefit of all Assignees who have purchased the Claim via the Platform.

18.2. During the term of the Terms of Use, You acknowledge and represent that You:

18.2.1. are capable of making decisions regarding the purchase and sale of any Claim;

18.2.2. understand all risks related to Our Services, activities and ancillary services, including the risk that You may not receive Repayment for the whole or any part of any Claims in accordance with the Assignment Agreements;

18.2.3. understand all risks associated with transferring of the Digital Assets to FU Capital Wallet to be added to Your User Profile balance;

18.2.4. understand that if the balance of Your User Profile is negative and/or insufficient, We will not (i) carry out the relevant transaction on behalf of You and (ii) be liable for any damage or loss which You may suffer in this regard.

18.3. You acknowledge and agree that We and each Lender:

18.3.1. have an obligation to ensure the confidentiality of each Borrower’s personal data;

18.3.2. will disclose only limited information as regards each Borrower, any guarantor, any pledgor and any collateral (if any); and

18.3.3. will not disclose any confidential information about any Borrower, any guarantor, any pledgor and any collateral (if any).

18.4. During the term of the Terms of Use, You undertake not to:

18.4.1. use the Platform and Our Services for committing any illegal or malicious actions, performing unlawful and inappropriate activities, and/or carrying out illegal transactions, including fraud and money laundering;

18.4.2. revoke the authorisation issued to Us under the Terms of Use;

18.4.3. disclose to any third person information with respect to the Terms of Use that may concern the interests of Us or any of the Borrowers and/or the Lenders;

18.4.4. request information about any of the Borrowers and not to start servicing the Claim and/or not to commence the Loan recovery;

18.4.5. not, personally or through third persons, contact any of the Borrowers in any way in connection with the Assignment Agreement and the purchased Claim;

18.4.6. use the Platform, its underlying computer programs (including application programming interfaces (APIs)), domain names, Uniform Resource Locators (URLs), databases, functions or its content, other than for private non-commercial purposes unless otherwise agreed by Us in writing in accordance with Our procedures. Use of any automated system or software, whether operated by a third person or otherwise, to extract any data from the Platform for commercial purposes (screen scraping) is strictly prohibited;

18.4.7. use any automated means to access the Platform or collect any information from the Platform (including robots, spiders, scripts or other automatic devices or programs);

18.4.8. use any high-frequency and algorithmic trading techniques and software for performing transactions on the Platform;

18.4.9. reproduce, modify, adapt, translate or otherwise make any changes to the Platform or its services;

18.4.10. copy, disclose or distribute any data available on or through the Platform and its services in any medium, including by any automated or non-automated ‘screen scraping’, ‘database scraping’ or any other activity with the purpose of obtaining content or other information for any purpose;

18.4.11. decompile, disassemble or otherwise gain access to the source code of the Platform or use it;

18.4.12. frame or mirror the Platform, utilise framing techniques to enclose any content or other proprietary information, place pop-up windows over the Platform, or otherwise affect the display of the Platform;

18.4.13. interfere with, circumvent or disable any security or other technological features or measures of any of the services on, or attempt to gain unauthorised access to, the Platform (or any of its services) or its related
systems or networks;

18.4.14. use data provided by Us or other persons on the Platform in any manner whatsoever, for any competing uses or purposes with respect to Us, any of the Lenders or other persons who have provided that data;

18.4.15. take any action not explicitly permitted by the Terms of Use that imposes or may impose, at Our determination, an unreasonable or disproportionately large load on Our infrastructure.

18.5. You are not entitled to assign, transfer or otherwise delegate Your rights and obligations acquired under the Terms of Use to any third persons without the prior written agreement of Us.

19. USER’S RIGHTS AND OBLIGATIONS

19.1. During the term of the Terms of Use, You undertake to:

19.1.1. use the Platform only for the purpose of actions allowed by the Platform and the Terms of Use;

19.1.2. comply with the Terms of Use, the Assignment Agreement, and other agreements that are binding upon You and are concluded with Us;

19.1.3. provide true, accurate, complete, and up-to-date information and documents to Us; be true, accurate, complete, and up-to-date

19.1.4. promptly, but no later than within 2 (two) Business Days, to notify Us in writing and update Your User Profile details if any of the information referred in Section 5.2 changes;

19.1.5. promptly, but no later than within 2 (two) Business Days, submit information and documents for Us to perform the identity verification and due diligence checks in accordance with Our procedures and policies;

19.1.6. ensure a positive and sufficient balance of Your User Profile to fulfil the Terms of Use, the Assignment Agreements, and cover any payments arising from them;

19.1.7. use only secure means and devices of in communication and data transmission; and

19.1.8. communicate with Us primarily through the Platform and by using Your Email Account and telephone number indicated on the Platform.

