Mobile Wealth Trading Platform
Terms of Service
Effective Date: April 12, 2023
Scope:
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by Mobile Wealth , (Reg-No:1067945-3), domiciled at in Federal Corporation, Canada, (“Mobile Wealth ”; “Mobile Wealth ” or “Mobile Wealth Int.”) under the name “Mobile Wealth ” and using the website Mobile Wealth .trade (which is accessible by going to any number of websites including https://www.Mobile Wealth .trade) (the “Site” or “Mobile Wealth Trading Platform”; “Mobile Wealth Platform”) or our mobile applications or any application programming interface (API) provided by Mobile Wealth relating to the Site, and to any other related services provided by Mobile Wealth relating to the Site (collectively, the “Services”). By clicking on an “I Agree” button or check box presented with these Terms or by accessing or using any Services, you (“you” or the “User”) agree to be bound by these Terms.
Preamble:
Mobile Wealth will provide Services with respect to certain cryptocurrency, cryptographic Virtual Assets and other digital rights or assets which neither represent financial instruments nor e-money (“Virtual Assets”) made available for trading on the Site. RISK DISCLOSURE: BY ACCESSING OR USING ANY Mobile Wealth SERVICES YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY ASSET TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THESE SERVICES AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH THE BLOCKCHAIN TECHNOLOGY), AND HACKING. Mobile Wealth WORKS HARD TO PROVIDE STATE-OF-THE-ART SYSTEMS AND SECURITY. NONETHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE, AND IF SUCH ISSUES OR PROBLEMS ARISE IN CONNECTION WITH YOUR USE OF Mobile Wealth ’S SERVICES, INCLUDING TECHNICAL DIFFICULTIES WITH DEPOSITING OR TRADING CRYPTOCURRENCIES, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME ISSUES MAY NOT BE RESOLVED AT ALL. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT Mobile Wealth IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO ENGAGE IN CRYPTOCURRENCY TRANSACTIONS ON THE Mobile Wealth PLATFORM.
1. ACCEPTANCE MODIFICATION OF TERMS
By clicking on the “I agree” button presented with these Terms, you confirm that you have received the Terms and acknowledge their content. In particular, by using the Mobile Wealth Trading Platform and associated Services, you also signify your consent to our Privacy Policy (cp. Section 5.), as well as any other terms and provisions referred to herein. If you do not accept these Terms, you may not use the Mobile Wealth Platform and the Services. Mobile Wealth may modify these Terms by providing notice of such changes along with the updated Terms, such as by sending you an email or providing notice through the Services. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you signify your consent and confirm your agreement to the modified Terms. Any amended Terms will become effective immediately after such acceptance by you. If you do not agree to any modification to these Terms, you must stop using the Services. Mobile Wealth encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact our Support Team by filing a support request at support@Mobile Wealth .trade
2. ELIGIBILITY
2.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are not located in, or a citizen or resident of the United States, (b) are of legal age to form a binding contract; (c) have not previously been suspended or removed from using our Services; (d) are not a legal or natural person with US citizenship, domicile or tax liability in the USA or according to the sanction lists of OFAC, the United Nations, the European Union, the United Kingdom, Austria, Switzerland, Estonia, Republic of Estonia or other sanction lists and also no Politically Exposed Person (PEP). Sanction lists include both lists of sanctioned states (country lists) and lists of sanctioned persons (name lists); (e) are not placed on the U.S. Commerce Department’s Denied Persons List; and (f) have full power and authority to agree to these Terms.
2.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States, or if you are on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, or if you are restricted or prohibited from engaging in any type of trading by the European Union, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, Office of Foreign Asset Control or any other administrative law enforcement agencies. You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction, and that you are not on any trade or economic sanctions list. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Mobile Wealth has determined, at its discretion, to prohibit use of the Services. Mobile Wealth may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section
2.2. You will comply with this Section 2.2, even if Mobile Wealth ’s methods to prevent use of the Services are not effective or can be bypassed.
