User Agreement

This User Agreement, between you ("You" or "User") and BITOMATO Trading Platform ("we", "us", "our", "BITOMATO"), becomes effective upon your use, access, or attempt to use or access the BITOMATO website, apps, and any other services provided by the companies BITOMATO LIMITED, and/or their affiliates (collectively, "Services"). Your engagement with these Services implies your acceptance of this Agreement, including any future modifications and additional terms, conditions, guidelines, rules, or instructions published on the BITOMATO website, apps, or other platforms.

BY UTILIZING BITOMATO SERVICES, YOU RECOGNIZE AND AGREE THAT: (1) YOU UNDERSTAND THE RISKS INVOLVED WITH DIGITAL ASSET TRANSACTIONS AND THEIR DERIVATIVES; (2) YOU ACCEPT ALL RISKS ASSOCIATED WITH USING BITOMATO SERVICES AND ENGAGING IN DIGITAL ASSET TRANSACTIONS AND THEIR DERIVATIVES; (3) BITOMATO IS NOT RESPONSIBLE FOR THESE RISKS OR ANY NEGATIVE CONSEQUENCES ARISING FROM THEM.

BITOMATO Trading Platform is operated by the companies BITOMATO LIMITED, BITOM FINANCE CORP, INIFINANCE CORP, other companies, and unincorporated organizations and teams that provide the appropriate services and are responsible for such services.

SECURITY OF YOUR COMPUTER/DEVICE

1.1 Ensuring the security of your computer/device for trading and managing Digital Assets is your responsibility. Any losses or damages incurred due to security lapses are your responsibility.

PROHIBITED COUNTRIES

2.1 It's essential to verify that you do not reside in countries where BITOMATO services are restricted. BITOMATO does not provide services, nor does it accept user registrations or trade applications from FATF-blacklisted countries. BITOMATO may also restrict services to users from the USA and/or other jurisdictions. This restriction can be communicated to users on the BITOMATO Trading Platform through notifications or checkbox confirmations. The list of restricted countries may change at BITOMATO's discretion, considering legal and compliance factors. Falsifying your location or residency can lead to the immediate termination of your account and the liquidation of any open positions. Please notify BITOMATO promptly if you become a resident of any restricted countries.

RISK DISCLOSURE

3.1 Acknowledge and evaluate the risks in Digital Assets trading before engaging in any trading activities with BITOMATO. Assess your risk tolerance carefully.

When using BITOMATO Services, be aware of various risks, including:

COMPLIANCE RISK: Non-compliance with laws can result in losses.

INVESTMENT YIELD RISK: The continuous operation and price fluctuations of the Digital Asset market can lead to losses.

POLICY RISK: Changes in national laws or policies affecting Digital Asset trading can lead to losses.

TECHNICAL RISK: While rare, technical faults can affect user interests.

OPERATIONAL RISK: Mistakes like incorrect transfers can pose risks.

TRADING RISK: BITOMATO does not guarantee successful transfers, which depend on mutual agreement.

FORCE MAJEURE RISK: BITOMATO is not liable for losses due to unavoidable events like natural disasters or cyber attacks.

DELISTING RISK: Bankruptcy, legal violations, or requests from project parties can lead to the delisting of Digital Assets and potential losses.

ACCOUNT FREEZE RISK: Judicial actions due to debt fraud or alleged crimes can lead to frozen or confiscated accounts.

ELIGIBILITY AND REGISTRATION FOR BITOMATO SERVICES:

4.1 Account Application: Before utilizing BITOMATO Services, all users must apply for a BITOMATO Account. When registering, you are required to provide accurate and complete information as specified in this Agreement or as requested by BITOMATO. You must agree to the terms of this Agreement, the Privacy Policy, and other legal documents of BITOMATO. BITOMATO holds the discretion to refuse the opening of an account.

4.2 User Representations and Warranties: In registering or accessing BITOMATO Services, you warrant that you are of legal age and have the legal capacity to enter into this Agreement. You confirm you have not been previously barred from BITOMATO services, do not hold an existing BITOMATO account, and are not located in or attempting to access BITOMATO services from a prohibited country. If representing a legal entity, you assert having the authority to bind the entity to these terms.

4.3 Compliance and Legal Restrictions: Your use of BITOMATO services should comply with all applicable laws and regulations, including those related to anti-money laundering, anti-corruption, and counter-terrorist financing. Be aware of and adhere to legal restrictions in your jurisdiction that may impact your access and use of BITOMATO services. BITOMATO may modify access to its services based on legal requirements without prior notification.

ACCOUNT SECURITY MANAGEMENT AND USER INFORMATION FOR BITOMATO

5.1 User Responsibility for Account Security: As a BITOMATO user, you acknowledge your responsibility to safeguard your BITOMATO account and password. You are liable for all activities under your account, including but not limited to, information disclosure and various online consent actions. It's your duty to ensure secure account practices and to bear the consequences of your actions.

5.2 Password Creation and Confidentiality: Create your safe and secured passwords, avoiding obvious choices like your name or birthday. Passwords should be kept confidential. If unauthorized use occurs due to factors like hacking or user negligence, BITOMATO bears no responsibility.