20. AUTHORISATION

20.1. You appoint and irrevocably authorize Us, as Your representative, in the following actions without needing any prior or additional approval from You and subject to Our discretion, that is, without obliging Us to exercise any of the authority:

20.1.1. to service a Claim in Your interests;

20.1.2. to communicate with any of the Lender and third persons in relation to the Assignment Agreement and the Loan Agreement and to monitor any of the Lender’s compliance with the said agreements;

20.1.3. to enter into the guarantee agreement on behalf of You with the guarantor at Our discretion on terms and conditions and at Our discretion to establish any other collateral securing performance of any of Lender or a third person’s obligations arising from the Assignment Agreement, as well as without prior coordination with You, to make amendments or sign supplement agreements to the guarantee agreement created as per this Section;

20.1.4. to carry out the payment of the Claim Price by deducting the Claim Price from the Your User Profile balance and transferring the respective amount to the Assignor, and in accordance with the Terms of Use and Assignment Agreement;

20.1.5. to distribute the Repayments to be received by You, as the Assignee, in accordance with the Assignment Agreement and transferred by the Lender or a third person to Us by reflecting the Repayments received by You in Your User Profile’s balance on the Platform;

20.1.6. to withhold all payments related to any of the Assignment Agreements;

20.1.7. to submit and enforce any claims against the Lender, a guarantor and/or a third person arising from the Assignment Agreement, guarantee agreement, or any other agreement;

20.1.8. to submit and enforce any of Your rights, as the Assignee, against the Borrower or, as a creditor, against the Lender and a third person arising out of the Assignment Agreement and/or the Loan Agreement;

20.1.9. to demand that the Lender executes the repurchase obligation in accordance with an Assignment Agreement;

20.1.10. to demand that the Lender executes the buyback obligation in accordance with an Assignment Agreement;

20.1.11. to decide what actions should be taken in case of the Lender’s, a third person’s, or a guarantor’s default and execute such actions; and

20.1.12. to perform other actions that We are entitled to take on behalf of You under the Terms of Use.

20.2. You agree and consent that You are aware of and agree that the afore-mentioned authorisation to Us shall be valid throughout the term of the Terms of Use, and the actions of Us are binding on You. You waive any claims against Us in this regard.

20.3. You agree and consent that the authorisation provided to Us under the Terms of Use is issued with the right of further authorisation and is in force for the entire duration of the Terms of Use. We or, in case of transfer of the management of the Claim by Us to a third person, the third person has the right to act, using its employees and authorised representatives. We are entitled to, at Our own discretion, appoint a third person to whom the transfer of the management of the Claim can be assigned by Us together with the authorisation given by You hereunder.

20.4. The authorizations, instructions, consents, permissions, or powers of attorney given to Us under the Terms of Use shall be deemed given to Us and Our Affiliates. The same applies in case of change of control, i.e. in case more than 51% (fifty-one-per-cent) of Our shares or property is transferred or sold to a third party that is not Our Affiliate.

21. FU CAPITAL’S RIGHTS AND OBLIGATIONS

21.1. During the term of the Terms of Use, You acknowledge and agree that We have the right to:

21.1.1. in Your favour to make and withhold payments from Your User Profile balance only in accordance with the Terms of Use;

21.1.2. having previously confirmed the time, to invite You to personally visit Us at Our office to carry out the identity verification and due diligence checks. You undertake to cover any costs related to such identity verification and due diligence checks. If You do not personally visit Us in Our office when invited, it will constitute basis for Us to unilaterally terminate the Terms of Use;

21.1.3. provide different content and services on the Platform You and other Users of the Platform depending on the country or other territory of residence or other criteria at Our sole discretion;

21.1.4. reverse any transaction which has been executed in error by Us and/or any third person (including making retrospective amendments to statements available in Your User Profile) without prior agreement with You. If practicable, We will notify You regarding such transactions;