2.3. Enterprise User
Unless Mobile Wealth has provided prior, written approval to use your account for trading on behalf of a corporation or other legal entity (an “Enterprise User”), you will use the Services and your Mobile Wealth Account (as defined below) only for your own account and not on behalf of, or for the account of, any third party. If Mobile Wealth has approved your account for trading on behalf of an Enterprise User, you will use the Services and your Mobile Wealth Account solely for the account of the specified Enterprise User. If you use any Services on behalf of any Enterprise User, you agree to these Terms on behalf of yourself and any such Enterprise User, and you represent and warrant that you have the authority to bind the Enterprise User to these Terms and that both you personally and the Enterprise User will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the Enterprise User or by you. Without limiting the foregoing, you agree neither you nor the Enterprise User will use or offer the Services or any derivatives thereof, including any Virtual Assets made available for trading by Mobile Wealth , to any person located in, or that is a citizen or resident of, the United States.
3. ACCOUNT
3.1. Mobile Wealth Account
In order to use any Services, you must create and maintain an account through the Services (“Mobile Wealth Account”; “User Account”). To create or maintain your Mobile Wealth Account, or enable functions on your Mobile Wealth Account, you will be required to provide Mobile Wealth with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 3.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your Mobile Wealth Account by protecting your password from unauthorized access or use; (e) promptly notify Mobile Wealth if you discover or suspect any unauthorized access or use of your Mobile Wealth Account or any security breaches related to your Mobile Wealth Account; and (f) be responsible for all activities that occur under your Mobile Wealth Account, and accept all risks of any authorized or unauthorized access to your Mobile Wealth Account.
3.2. Enhanced Security
Mobile Wealth may offer optional enhanced security features for your Mobile Wealth Account (including, for example, two-factor authentication). Mobile Wealth encourages, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
3.3. Identity Verification
Depending on the functions that you seek to enable on your account and Mobile Wealth ’s risk determination, Mobile Wealth may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your Mobile Wealth Account. These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of Commerce Denied Persons list, and any similar list issued by any U.S. governmental authority or any other governmental authority as well as Non-Governmental and International Organizations prohibiting or limiting business activities or transactions with any persons. You may be required to provide Mobile Wealth with certain personal information, including, but not limited to, your full name, address and state of residence, nationality, telephone number, email address, date of birth, taxpayer identification number, government identification number, government-issued ID or other proof of your identity, and information regarding your bank account. For Enterprise Users additional information may be required like: Company name, legal form, domicile address, country of domicile, date of incorporation, place and date of entry in the commercial register, if any, as well as the names of the bodies or trustees formally acting on behalf of the legal entity as well as the information identifying the ultimate beneficial owners of this legal entity. You hereby acknowledge that Mobile Wealth , directly or through a third party, may make inquiries Mobile Wealth considers necessary to verify your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) query account information associated with your linked bank account (e.g., name or account balance); and (c) take action Mobile Wealth reasonably deems necessary based on the results of such inquiries and reports. Mobile Wealth will have no liability or responsibility for any permanent or temporary inability to access or use any Services, including your inability to withdraw Virtual Assets or execute Trades, as a result of any identity verification or other screening procedures, as long as Mobile Wealth complies with its legal or contractual obligations regarding identity verification or other screening procedures.
3.4. Responsibility for Account Activities
You will be bound by, and hereby authorize Mobile Wealth to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Mobile Wealth Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, Mobile Wealth will take reasonable steps to protect your account, including, for example, to cease to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password.
3.5. Number of Mobile Wealth Accounts / Beneficial Ownership Mobile Wealth may, in its sole discretion, limit the number of Mobile Wealth Accounts that you may hold, maintain, or acquire, consistent with its AML/KYC policy. In addition to that you are not allowed to hold individual accounts for third parties. Any individual account holder must be the beneficial owner of the transferred funds.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS; RELEASE OF Mobile Wealth Trading Virtual Assets, and use of other Services provided by Mobile Wealth , involves significant risks and
potential for financial losses, including without limitation the following:
• The features, functions, characteristics, operation, use and other properties of any Virtual Asset
(“Virtual Asset Properties”) and the software, networks, protocols, systems, and other technology
(including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create,
issue, transfer, cancel, use or transact in any Virtual Asset may be complex, technical or difficult to
understand or evaluate.
• Any Virtual Asset and its Underlying Technology may be vulnerable to attacks on the security,
integrity or operation of the Virtual Asset or its Underlying Technology (“Attacks”), including Attacks
using computing power sufficient to overwhelm the normal operation of a blockchain or other
Underlying Technology.