5.3 Prohibition on Account Transfer: Users must not transfer, lend, rent, or dispose of their BITOMATO account to others without BITOMATO's consent.

5.4 User Actions and Accountability: Actions conducted using your account and password are deemed as your own. You are responsible for any outcomes of such actions, with BITOMATO recognizing these as your instructions.

5.5 Responding to Security Risks: Take appropriate actions to protect your account upon receiving notifications of potential security risks from BITOMATO.

5.6 Liability for Unauthorized Use: If someone uses your BITOMATO account without authorization, BITOMATO may hold you accountable along with the unauthorized user.

5.7 Reporting Unauthorized Use: If you find that your account is being used fraudulently or without proper authorization, promptly inform BITOMATO and request service suspension. You understand that BITOMATO requires time to respond to such requests and is not liable for losses incurred before taking action.

5.8 BITOMATO reserves the right, at its sole discretion, to suspend, disrupt, or terminate any or all services to a user if it deems that any event compromising the security of trading may occur. This includes removing user registration details and confiscating any unlawful gains. Such events can be:

Suspected inauthentic or incomplete user information.

Detection of abnormal or potentially illegal transactions.

Suspicions of money laundering, pyramid schemes, or other illegal activities.

Use of prohibited technical methods affecting trading security or fairness.

Violation of BITOMATO's agreement terms or principles.

Participation in market manipulation activities.

Any other breach of the BITOMATO agreement.

5.9 To discontinue using their BITOMATO account, users must settle all dues, withdraw available digital assets, request account freezing, and then receive BITOMATO's approval for account cancellation.

5.10 Incomplete identity verification can result in BITOMATO terminating account services immediately, leading to the suspension, closure, or deletion of the user's account and associated data.

5.11 Termination of a user's account by BITOMATO does not absolve the user of liabilities arising from breaches or damages linked to their conduct while using BITOMATO's services. BITOMATO may retain the user's information post-account termination.

BITOMATO SERVICES:

6.1 Notwithstanding prior statements, services provided by BITOMATO under this Agreement can include:

User Accounts: Registration with BITOMATO generates a user account, which records all platform activities. This account is the exclusive access point for BITOMATO services.

Digital Asset Trading: Users are able to issue digital asset trading instructions and trade various digital assets within their BITOMATO accounts.

Deposits and Withdrawals: Users have the ability to transfer digital assets to and from their BITOMATO accounts.

Trading Status Updates: Confirmations by users become binding instructions for BITOMATO. The platform will handle such instructions based on its operational timing and according to this Agreement and dispute resolution rules. Users are solely responsible for any issues arising from delayed or incorrect updates.

Instruction Transmission: BITOMATO facilitates the transmission of trading instructions but does not directly participate in digital asset transactions or manage any legal tender deposits or withdrawals.

Transaction Records: All user operations on BITOMATO are recorded and accessible in real-time through their accounts.

Security Settings for Transactions: BITOMATO periodically adjusts transaction-related settings for security reasons, possibly affecting trading convenience.

System Error Management: BITOMATO corrects any errors in transactions due to system failures and may require users to return any excess assets received by mistake.

Additional Services: BITOMATO may periodically introduce new services.

6.2 The above list of services is not exhaustive and is subject to modifications at BITOMATO's discretion. Services may vary across different countries and are offered 'as-is.' BITOMATO reserves the right to change these services without prior notice. Each service is governed by specific terms detailed in the appropriate rules, and by using these services, users acknowledge their understanding and agreement to these terms.

6.3 Besides the previously mentioned points, users acknowledge and agree that BITOMATO holds the right, at its discretion, to suspend partially or entirely the Services, or user access to these Services, if BITOMATO believes that:

(a) the user might have violated this Agreement; or

(b) the smooth operation of the BITOMATO Platform is at risk.

Regarding this clause, situations where BITOMATO's operation might be considered at risk include:

(a) Computer or network malfunctions due to accidents;

(b) Force Majeure Events impacting service delivery;

(d) Events disrupting critical systems essential for BITOMATO services;

(e) Suspected unauthorized use of BITOMATO, or breaches of the Agreement or laws;

(f) Investigations by BITOMATO to comply with legal requirements or ensure platform integrity;

(g) Discontinuation of a Digital Asset due to significant blockchain changes;

(h) Inability to continue services due to legal changes, societal shifts, or external factors;

(i) Any other circumstances where BITOMATO deems suspension necessary.

6.4 When utilizing the listing services, provided by BITOMATO or its partners, the user, including corporate and/or business entities, must adhere to any established liquidity requirements, as well as comply with the listing and delisting policies set forth by BITOMATO.

RULES OF SERVICES FOR BITOMATO:

7.1 By using BITOMATO Services, you commit to adhere to the following:

(a) Ensure all your activities on BITOMATO comply with applicable laws, this Agreement, and BITOMATO guidelines (if applicable).

(b) Avoid actions that harm the public interests or rights of others and don't disrupt other users' access to BITOMATO services.