21.1.5. from time to time carry out promotional campaigns and offer loyalty programs or other benefits to You and/or other users on the Platform. We will publish the terms and conditions of such campaigns, programs and/or other benefits on the Platform and/or will send the terms and conditions and other relevant information to You using the details provided on the Platform (Email Account, phone or other). If You wish to benefit from the campaign or loyalty program or receive other benefits, You will be informed about the terms and conditions published on the Platform or delivered to You as the case may be. We may change the terms and conditions of its campaigns, programs and other benefits with immediate effect or by giving prior written notice, at Our sole discretion. The terms and conditions may also be published as page content or promotional rules on the Platform without being titled ‘Terms and Conditions’, and they may vary between You and other users of the Platform; and

21.1.6. record any communications, electronic, by telephone, over video call, or otherwise, that We have with You in relation to the Terms of Use, and that any recordings that We keep will constitute evidence of the communications between You and Us. You agree that telephone conversations and video calls may be recorded so that We can respond to inquiries, ensure compliance with applicable laws and regulations, improve Our Services and provide customer support. We may use the records as evidence in any complaints handling and/or legal proceedings. These records will be Our sole property and handled in accordance with Our Privacy Policy.

21.2. During the term of the Terms of Use, You acknowledge and agree that We have the right not to:

21.2.1. execute Your request to purchase or offer to sell a Claim without giving any reason; and

21.2.2. make any payments to You unless We receive the Digital Assets due to You from the Lender, the Borrower, or a third person under the terms of the Assignment Agreement.

21.3. We may transfer, by way of assignment, novation, or otherwise and in full or in part, Our rights and/or obligations under the Terms of Use to third person or Our Affiliate, by notifying You of the transfer but without any consent of You.

21.4. Notwithstanding anything to the contrary, We have no obligation to maintain the Platform, provide Our Services, the Claim Servicing, provide any payments, provide any services, or act to benefit any person or any third person, as long as the Platform, Our Services, the Claim Servicing, payment, service, benefit and/or business or the User’s (for legal entities – the ultimate beneficial owner’s) activities violate the Internation Sanctions that We are required to comply with and observe.

22. TAX

22.1. You acknowledge and agree that that:

22.1.1. You are aware of and understand that it is Your responsibility to determine what, if any, taxes apply to the payments You make or receive and that it is Your responsibility to collect, report, and remit the correct tax to the appropriate tax authority in accordance with the laws and regulations applicable to You in Your country of tax residence;

22.1.2. We are not responsible for determining whether any taxes apply to You and Your use of the Platform and the Services or for collecting, reporting or remitting any taxes arising from any of Your activity on the Platform, use of the Services, and conclusion of the Assignment Agreements; and

22.1.3. We may make certain reports to tax authorities regarding activities executed on the Platform and that We may, in Our sole discretion or as required by laws and regulations applicable to Us, provide You with additional documentation or records needed by You to calculate any tax obligations. We may also withhold and deduct at source any taxes due under the laws and regulations applicable to Us in Our sole discretion.

23. LIABILITY

23.1. You will be liable for all losses caused by intention or negligence and incurred as a result of:

23.1.1. You committing any illegal or malicious actions, performing unlawful and inappropriate activities, and/or carrying out illegal transactions, including fraud and money laundering;

23.1.2. If You intentionally or negligently fail to comply with the Terms of Use; and

23.1.3. transactions, commitments or other activities carried out on Your User Profile unless We have suspended access to Your User Profile.

23.2. We have no liability to You for any loss suffered by You from using the Platform, purchasing and/or selling any Claim, including any of the following:

23.2.1. if You have purchased or sold any Claim with or without a discount or mark-up;

23.2.2. if You have failed to comply with the Terms of Use;

23.2.3. if You have failed to comply with an Assignment Agreement;

23.2.4. transactions, commitments, or other activities carried out on Your User Profile;

23.2.5. due to interrupted communications and other events that are not dependent on Us;

23.2.6. if We have suspended or otherwise restricted the functionality of Your User Profile in accordance with the Terms of Use;

23.2.7. for a Borrower's default under the Loan Agreement, the Loan Repayment and settlement in accordance with the Assignment Agreement;

23.2.8. due to any Borrower breaching the Loan Agreement or the Borrower’s illegal conduct;

23.2.9. due to any Lender breaching the Assignment Agreement or any other agreement or the Lender’s illegal conduct;

23.2.10. for the accuracy and completeness of information provided by the Borrower and/or the Lender;

23.2.11. for Your possible obligations arising from requirements of the laws and regulations applicable to You, resulting from the use of the Platform and Our Services.