• Any Virtual Asset, Virtual Asset Properties or Underlying Technology may change or otherwise
cease to operate as expected due to a change made to the Underlying Technology, a change made
using features or functions built into the Underlying Technology or a change resulting from an
Attack. These changes may include, without limitation, a “fork” or “rollback” of a Virtual Asset or
blockchain.
• Any Virtual Asset may potentially be cancelled, lost or double spent, or otherwise lose all or most
of their value, due to forks, rollbacks, Attacks, changes to Virtual Asset Properties or failure of the
Virtual Asset to operate as intended.
• Mobile Wealth may suspend or cease to support the transfer, storage or trading of any Virtual Asset
at any time at Mobile Wealth ’s Other exchanges and service providers may do the same.
• Mobile Wealth may not support so-called metacoins, colored coins or other Virtual Assets, or their
related side chains or other Underlying Technology that are based on a fork, enhancement, or
derivative of a different Virtual Asset or Underlying Technology (“Derivative Protocols”) even if the
Derivative Protocol is based on a Virtual Asset that is supported by Mobile Wealth . Other exchanges
or service providers may do the same.
• Mobile Wealth may suspend or reject your transaction requests, suspend or cease support for Virtual
Assets, or suspend or terminate your access to the Services to comply with applicable laws or
regulations or an order from law enforcement or other governmental authority, for other reasons
as specified in these Terms or otherwise at Mobile Wealth ’s
• You may be unable to withdraw Virtual Assets prior to Mobile Wealth ceasing to support transfer of
any such Virtual Assets, resulting in the loss of any such Virtual Assets remaining in your Mobile Wealth
TRADE
• Since Virtual Assets or crypto currencies to be traded on Mobile Wealth are not regulated by financial
market regulators, they are subject to extremely high volatility. Their value is determined solely by
supply and demand on the market and can fluctuate accordingly. Any Virtual Asset may, therefore,
loose all of its value.
• Any Virtual Asset may decrease in value or lose all of its value due to various factors including
discovery of wrongful conduct, market manipulation, changes to Virtual Asset Properties or
perceived value of Virtual Asset Properties, Attacks, suspension or cessation of support for a Virtual
Asset by Mobile Wealth or other exchanges or service providers, and other factors outside the control
of Mobile Wealth .
• Any Virtual Asset may decrease in value or lose all of its value due to legislative or regulatory
activity, or other government action. Government regulation of Virtual Assets is unsettled and
rapidly evolving.
• Any Virtual Asset may be lost if sent to the wrong address (for example, but without limitation, if
the address is improperly formatted, contains errors, or is intended to be used for a different type
of Virtual Asset). For more detail about sending Virtual Assets to an address intended for a different
type of Virtual Asset, please see the FAQ posted here.
• Any Virtual Asset may be lost if sent to a correct address, but the recipient does not act as intended
(e.g. a scam platform). You acknowledge that Mobile Wealth has no possibility to charge back the Virtual
Asset and any transfer of Virtual Asset to whichever recipient is your sole responsibility.
• You may be prevented from sending a transaction request, or your transaction request or email
may not be received by Mobile Wealth or the Services, due to hardware, software or services issues
(including, without limitation, Internet and other network connectivity issues).
• Your transaction request or email to Mobile Wealth or the Services may be lost, intercepted or
altered during transmission.
• Unauthorized third parties may access or use your Mobile Wealth Account and effect transactions
without your knowledge or authorization, whether by obtaining the password to your Mobile Wealth
Account, obtaining control over another device or account used by you in connection with any
enhanced security measures enabled for your account, or by other methods.
• In case of an irregular custody of Virtual Assets, you do not have a claim in rem to the Virtual
Asset. You transfer your right of disposal of this Virtual Assets to Mobile Wealth . Such Virtual Assets
are in the inventory of Mobile Wealth then, and Mobile Wealth can freely dispose of them. You only
have a contractual right to receive the same number of Virtual Assets of the same quality and
grade. Therefore, there is a risk in case of bankruptcy of Mobile Wealth you do not have a claim for
separation or segregation of your Virtual Asset, but only a contractual claim, which you must
register in a bankruptcy proceeding and will probably receive only a fraction of the value of your
Virtual Asset.