(d) Commercial use of BITOMATO data is prohibited without explicit permission, including data feeding, trading services, or monetizing BITOMATO data through other platforms.

(e) Do not replicate or misuse BITOMATO's intellectual property without consent.

(f) Avoid unauthorized access, data extraction, or interference with BITOMATO systems and services.

7.2 By accessing BITOMATO, you agree that BITOMATO can investigate and take action on any Agreement violations without prior notice, including order blockages, account freezes, and legal action.

7.3 In addition to the foregoing, due to the operation of Applicable Laws, BITOMATO prohibits certain businesses from being conducted on or otherwise utilizing BITOMATO Services, BITOMATO has the right to monitor your transaction and/or account activities to determine, under our absolute sole discretion, if your use of BITOMATO Services constitutes any of the prohibited businesses. These prohibited businesses include:

(a) Financial crimes such as money-laundering, fraud, and terrorist financing.

(b) Unlicensed money service businesses, including payment services and money transmission.

(d) Gambling activities, such as sports betting, casino games, and lotteries.

(e) Sale of unlicensed weapons and related accessories.

(f) Production or sale of unapproved pharmaceuticals.

(g) Adult content and services, including pornography and sexually-related services.

(h) Deceptive marketing and false advertising services.

(i) Sale of regulated products like marijuana, tobacco, and e-cigarettes.

(j) Activities involving counterfeit or unauthorized goods.

(k) Market manipulative practices like wash trading and insider trading.

(l) Violations of copyright, trademark, or proprietary rights.

(m) Ponzi schemes, pyramid schemes, and multi-level marketing programs.

(n) Trade in ivory, protected species, and illegal markets (including Darknet).

(o) Activities involving entities with bearer share ownership or shell banks.

(p) Services in the defence industry, including firearms and munitions manufacturing.

(q) Religious or spiritual organizations.

(r) Restricted financial services, such as credit repair and bail bonds.

(s) Activities involving nuclear energy.

(t) Any other high-risk or illegal activities as determined by BITOMATO.

7.4 In the event that we learn or reasonably suspect, in our sole discretion, that your account is or may be associated with any of the Prohibited Businesses as set forth above, we will consider it to be a violation of this Agreement and may suspend or terminate your account, including by cancelling any clawback transactions or freezing your funds immediately without notice, or taking any other action required by a law enforcement agency, regulator, or any other authority. We reserve the right to report any such suspected or actual Prohibited Businesses to a law enforcement agency, regulator, or any other authority.

ACCOUNT RESTRICTIONS

8.1 In addition to other similar provisions contained under this Agreement, you agree and acknowledge that we have the right, at any time and in our absolute sole discretion, to implement the following measures on your Account:

(a) Blocking and closing order requests;

(b) Freezing your account and any assets contained therein;

(c) Clawback and/or retrieve any profits obtained in violation of this Agreement or to compensate for any losses suffered as a consequence thereto;

d) Publishing the alleged violations and actions that have been taken;

(e) Deleting any information you published that are found to be violations.

If we suspect, in our absolute sole discretion, inter alia, any of the following:

(a) The Account is in violation of any of this Agreement;

(b) The Account is in violation of any applicable laws or regulations;

(d) The Account is in violation of a regulatory authority requirement, court order, or valid subpoena;

(e) The Account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;

(f) The Account has a balance that needs to be reconciled for any reason;

(g) If BITOMATO believes that an unauthorized person is attempting to gain access to your account;

(h) If BITOMATO believes that you are using your credentials or other account information in an unauthorized or inappropriate manner;

(i) If BITOMATO believes that your account is related to any Prohibited Businesses as set in this Agreement;

(j) If BITOMATO believes that there are suspicious and/or fraudulent activities on your account; or

(k) The Account has not been accessed in over one year.

8.2 You agree and acknowledge that we have the right to immediately investigate and implement necessary measures on your Account and any Account related thereto, if we suspect, in our sole discretion, that any such account has committed a violation of this Agreement, or the Applicable Laws or Regulations.

FEES

9.1 BITOMATO has the right to set Service charges according to this Agreement. BITOMATO also has the right to formulate and adjust the Service charges, and set specific service charges for you to use the Service(s) and terminate any promotional efforts at any time and from time to time, at BITOMATO's absolute sole discretion.

9.2 Unless otherwise stated or agreed upon, you agree that BITOMATO has the right to deduct the above-mentioned service charges directly from the assets of your account.

9.3 At BITOMATO's sole discretion, regional or country-specific pricing may vary based on the User's residence or location.

ABANDONED ACCOUNT

9.4 BITOMATO reserves the right to classify an Account as abandoned if:

The Account remains unused for twelve (12) months or more;

It holds balances exclusively in unsupported or delisted digital assets;

The User (owner/holder of the Account) fails to respond within one month to BITOMATO's requests concerning attacks, fraudulent activities, overspending (spending more funds than available in the Account) resulting in financial losses to BITOMATO or other users;

The User does not respond to BITOMATO's request for additional verification or fails to pass such verification, within one month.