23.3. You agree and consent to the following:

23.3.1. We are not liable for any losses that are or might be incurred by You in relation to the use of the Platform and Our Services, including the use of any Auto Purchase and We acting on any of Your authorizations or instructions;

23.3.2. We are not responsible for the accuracy and completeness of the information provided by any Lender, any Borrower, other Users of the Platform, and/or third persons;

23.3.3. We are not liable for the Borrower fulfilling its obligations under the Loan Agreement;

23.3.4. We are not liable for the Lenders fulfilling its obligations under the Assignment Agreements;

23.3.5. We and/or any of the Lenders are not liable if the Borrower delays the Borrower Repayments arising from the Loan Agreement in full or any part thereof, and the Claim is not repaid and discharged;

23.3.6. We are not liable if the Lender delays the Repayments arising from the Loan Agreement and/or the Assignment Agreement that shall be made by the Lender to You in accordance with the Assignment Agreement or any other agreement in full or any part thereof, and the Claim is not repaid and discharged;

23.3.7. We are not liable if a third person delays the Repayments arising from the Assignment Agreement that shall be made by the third person to You in accordance with the Assignment Agreement or any other agreement;

23.3.8. We are not liable for the Lender’s and/or a third person’s acts and omissions and fulfilment of the obligations in accordance with the Assignment Agreement, the Loan Agreement, and/or any other agreement;

23.3.9. We are not liable to You for any delays in payments or when We suspend payments for whatever reason;

23.3.10. We are not obliged to make any payments to You with respect to any Claim in accordance with the Assignment Agreement until (i) the Lender has received the Loan Repayment from the Borrower in accordance with the Loan Agreement, and/or (ii) We have received such Repayments from the Lender or a third person;

23.3.11. We are not liable to You for the actions or inactions of third persons, including, Our Affiliates, Our partners, Digital Asset service providers, and other service providers; and

23.3.12. We are not liable for any delay or failure to perform as required by the Terms of Use to the extent the delay or failure is caused by a Force Majeure Event.

23.4. We will not be responsible for any loss incurred due to any interruption in:

23.4.1. email, electronic, or other means of communication;

23.4.2. the functioning of the Platform; or

23.4.3. electronic data exchange and system of Digital Asset service providers, credit institutions, payment institutions, or electronic money institutions (including online banking).

23.5. Our liability for any damages or losses caused by Our activities, whether through action or omission, shall be limited to losses that are a direct and reasonably foreseeable consequence of Our breach of the Terms of Use. Our liability is contingent upon such a breach being clearly attributable to Us, and shall not exceed the balance of Your User Profile at the time the damages occurred. Our liability is strictly limited to actions caused by Our activities due to gross negligence or intention, and We shall not be held liable for any damage or loss resulting from ordinary or slight negligence (‘culpa levis’).

24. CONFIDENTIALITY

24.1. Any information arising from the Terms of Use is considered as confidential in part that is not published on the Platform.

24.2. We undertake not to disclose to third persons the information related to Your activity on the Platform unless the disclosure is required by the laws and regulations applicable to Us. Upon request, We may disclose information regarding Your activity on the Platform only directly to You and/or Your authorised representatives via the Platform provided under the Terms of Use. We may disclose such information to third persons with or without Your consent if required by the laws and regulations applicable to Us. We may share any information submitted by You: (i) with Our Affiliate, (ii) with any person that is involved in the provision of services on the Platform and Our Services, and/or (iii) as in any case provided in the Privacy Policy.

24.3. You undertake not to disclose to a third person the information related to the Platform, Our Services, or any of the Lenders that may affect the interests of Us, any of the Lenders or the Borrowers.

25. PERSONAL DATA

25.1. Our Privacy Policy forms part of the Terms of Use. By accepting the Terms of Use, You also confirm to read and understand the Privacy Policy available on the Platform. You should review the Privacy Policy before agreeing to the Terms of Use.

26. INSOLVENCY

26.1. In the unlikely event that We are declared insolvent:

26.1.1. conclusion of new Assignment Agreements on the Platform will be stopped immediately;

26.1.2. You will not be able to carry out activities and transactions on the Platform and in Your User Profile;

26.1.3. the Terms of Use will be terminated, and the current balance in Your User Profile will be returned to You in accordance with the laws and regulations applicable to Us;

26.1.4. You will receive information regarding the effective Assignment Agreements to Your Email Account; and

26.1.5. the validity of Assignment Agreements and any of Your rights arising from Assignment Agreements will not be affected.