The risks described in this Section 4 may result in loss of Virtual Assets, decrease in or loss of all value for
Virtual Assets, inability to access or transfer Virtual Assets, inability to trade Virtual Assets, inability to
receive financial benefits available to other Virtual Asset holders, and other financial losses to you. You
hereby acknowledge that these risks fall outside the sphere which may be influenced by actions of Mobile Wealth
TRADE. Therefore, Mobile Wealth will have no responsibility or liability for, any such risks.
You represent and warrant that you have: (a) the necessary technical expertise and ability to review and
evaluate the security, integrity and operation of any Virtual Assets that you decide to acquire or trade; and
(b) the knowledge, experience, understanding, professional advice and information to make your own
evaluation of the merits and risks of any Virtual Asset or trade. You accept the risk of trading Virtual Assets
by using the Services, and are responsible for conducting your own independent analysis of the risks specific
to the Virtual Assets and the Services. You should not acquire or trade any Virtual Assets unless you have
sufficient financial resources and can afford to lose all value of the Virtual Assets.
Mobile Wealth ’s decision to support the transfer, storage or trading of any particular Virtual Asset through
the Services does not indicate Mobile Wealth ’s approval or disapproval of the Virtual Asset or the integrity,
security or operation of the Virtual Asset or its Underlying Technology. The risks associated with Virtual
Assets and trading Virtual Assets apply notwithstanding Mobile Wealth ’s decision to support a particular
Virtual Asset. Mobile Wealth does not provide trading advice, does not have any fiduciary duty to you or any
other user and does not make any warranty about the suitability of any Virtual Asset for trading or
ownership by you.
5. PRIVACY POLICY
Please refer to the downloadable and printable privacy policies accessible under <Privacy Policy Link> of
Mobile Wealth for information about how Mobile Wealth collects, uses, and shares your information.
6. ACCOUNT FUNDING; TRANSFERS
6.1. Initial Account Funding
In order to engage in a Trade (as defined below) you must first (after the completion of the onboarding
process according to Section 3 above) fund your own exchange Account either by transferring USDT/USDC
or BTC that are supported by the Services to your Mobile Wealth Account or by funding your account with
Fiat by purchasing USDT. The broker account where we trade needs to be funded by you. This will be your
own account and Mobile Wealth will have no control over your accounts.
The Services associated with your Mobile Wealth Account include a wallet service provided by Mobile Wealth (“Hosted
Wallet”). The Hosted Wallet will permit you to generate one or more addresses to which Virtual Assets may
be transferred from an account, wallet or address not hosted or controlled by Mobile Wealth (“External Account”).
Mobile Wealth may require that you verify your control over an External Account or satisfy other verification
or screening requirements prior to enabling transfers between the applicable External Account and your
Hosted Wallet (any such External Account, an “Approved External Account”).
6.2. Virtual Asset Deposits
You may periodically at your discretion transfer from an Approved External Account to your Hosted Wallet
any Virtual Assets that are supported for transfer and storage using the Services. If you transfer to your
Hosted Wallet any Virtual Assets that are not supported by the Services, such Virtual Assets may be
permanently lost. You will not be entitled to receive any interest or other fees on any Virtual Assets held in
your Hosted Wallet (neither in case of irregular nor regular custody), even if Mobile Wealth receives interest
or other fees from any third parties.
6.3. Virtual Asset Withdrawals
You are required to retain in your Hosted Wallet enough necessary to satisfy any open orders (and
applicable Mobile Wealth fees). In addition, there may be limits on the amounts that you are able to withdraw
on a daily or other periodic basis. Otherwise, you may periodically at your discretion withdraw Virtual Assets
by transferring Virtual Assets from your Hosted Wallet to an address not hosted or controlled by Mobile Wealth
TRADE (“External Address”). Mobile Wealth may in its own discretion require you to verify any External
Address to which you seek to transfer Virtual Assets. You hereby authorize Mobile Wealth to use your Hosted
Wallet to send to any External Address specified by you using the Services, the number of Virtual Assets
specified by you using the Services. Mobile Wealth is not able to reverse any transfers and will not have any
responsibility or liability if you have instructed Mobile Wealth to send Virtual Assets to an address that is
incorrect, improperly formatted, erroneous, intended for a different type of Virtual Asset or the recipient of
the Virtual Asset (owner of that address) does not act as intended (e.g., a scam platform).