A Storage Fee will be applied to each digital asset in an abandoned Account, amounting to 0.25% per day (calculated from the total value of each digital asset on the date the Account is deemed abandoned). BITOMATO will charge this Storage Fee as specified herein. Accounts with a zero balance may be deactivated.

STORAGE FEE

9.5 If a particular digital asset is delisted from BITOMATO's platform, and the User fails to withdraw the asset within the period specified in the delisting notification (including cases where the digital asset and/or its blockchain is no longer supported), BITOMATO reserves the right to charge a one-time Storage Fee equal to the full amount of the delisted digital asset in the User's Account.

LIABILITIES

10.1 BITOMATO is responsible for providing BITOMATO services to you according to the status quo and availability. BITOMATO, however, makes no express or implied warranty with respect to the Services, including but not limited to the applicability, absence of error or omission, sustainability, accuracy, reliability, or suitability for a particular purpose of the Services. At the same time, BITOMATO makes no commitment or guarantee to the validity, accuracy, correctness, reliability, quality, stability, integrity, and timeliness of the technology and information involved in the BITOMATO service.

10.2 Notwithstanding the afore, BITOMATO is responsible for reviewing the text of information released by the digital asset project owners, however it does not guarantee or assume any responsibility for the accuracy, completeness or legality of such information. The Users shall make decisions based on their independent judgment and shall engage their own advisors and/or conduct their own research. If Users conduct digital asset transactions based on such information, the risks arising therefrom shall be borne exclusively by the Users themselves, and the Users have no right to propose any legal claim to BITOMATO on the basis of such risks. Any dispute between a User and the digital asset project owner arising from or related to the transaction shall be settled by and between the parties to the dispute themselves, and the Platform shall not bear any transaction risk or legal liability whatsoever.

10.3 DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BITOMATO SERVICES, BITOMATO MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITOMATO ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND BITOMATO EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BITOMATO DOES NOT REPRESENT OR WARRANT THAT THE SITE, BITOMATO SERVICES OR BITOMATO MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BITOMATO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN this Agreement, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF BITOMATO SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BITOMATO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY BITOMATO AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS' ACTIONS, OMISSIONS OR VIOLATION OF this Agreement, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY BITOMATO; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY BITOMATO.

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

10.4 DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITOMATO AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF BITOMATO SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF BITOMATO SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITOMATO AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BITOMATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BITOMATO'S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF BITOMATO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF BITOMATO AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF BITOMATO SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE TRANSACTION FEES PAID BY YOU TO BITOMATO UNDER THIS AGREEMENT IN THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

10.5 You agree to indemnify and hold harmless BITOMATO, their affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, BITOMATO Services, (ii) your breach or our enforcement of this Agreement, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of BITOMATO Services. If you are obligated to indemnify BITOMATO, contractors, licensors, and their respective directors, officers, employees, or agents pursuant to this Agreement, BITOMATO will have the right, in its sole discretion, to control any action or proceeding and to determine whether BITOMATO wishes to settle, and if so, on what terms.

TERMINATION OF SERVICES

11.1 You agree that BITOMATO shall be entitled in its sole and absolute discretion, without prior notice, to suspend, terminate the provision of part or all of the BITOMATO services to you for any reason, as well as suspend or permanently freeze (cancel) your account in BITOMATO, and shall not be liable to you or any third party for so doing, however, BITOMATO has the right to retain the trade data, history and other information relating to the account, as well as the application and use of such information. In the event of the following circumstances, BITOMATO has the right to terminate this Agreement directly by canceling the account, and has the right to permanently freeze (cancel) your account's authority on BITOMATO:

(a) After BITOMATO terminates the services provided to you, and you are suspected of re-registering as a user of BITOMATO, directly or indirectly or in the name of others;

(b) The email address that you have provided does not exist or cannot receive emails, and there is no other way to contact you, or BITOMATO has notified you to change your email information via another contact method, and you still have not changed to a valid email address within three working days after the notice from BITOMATO;

(d) When the Agreement (including the rules) has changed, you should expressly inform BITOMATO that you are not willing to accept the new service agreement; and

(e) Other circumstances in which BITOMATO believes that the service should be terminated. Upon the termination of your account services or the permanent freezing (cancellation) of your account on BITOMATO, BITOMATO shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to.

11.2 You agree that BITOMATO shall have the right to immediately suspend your BITOMATO Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock assets or funds in all such accounts, and suspend your access to BITOMATO for any reason including if BITOMATO suspects any such accounts to be in violation of this Agreement, or any applicable laws and regulations. You agree that BITOMATO shall not be liable to you for any permanent or temporary modification of your BITOMATO Account, or suspension or termination of your access to all or any portion of BITOMATO Services. BITOMATO shall reserve the right to keep and use the transaction data or other information related to such BITOMATO Accounts. The above account controls may also be applied in the following cases:

(a) The BITOMATO Account is subject to a governmental proceeding, criminal investigation or other pending litigation;

(b) We detect unusual activities in the BITOMATO Account;

(d) We are required to do so by a court order or command by a regulatory/government authority.