26.2. To ensure that information prescribed in Section 26.1 is provided and sent, We may cooperate with third persons.

26.3. You are obligated to immediately inform us in the event that (i) You are unable or admit inability to pay debts as they fall due or a threat of such event exists, (ii) a request for opening a pre-bankruptcy or bankruptcy proceedings is filed, (iii) conditions for such request are fulfilled in accordance with the laws and regulations applicable to You, and/or (iv) a decision on the opening of pre-bankruptcy or bankruptcy proceedings is adopted. We will not be held liable for any damage or loss resulting from Your failure to inform Us of such an event towards You or any other third-party.

27. COMPLAINTS, QUESTIONS, AND DISPUTE RESOLUTION

27.1. If You have a complaint or You want to ask Us a question about Our Services, then We would like to hear from You. Letting Us know Your concerns gives Us the opportunity to put matters right for You and improve the quality of Our Services. If You think that We could have served You better, then please let Us know.

27.2. Complaints concerning Our Services should be communicated to Us in the first instance by contacting the Customer Support Service in writing via e-mail by sending an email message to: support@fucapital.io. Please state that You wish to make a complaint by indicating ‘Notice of Claim’, so that We are able to distinguish this from a query.

27.3. We need to understand exactly what Your complaint is about, so the more information You can give Us, the better. To make sure that We investigate and resolve Your complaint as quickly as possible, please make sure that in the ‘Notice of Claim’ You give Us the following information:

27.3.1. Your User ID;

27.3.2. if You are an individual – Your name and last name, or if You are a legal entity – Your legal entity’s name, and Your authorized representative’s name and last name;

27.3.3. a clear description of the circumstances of Your complaint;

27.3.4. what You would like Us to do to put it right;

27.3.5. all the evidence available to You and copies of any relevant documents You have; and

27.3.6. Your Email Account and telephone number details.

27.4. We will do Our best to resolve Your complaint as soon as possible, but this may not always be possible.

28. GOVERNING LAW AND JURISDICTION

28.1. The Terms of Use and any non-contractual obligations arising out of it or in connection with it shall be governed by and interpreted in accordance with the laws and regulations of the Republic of Croatia.

28.2. All claims, disputes, or proceedings arising out of or in connection with the Terms of Use, including their existence, validity or termination or any non-contractual obligation arising out of or in connection with them (‘dispute’) shall be resolved in accordance with the normative acts of the Republic of Croatia, and You and Us agree that the courts of the Republic of Croatia are the most appropriate and convenient courts to settle disputes and neither You or Us will argue to the contrary.

28.3. Notwithstanding Section 28.2, We shall not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction. To the extent allowed by law and regulations, We may take concurrent proceedings in a number of jurisdictions.

29. COMMUNICATION AND NOTICES

29.1. We may send communications and notices to You at the Email Account or address You gave Us during the registration process for opening Your User Profile (or as later updated by You) or to Your User Profile on the Platform. You must notify us of changes to the contact details You gave Us (Your address, Email Account, and telephone number). If You do not notify Us straight away of any change in these details, You may not receive information that could be important – or it could fall into the wrong hands.

29.2. We will normally send communications and notices to Your Email Account or Your User Profile on the Platform.

29.3. If required to send a notice to You by post, We will send it to You at the most recent address You gave Us. If the letter sent by Us is returned as undelivered, We will stop using that address unless We are required by laws and regulations applicable to Us to send You information by post. In the latter case, the delivery will be deemed in accordance with the applicable laws and regulations.

29.4. When notifying Us, You will use Our e-mail address in the Platform: support@fucapital.io. You may also use Our post address specified on the Platform.

29.5. All communications and notices under the Terms of Use that are sent:

29.5.1. by e-mail will be deemed to have been given and received on the next Business Day following the date when the e-mail was sent unless an electronic indication that the e-mail was not delivered is received;

29.5.2. to Your User Profile on the Platform will be deemed to have been given and received on the day when the message was posted on the Platform;

29.5.3. by posting them by Us on the Platform will be deemed to have been given and received at the moment when they are posted on the Platform or as indicated on the Platform;

29.5.4. by post will be deemed to have been given and received on the day of actual receipt. If the post is not delivered because of the wrong address information, the post will be deemed to have been given and received on the 10 (tenth) day after the date of handing over a letter to a post office for dispatch.