11.3 In case of any of the following events, BITOMATO shall have the right to directly terminate this Agreement by cancelling your BITOMATO Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your BITOMATO Account on BITOMATO and withdraw the corresponding BITOMATO Account thereof:

11.4 In case of any of the following events, BITOMATO shall have the right to directly terminate this Agreement by cancelling your BITOMATO Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your BITOMATO Account on BITOMATO and withdraw the corresponding BITOMATO Account thereof:

(a) after BITOMATO terminates services to you;

(b) you allegedly register or register in any other person's name as a BITOMATO User again, directly or indirectly;

(d) when this Agreement are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your BITOMATO Account or by other means

(e) you request that BITOMATO Services be terminated; and

(f) any other circumstances where BITOMATO deems it should terminate BITOMATO Services.

11.5 If BITOMATO is informed that any assets or funds held in your BITOMATO Account are stolen or otherwise are not lawfully possessed by you, BITOMATO may, but has no obligation to, place an administrative hold on the affected funds and your BITOMATO Account. If BITOMATO does lay down an administrative hold on some or all of your funds or BITOMATO Account, BITOMATO may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to BITOMATO has been provided to BITOMATO in a form acceptable to BITOMATO. BITOMATO will not involve itself in any such dispute or the resolution of the dispute. You agree that BITOMATO will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

11.6 Except as set forth in this Agreement, once a BITOMATO Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to BITOMATO) will be payable immediately to BITOMATO. Upon payment of all outstanding charges to BITOMATO (if any), Users may, upon determination by BITOMATO as to the User's eligibility, withdraw all Digital Assets or funds from the account.

11.7 BITOMATO maintains full custody of the assets, funds and User data/information which may be turned over to governmental authorities in the event of BITOMATO Accounts' suspension/closure arising from fraud investigations, investigations of violation of law or violation of this Agreement.

11.8 Notwithstanding any provision of this Agreement, BITOMATO may provide a written notice requiring you to close all of your open positions and withdraw all of your assets from your BITOMATO Account within a limited period of time as determined by BITOMATO. In the event that you fail to do so, BITOMATO may, in its absolute discretion and without prior notice to you:

(a) deem your BITOMATO account as a dormant account;

(b) close any open positions in any BITOMATO products;

(d) close a dormant account at any time, and BITOMATO will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by BITOMATO.

11.9 In addition to the foregoing, you understand and agree that:

(a) If you have committed any illegal acts or violations of this Agreement during the period of using the provided Service, BITOMATO may still assert rights against you in accordance with this Agreement.

(b) When BITOMATO suspends or terminates the provision of services to you, BITOMATO will handle your trading data recorded before service suspension or termination under the following principles. You shall handle or bear any disputes, losses or expenses incurred by yourself, and shall ensure that BITOMATO is exempted from any losses or any expenses.

(c) Where you have entered into a purchase contract with other members before the suspension or termination of the Service but the contract has not been actually performed, BITOMATO shall have the right to delete relevant information of such a purchase contract and the trading of digital assets thereof.

(d) Upon the termination of your account services or the permanent freezing (cancellation) of your account on BITOMATO, BITOMATO shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to; and

(e) If you have entered into a purchase contract with any other member before the suspension or termination of services and such contract has been partially performed, BITOMATO may not delete the trade; provided that BITOMATO may notify the counterparty of relevant circumstances at the time of suspension or termination of services.

INTELLECTUAL PROPERTY

12.1 BITOMATO retains ownership of all intellectual properties present in its domain, encompassing but not limited to website logos, databases, the design of the website, text, graphics, software, photographs, videos, music, sounds, and any mixtures of these elements. Additionally, the intellectual property rights of the software compilation, associated source code, and software (including applets and scripts) are BITOMATO's property. Unauthorized copying, modification, transmission, or commercial use of any of these materials or contents is strictly prohibited.

12.2 By agreeing to this Agreement, you are deemed to have willingly transferred and assigned to BITOMATO, at no cost, all copyrights of any information you have published on BITOMATO. This includes but is not limited to, copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network communication rights, production rights, adaptation rights, translation rights, compilation rights, and other transferrable rights that copyright owners possess. BITOMATO retains the right to pursue legal action against any infringement of these copyrights and to seek full compensation for such infringements. This Agreement covers all content you publish on BITOMATO, protected by copyright law, whether created before or after the signing of this Agreement.

12.3 While using the services provided by BITOMATO, you are prohibited from illegally using or disposing of the intellectual property rights of BITOMATO or any third party. For any content you publish on BITOMATO, you are not allowed to publish or permit other websites (or media) to use such content in any form.

12.4 Logging into BITOMATO or utilizing BITOMATO's Service does not imply that any intellectual property rights have been transferred to you by BITOMATO.

NO ADVICE

13.1 BITOMATO functions neither as your broker, intermediary, agent, nor advisor and does not maintain a fiduciary relationship or obligation towards you concerning any trades or decisions you make while using BITOMATO Services. It's important to understand that any communication or information from BITOMATO should not be seen as offering investment, legal, tax, financial, or trading advice of any kind. Unless explicitly stated in this Agreement, all trades are executed automatically, adhering to the parameters set by your order instructions and in line with the established trade execution procedures. The responsibility of determining the suitability of any investment, investment strategy, or other transaction falls entirely on you, based on your individual investment goals, financial situation, and risk tolerance. You are solely responsible for any resulting losses or liabilities. We strongly advise consulting with financial, legal, and/or tax professionals tailored to your specific circumstances. BITOMATO does not advocate the purchase, earning, sale, or holding of any Digital Asset by you. Furthermore, BITOMATO makes no guarantees regarding the availability or suitability of its Services in any jurisdiction. You should undertake your own comprehensive due diligence and seek advice from your financial advisors before making any decision to buy, sell, or hold a Digital Asset. BITOMATO shall not be liable for any decisions you make based on the information provided by BITOMATO regarding the purchase, sale, or holding of Digital Assets.

GOVERNING LAW, DISPUTES

14.1 Notice of Claim and Dispute Resolution Period. Please contact BITOMATO before initiating any legal proceedings! BITOMATO wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with BITOMATO, then you should contact BITOMATO and a ticket number will be assigned. BITOMATO will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

14.2 In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against BITOMATO, then you agree to set forth the basis of such claim in writing in a "Notice of Claim" as a form of prior notice to BITOMATO. The Notice of Claim must:

(1) describe the nature and basis of the claim or dispute,

(2) set forth the specific relief sought,

(3) provide the original ticket number (if applicable), and

(4) include your BITOMATO account email.

14.3 The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with BITOMATO. After you have provided the Notice of Claim to BITOMATO, the dispute referenced in the Notice of Claim may be submitted by either BITOMATO or you to arbitration in accordance with this Agreement. For the avoidance of doubt, the submission of a dispute to BITOMATO for resolution internally and the delivery of a Notice of Claim to BITOMATO are prerequisites to the commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or BITOMATO shall not be disclosed to the arbitrator.

14.4 Agreement to Arbitrate. You and BITOMATO agree that, subject to this Agreement, any dispute, claim, or controversy between you and BITOMATO arising in connection with or relating in any way to this Agreement or to your relationship with BITOMATO as a user of BITOMATO Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be determined by mandatory final and binding individual (not class) arbitration. You and BITOMATO further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Agreement will survive termination of this Agreement.

14.5 Arbitration Rules. The Dispute shall be referred to and finally resolved by arbitration in Panama to the exclusion of the ordinary courts, in accordance with the Arbitration Rules of the International Chamber of Commerce for the time being in force which rules are deemed to be incorporated by reference in this Clause. The seat of arbitration shall be Panama. The arbitration tribunal shall consist of one arbitrator. The language of the arbitration shall be in English.

Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

14.6 JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. TIME FOR FILLING: ANY ARBITRATION AGAINST BITOMATO OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN THIS AGREEMENT, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

14.7 Governing Law. This Agreement shall be governed by the laws of the Republic of Panama, without reference to its conflict of laws provisions.

14.8 Class Action Waiver. You and BITOMATO agree that any claims relating to this Agreement or to your relationship with BITOMATO as a user of BITOMATO Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and BITOMATO further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including BITOMATO.

KNOW-YOUR-CUSTOMER AND ANTI-MONEY-LAUNDERING POLICY

IDENTITY INFORMATION

15.1 We are committed to adhering to Know-Your-Customer (KYC) and Anti-Money-Laundering (AML) laws and regulations, and we firmly uphold the principles of these policies. In our efforts to provide secure and safe services, we implement necessary measures and technology to the extent of our reasonable control. These efforts are aimed at safeguarding you from potential losses due to money laundering activities. The key components of our KYC and AML policies are as follows:

(a) Our KYC and AML policies are developed and regularly updated to align with the standards of applicable laws and regulations;

(b) We have established guidelines and rules related to the functioning of this Website, ensuring that our staff delivers services in strict accordance with these guidelines and rules;

(c) We have designed and implemented stringent procedures for internal monitoring and trade control. This includes thorough identity verification processes and the formation of a dedicated professional anti-money laundering team;

(d) Our approach includes conducting due diligence and ongoing supervision of customers, based on a risk-prevention perspective;

(e) We regularly review and inspect existing trades;

(f) Suspicious trades are reported to the competent authorities as required.

15.2 As a user, you are required to furnish BITOMATO with comprehensive and accurate identity information and supporting documents. This includes, but is not limited to, proof of identity, address, and contact details.

15.3 BITOMATO conducts due diligence to verify the information you provide. If we, at our sole discretion, find this information to be inaccurate or incomplete, we reserve the right to request additional supporting documents. Failing to provide these documents can lead to full or partial restrictions on your access to BITOMATO Services.

15.4 You are obligated to promptly update any changes in your identity information to ensure it remains current, accurate, and complete. It's your responsibility to provide up-to-date and valid identity information and supporting documents.

The specific information we collect may vary based on the laws and regulations of relevant jurisdictions and the nature of the entities involved.