29.6. All communications and notices between You and Us must be in English or in another language if so requested by You and if Our Customer Support Service team has a member with skills to communicate in Your preferred language.

29.7. Any notification for You and other users of the Platform that does not include personal data may be published on the Platform. You acknowledge and agree that these notifications may be important and may relate to issues that may impact the Services or their security. You are responsible for monitoring the Platform and reading and considering these notifications.

29.8. You agree and undertake to check for new information on Your User Profile and in any e-mail sent to the Email Account regularly, and at least once every calendar month, and You will be deemed have been so notified, including any changes to the Terms of Use. You and We undertake not to disclose such information to any third person, except as prescribed in the laws and regulations applicable to You and in accordance with the Terms of Use or the Assignment Agreement.

29.9. We are entitled to rely upon any act done or any letter or document signed or any communication or notices sent electronically or through the Platform by any person purporting to act or sign or send on behalf of You despite any defect in or absence of any authority of such person.

30. CHANGES

30.1. The Terms of Use and additional terms and conditions that may apply to Our Services may change.

30.2. We will notify You before any changes to the Terms of Use are due to take effect. We will notify You by posting a notice of the changes on the Platform and by sending a notification to You to Your Email Account. Any changes to the Terms of Use are effective after We post a notice on the Platform and send a notification to You.

30.3. If We give You notice as set out above and You do not inform Us that You wish to terminate the Terms of Use and close Your User Profile, then Your continued use of Our Services will constitute acceptance of the changes to the Terms of Use, and We will treat You as having accepted the changes. We will display a link to the new Terms of Use on the Platform on the date when they enter into force. You may review the current Terms of Use at any time by clicking on the ‘Terms of Use’ link on the Platform.

30.4. However, should You wish not to be bound by any new version of the Terms of Use, You must notify Us that You do not agree to the changes before those changes enter into force. In that event, We will treat Your notice as a notification that You immediately wish to terminate Your use of Our Services and to close Your User Profile and the Terms of Use will be terminated immediately in accordance with Section 31 (Duration and Termination).

30.5. The Terms of Use displayed on the Platform will show the most recent revision date. No revision will affect a purchase or sale of a Claim as of the date of entry into force of the specific revision.

31. DURATION AND TERMINATION

31.1. The Terms of Use are a legally binding agreement between You and Us for an unlimited period unless terminated as described in this Section. The Terms of Use apply from the date when You confirm Your agreement to them on the Platform by ticking the ‘I have read, understand, and agree to the Terms of Use and Privacy Policy check box on the Platform. By ticking the ‘I have read, understand, and agree to the Terms of Use and Privacy Policy’ check box on the Platform, You confirm that You have read and understand the Terms of Use, and any rights and duties arising from the Terms of Use, and waive any claims whatsoever against Us that the Terms of Use have not been discussed or have been unilaterally determined by Us.

31.2. We may unilaterally terminate the Terms of Use by way of sending a written notice to Your Email Account or otherwise 10 (ten) calendar days in advance unless the Terms of Use stipulate otherwise.

31.3. We may, at Our discretion, without prior written notice, terminate the Terms of Use, suspend, or otherwise restrict the functionality of Your User Profile, or close Your User Profile at any time, including but not limited to any of the following reasons:

31.3.1. You are committing any illegal or malicious actions, performing unlawful and inappropriate activities, and/or carrying out illegal transactions, including fraud and money laundering;

31.3.2. We have reasonable grounds to believe that You have failed to comply with the Terms of Use, any Assignment Agreement, and/or any other terms and conditions applicable on the Platform;

31.3.3. You have provided false or misleading information or counterfeit documents at any time;

31.3.4. We have reasonable grounds to believe that Your User Profile has been used in connection with an unauthorised or unusual Digital Asset Wallet;

31.3.5. You have transferred the Digital Assets to be added to Your User Profile and/or FU Capital Wallet from a Digital Asset Wallet that is not opened for You and/or which You do not have authorization to use;

31.3.6. Your User Profile has been used, attempted to be used or allegedly used in or to facilitate criminal or other illegal or fraudulent activity against Us or someone else, including, but not limited to, receipt or transfer of potentially fraudulent funds or proceeds of crime;

31.3.7. We suspect money laundering, terrorism financing, or circumvention or breach of the Sanctions by You or related to Your activities or Digital Assets at Your disposal;