15.6 If you are registering as an individual, the following information will typically be collected:

(a) Basic personal details such as your name, address (and permanent address if different), date of birth, nationality, and other relevant information. Identity verification will be based on official documents like passports, identity cards, or other identity documents as per the requirements of relevant jurisdictions.

(b) A valid photograph of you holding your identity document in front of your;

15.7 For companies or other legal entities, we collect additional information to identify the ultimate beneficiaries of your account or trust account:

(a) Documents like corporation enrollment and registration certificates, copies of the articles of association, and memorandum of the company;

(b) Detailed ownership structure and description, along with a resolution from the board of directors appointing an authorized agent responsible for the company's account operations on the website;

(c) Identity documents of the company's directors, major shareholders, and the authorized signatory for the company's account, as stipulated by relevant regulations;

(d) The company's main business address, and if different, the mailing address;

(e) Additional certification documents, documents from competent authorities, and any other documents we deem necessary according to the laws and regulations of the relevant jurisdictions and the specific nature of your entity.

15.8 We only accept identity-related supporting documents in English. If your documents are not in English, they must be translated into English and duly notarized. This includes:

(a) Providing both the front and back sides of your identity documents;

(b) A photograph of you holding your identity documents in front of your chest;

(c) Comparing copies of certification documents against the originals, or if verified by a trusted and suitable certified person (like ambassadors, members of the judiciary, magistrates, etc.) as accurate and comprehensive duplicates, these copies will be considered acceptable;

(d) Identification of the ultimate beneficiary and controller of the account is based on determining the individuals who ultimately own or control the direct customer and/or confirming that the ongoing trade is conducted on behalf of others. For business enterprises, the identities of major shareholders (e.g., those holding 10% or more of the voting equity) will be verified.

AML POLICIES

15.9 BITOMATO implements robust measures to oversee and regulate trading activities on its platform, aiming to identify and mitigate any suspicious trading activities. BITOMATO reserves the right, at its sole discretion, to take necessary actions in response to such activities, including:

(a) Reporting any suspicious trading activities to regulatory authorities in compliance with applicable laws and regulations;

(b) Regularly adjusting and setting daily trading and cash withdrawal limits based on security requirements and the prevailing trade situation;

(c) Temporarily restricting trading activities or freezing accounts as needed for further investigations to protect both the User's and BITOMATO's Assets, and to comply with any ongoing judicial or regulatory investigations or requests;

(d) Continuously monitoring user activities and trading behaviors to identify any unusual frequency or size of trades that might be deemed unreasonable for a user, thus evaluating the possibility of such trades being suspicious.

15.10 Upon identifying a trade as suspicious based on our assessment, BITOMATO may employ restrictive measures such as suspending or denying the trade. If feasible, we may attempt to reverse the trade as promptly as possible and report the matter to competent authorities, without necessarily informing you.

SANCTIONS

15.11 BITOMATO reserves the right to refuse registration applications from individuals or entities that do not adhere to international standards against money laundering or who are considered political and public figures. We also reserve the right to suspend or terminate trades that we identify as suspicious based on our assessment. This action does not contravene any of our obligations and duties to you. For information on regions where BITOMATO does not offer registration or Services, please refer to the 'Prohibited Countries' section mentioned earlier.

BITOMATO RISK DISCLOSURE

IMPORTANT RISK DISCLOSURE

16.1 To ensure the protection of your interests, BITOMATO reminds you that trading or investing in the cryptocurrency market carries extreme risks. Participation in these activities comes with the potential for complete or substantial loss of assets. It is crucial for you to comprehend and assess the risks associated with cryptocurrency trading and to carefully consider your risk tolerance before engaging in any trading or investment activities.

This Statement aims to inform you about the risks inherent to BITOMATO Services. Each BITOMATO Service carries unique risks. This Statement offers a general, but not exhaustive, overview of such risks.

This Statement does not cover all risks nor how they may pertain to your individual circumstances. It is vital to fully understand these risks before deciding to utilize BITOMATO Services.

DISCLAIMER ON ADVISORY SERVICES

16.2 BITOMATO does not offer advice regarding our Products or Services. While we may provide factual information, details about transaction procedures, and potential risk insights, the decision to use our Products or Services is solely yours. No information or communication from us should be construed as investment, financial, trading, or any other form of advice. You are responsible for determining the appropriateness of any investment or strategy in accordance with your personal investment goals, financial circumstances, and risk tolerance.

NON-MONITORING POLICY

16.3 BITOMATO does not act as your broker, intermediary, agent, or advisor and holds no fiduciary duty in relation to your decisions or activities using BITOMATO Services. We do not monitor the alignment of your use of BITOMATO Services with your financial objectives. It is your responsibility to ensure that your financial resources and risk appetite are compatible with the Products and Services you choose to engage with.

TAX, REGULATORY, AND LEGAL RESPONSIBILITIES

16.4 The tax implications of Digital Assets are complex and subject to change across different locations. You are responsible for understanding and meeting tax liabilities incurred through BITOMATO Services transactions. BITOMATO does not provide legal or tax advice related to these transactions. If you have uncertainties regarding your tax status or obligations while using BITOMATO Services or concerning Digital Assets in your BITOMATO Account, seeking independent advice is encouraged.