31.3.8. You are, or become, a person who is a Restricted Person or is associated or affiliated to a Restricted Person;

31.3.9. We unilaterally terminate the Assignment Agreement;

31.3.10. We suspect unauthorised or fraudulent use of Your User Profile or that Your User Profile has been accessed without Your authorization;

31.3.11. We suspect that any of the Login Details of Your User Profile has been compromised;

31.3.12. You inappropriately let someone else use Your User Profile;

31.3.13. You refuse when requested to cooperate with an investigation or to provide adequate confirmation of identity or other identity or security information;

31.3.14. We believe that Your User Profile or activities pose a security, credit, fraud risk, or confidentiality breach to Us, Our Services, Our Affiliates, Our partners, or service providers;

31.3.15. in any other case with an aim to ensure the security, inviolability, and confidentiality of our Services, as well as to prevent losses to Us or other Users;

31.3.16. You have offered threats or have been abusive to Our staff;

31.3.17. You put Us in a position where We might break the laws and regulations applicable to Us if We continue maintaining Your User Profile;

31.3.18. You violate or We have reason to believe that You are in violation of any laws and regulations applicable to You to Your use of Our Services;

31.3.19. due to a Force Majeure Event or any other reasons out of Our control; or

31.3.20. if in accordance with the laws and regulations applicable to Us or pursuant to an order of a governmental authority We are requested to do so.

31.4. If We terminate the Terms of Use, from the time of the notice:

31.4.1. You will not be able to submit a request to purchase a Claim and conclude Assignment Agreements;

31.4.2. You will not be able to offer for a sale a Claim and conclude Assignment Agreements;

31.4.3. You may not be able to access Your User Profile;

31.4.4. We may restrict the services and/or functionality available to You on the Platform;

31.4.5. We may offer for sale any or all Claims purchased by You for the Claim Price that is calculated based of: (i) the outstanding principal amount of the Claim as on the day of Our notice of the termination of the Terms of Use; (ii) the accrued and unpaid Interest to the Claim as on the day of Our notice of the termination of the Terms of Use; and (iii) the mark-up or discount;

31.4.6. We may further provide You with part of the Claim Services with respect to the Claims purchased by You before Our notice of the termination of the Terms of Use.

31.5. Unless informing You would compromise reasonable security measures or otherwise be unlawful, We will where practicable notify You in advance or immediately afterwards of the closing of Your User Profile or suspension or restriction of the functionality of Your User Profile. If the reason for suspension of Your User Profile can be reasonably cured or remedied, We will notify You of action to be taken to eliminate the reason and to restore the functionality of Your User Profile.

31.6. If We suspect that You are engaging in an activity referred to in Section 31.3, We may contact the relevant government authority, recognised crime prevention body, and/or other third persons and disclose details of any prohibited activities, under Our Privacy Policy or any laws and regulations applicable to Us and/or take legal action against You.

31.7. Notwithstanding anything to the contrary, Your User Profile will be closed immediately if We receive
notice from You that You do not agree with changes to the Terms of Use as explained in Section 30 (Changes).

31.8. Notwithstanding anything to the contrary, in the event of Your death or incapacity, Your representative(s) or legal beneficiary/beneficiaries of Your estate may give Us written notice. If We have a reason to believe that You have died, We may suspend Your User Profile. Your User Profile will be suspended until (i) a representative of Your estate or authorised beneficiary completes a successful inheritance application to receive the assets in the Your User Profile in accordance with Our requirements which may be amended from time to time without notice; or (ii) You provide satisfactory proof that You are alive. Our ability to provide the representative(s) with the assets in Your User Profile is subject to the restrictions imposed by the laws and regulations applicable to Us and the Terms of Use. We do not commit to any timeline for the transfer of assets held to the credit of Your User Profile.

31.9. Notwithstanding anything to the contrary, If Your User Profile is inactive for longer than 12 (twelve) months regardless of whether there is an available balance on Your User Profile, We reserve the right to close Your User Profile at any point after 12 (twelve) months of it being inactive. We will notify You about Your User Profile closure in writing to Your Email Account.

31.10. You may unilaterally terminate the Terms of Use by way of sending a written notice to Us from Your Email Account or by completing the relevant notification on Your User Profile at least 10 (ten) calendar days provided that: (i) no active Claim appears on Your User Profile, other than a Claim marked either as ‘pending’ or ‘defaulted’ on the Platform, and (ii) in accordance with the Terms of Use You do not have any debt obligations to Us or any other persons in accordance with the Assignment Agreements entered into on the Platform. Upon receipt of Your notice, We will restrict the services available to You on the Platform.

31.11. Once the Terms of Use are terminated:

31.11.1. after the date of the termination, no Interest on the Claims previously purchased by You via the Platform will be calculated and paid;

31.11.2. We will deduct Our expenses and any other amounts due from You from Your User Profile balance;

31.11.3. We will transfer any remaining freely available Digital Assets in Your User Profile Balance to Your User Wallet no later than 10 (ten) Business Days after the day of the termination of the Terms of Use, provided that We will not be liable for any delay due to reasons not dependent upon Us; and

31.11.4. block access to Your User Profile.

31.12. If there is any Claim on Your User Profile which has the status of having been ‘suspended’ or ‘defaulted’ on the Platform, access to Your User Profile will not be closed, and any Claim will be held on the dormant account before it is repaid or written off.

31.13. Closing Your User Profile does not mean that We delete data (including personal data) that We hold on to You. We will retain any records regarding You and Your activities on the Platform in accordance with the laws and regulations applicable to Us.

31.14. You will remain liable for a negative balance on Your User Profile or any other debt You owe Us under the Terms of Use or the laws and regulations applicable to Us even after Your User Profile is closed. You will settle any such debt immediately at Our request.

31.15. The termination of the Terms of Use will not release You from the respective obligations to the other arising before the date of termination of the Terms of Use.

31.16. We may at Our discretion decide to discontinue or restrict Our Services in any country at any time and without a prior written notice.

31.17. Should any provision of the Terms of Use be held as void, invalid, does not affect the clauses In the event that any of the provisions of the Terms of Use is or becomes illegal, invalid or unenforceable under the applicable laws and regulations, the legality, validity and enforceability of the other provisions shall not be affected or prejudiced by it.

32. RISK STATEMENT

32.1. It is Your responsibility to determine whether any of Your decisions and activities on the Platform and Out Services are appropriate for You according to Your personal objectives, financial circumstances, and risk tolerance, and You are responsible for any associated loss or liability. We do not recommend that any Claim should be bought, sold, or held by You. Before making the decision to buy, sell, and/or hold any Claim, including in accordance with Auto Purchase, You should conduct Your own due diligence and consult Your advisors, including financial, tax, legal or investment advisers.

32.2. We, when providing Our Services under the Terms of Use, do not act as a financial, tax, legal or investment adviser. We may, but are not obligated to, provide You with information and/or analytical materials related to offers to purchase the Claims via the Platform. If such information and/or analytical materials are provided to You, they are provided for information purposes only, and any decisions You take based on such information and/or analytical materials are taken (i) as Your own decisions, (ii) at Your expense and risk, and (iii) are not based on any assertions and/or recommendations of Us. In no case will such information and/or analytical materials are intended as, or should be construed as, or qualify as consultations, recommendations, or advice of any kind in the area of investment services, consultation services, or an encouragement to execute a transaction. We cannot be held liable for any losses which may arise to You, nor do We undertake any liability towards You or a third person if You based Your decisions on such information and/or analytical materials.

32.3. By entering into the Terms of Use and transferring Digital Assets to FU Capital Wallet, You agree to accept the risk and waive any possible claims against Us in case of a total or partial loss of the Digital Assets transferred to the FU Capital Wallet, or an inability to dispose funds at any time, which arise from any of the following:

32.3.1. any insolvency, bankruptcy, liquidation, administration procedure or any similar procedure or proceedings in any jurisdiction of the legal entity where the FU Capital Wallet is kept;

32.3.2. any application or enforcement of the agreement between Us and the legal entity where the FU Capital Wallet is kept; and/or

32.3.3. any decision of an executive, legislative, or judicial authorities that may affect Your rights to the Digital Assets in the FU Capital Wallet.

33. FINAL PROVISIONS

33.1. The laws and regulations of the Republic of Croatia (excluding its conflict-of-law rules) will govern the legal relations arising from the Terms of Use.

33.2. The Terms of Use may be made available in a number of languages; all versions are legally binding but in the event of inconsistency between English version and a translated version, English version prevails.

33.3. The Terms of Use comprise an electronic agreement as defined in the Electronic Commerce Act, and each party hereby consents to be committed to the Terms of Use to be concluded in electronic form in accordance with the procedure specified in the Terms of Use.

33.4. Situations that are not stipulated in the Terms of Use shall be settled in accordance with information stipulated on the Platform valid at the moment of appearance of such situation.