MARKET AND RELATED RISKS

16.5 Digital Asset trading is highly susceptible to market risk and price volatility. Changes in value can be significant, rapid, and unpredictable. Past performance does not predict future results. Investments may lose value, and there is a substantial risk of losing all assets.

LIQUIDITY CONCERNS

16.6 Digital Assets may experience limited liquidity, potentially hindering your ability to sell or exit positions when desired. This risk can arise at any time, especially during rapid price movements.

SERVICE AVAILABILITY RISKS

16.7 BITOMATO does not guarantee uninterrupted service availability. Unplanned outages or network congestion might impact your ability to trade, store, transfer, send, or receive Digital Assets as planned.

Delisting of Digital Assets under certain circumstances, such as a project party's bankruptcy, legal violations, or at the project party's request, can result in user losses.

LEGAL AND JURISDICTIONAL LIMITATIONS

16.8 Legal restrictions in various countries may limit the Products and Services BITOMATO can lawfully provide. Some BITOMATO services or functionalities might not be available or restricted in certain jurisdictions or to specific Users. Users are responsible for understanding and complying with any applicable restrictions or requirements. BITOMATO reserves the right to modify access and service conditions at its discretion.

THIRD-PARTY INVOLVEMENT

16.9 Third-party services like payment providers, custodians, and banking partners play roles in BITOMATO Services. You may be subject to their terms & conditions, and BITOMATO is not liable for any losses caused by these third parties.

SECURITY RESPONSIBILITIES

16.10 Complete elimination of security risks is not feasible for BITOMATO. You are responsible for securing your BITOMATO Account password and may bear responsibility for all transactions under your account, authorized or otherwise. Transactions in Digital Assets are typically irreversible, and losses due to fraudulent or unauthorized activities may be irrecuperable.

INHERENT RISKS IN DIGITAL ASSETS

16.11 Digital Assets and their underlying technologies pose various intrinsic risks, including but not limited to:

a) Faults, defects, hacks, protocol failures, and unexpected circumstances in Digital Assets or their foundational technologies and economic systems;

b) Irreversible transactions, leading to potential losses from fraud or errors;

c) Technological advancements rendering Digital Assets obsolete;

d) Various attacks on Digital Asset protocols or technologies, including distributed denial of service, sybil attacks, phishing, social engineering, hacking, malware, double spending, mining attacks, misinformation, forks, and spoofing.

MONITORING OBLIGATIONS

16.12 Digital Asset markets operate 24/7. Rapid price fluctuations can happen anytime, requiring constant vigilance.

MISCELLANEOUS

17.1 Independent Parties. BITOMATO acts as an independent contractor, not as an agent, in the execution of this Agreement. This Agreement should not be construed as evidence of an association, joint venture, partnership, or franchise between the parties.

17.2 Entire Agreement. This Agreement constitutes the complete agreement between the parties regarding the use of BITOMATO Services and supersedes all prior agreements, whether written or oral. No trade usage or other regular practice or method of dealing between the parties will alter, interpret, supplement, or modify the terms of this Agreement.

17.3 Interpretation and Revision. BITOMATO holds the right to modify, revise, or change this Agreement at any time. Changes will be effective immediately upon publication on BITOMATO's websites. It's your responsibility to regularly review our website to stay updated on the latest version of this Agreement. If you disagree with any modifications, your sole recourse is to stop using BITOMATO Services and cancel your account. Unless explicitly stated otherwise, BITOMATO will not be accountable for any modification or termination of its Services by you or any third party, or for the suspension or termination of your access to BITOMATO Services.

17.4 Language & Translations: This Agreement might be translated into languages other than English at BITOMATO's discretion. The English version prevails in case of any ambiguity, discrepancy, or omission between the English text and any translated version.

17.5 Force Majeure. BITOMATO will not be held responsible for any delay or failure to fulfill its obligations under this Agreement due to circumstances beyond its reasonable control.

17.6 Severability. Should any part of this Agreement be deemed invalid or unenforceable, such a ruling will not affect the remaining provisions, which will continue to be in full force and effect. The invalid or unenforceable part will be enforced to the maximum extent possible.

17.7 Assignment. You may not assign or transfer your right to use BITOMATO Services or any of your rights or obligations under this Agreement without BITOMATO's prior written consent. BITOMATO may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without your consent or approval.

17.8 Waiver. The failure of either party to require the performance of any provision of this Agreement does not affect the right to require such performance at any future time. Likewise, a party's failure to seek redress for the other party's breach of this Agreement or any provision thereof does not constitute a waiver of subsequent breaches.

17.9 Third-Party Website Disclaimer. Links to third-party websites in BITOMATO Services do not imply endorsement of their content by BITOMATO, nor does BITOMATO vouch for the accuracy of information contained on these websites. BITOMATO is not liable for any losses incurred from the use of third-party products and services. Since BITOMATO does not control third-party websites' terms of use or privacy policies, you are advised to read and understand those policies thoroughly.