6.4. Other Terms Applicable to Transfers
You will be responsible for: (a) paying all fees charged by any third party service provider associated with
any External Account or External Address as well as for paying any fees charged by Mobile Wealth for any
transfers; (b) ensuring that any inbound and outbound transfers are handled in compliance with Mobile Wealth
TRADE requirements, third party service provider requirements or Virtual Asset requirements; (c) ensuring
that the address to which any Virtual Assets are to be transferred is properly formatted and suitable for the
type of Virtual Asset being transferred; and (d) ensuring that there are no errors in any of the transfer
instructions you provide using the Services. In the event you fail to comply with any requirements of this
Section 6.4, the transferred Virtual Assets may be permanently lost. The timing for completing any transfer
will depend on third party actions that are outside the control of Mobile Wealth and Mobile Wealth makes no guarantee regarding the amount of time it may take to complete any transfer. Mobile Wealth may impose
limits on the amount of any inbound or outbound transfers, or suspend or terminate the ability to transfer
Virtual Assets into or out of your Hosted Wallet in order to comply with applicable laws or regulations, an
order from law enforcement or other governmental authority, or otherwise at Mobile Wealth ’s discretion for
security or other appropriate reasons.
7. EXCHANGE ORDERS AND TRADES
7.1. Orders; Fees
A “Trade” is an exchange of Virtual Assets for which trading is supported on the Services. Depending on
the option of the Hosted Wallet (irregular or regular custody) Trades are executed either against the
account of Mobile Wealth as a counterparty or against another User of the Services of Mobile Wealth (see
Section 7.4 below).
An “Order” is created when you enter an instruction to affect a Trade using the Services. When you enter
an Order, you authorize Mobile Wealth to execute a Trade on a spot basis for all or a portion of the number
of Virtual Assets specified in your Order in accordance with such Order. You agree to pay Mobile Wealth any
applicable fees for Trades and authorize Mobile Wealth to deduct any such fees from your Hosted Wallet.
7.2. No Broker or Fiduciary Relationship
Mobile Wealth is not your broker, intermediary, agent, or advisor and has in case of regular custody no
fiduciary relationship or obligation to you in connection with any Trades or other decisions or activities
effected by you using the Services. No communication or information provided to you by Mobile Wealth is
intended as, or shall be considered or construed as, advice. Please refer to Section 4 for a summary of
some of the risks you should consider when choosing whether to use our Services.
7.3. Order Confirmation
Before an Order is placed, the Services will generate and display a confirmation dialogue box summarizing
the details of the proposed transaction, including type and amount of Virtual Assets you are seeking to
dispose of, the type and amount of Virtual Assets that you are willing to accept in exchange for other Virtual
Assets or Virtual Assets you are seeking to dispose of, Mobile Wealth ’s estimated fees if the entire Order
were to be executed, and the total number and type of Virtual Assets that will be transferred out of your
Hosted Wallet if the entire Order were to be executed. Your Order will be placed upon confirmation of the
Order summary via the Services. Notwithstanding the foregoing, you agree that the failure of the Services
to provide such Order summary or confirmation shall not prejudice or invalidate any Order submitted by
you or any Trade completed based on such Order.
7.4. Order Matching and Trade Execution
Upon placement of an Order, your Mobile Wealth Account will be updated to reflect the open Order and your
Order will be included in Mobile Wealth ’s order book for matching with corresponding Orders. If all or a
portion of your Order is matched with another Order, the Services will execute a Trade. Upon execution of
a Trade, your Mobile Wealth Account will be updated to reflect that the Order has either been closed due to
having been fully executed or updated to reflect any partial fulfillment of the Order. Orders will remain
open until fully executed or cancelled in accordance with Section 7.5 below.
Trades are executed either against the account of Mobile Wealth as a counterparty (by a Novation of the
Claim) or against another User of the Services of Mobile Wealth (by Matched Trading). There are essentially
two ways, how a trade is finalized and settled:
a) Novation of the Claim
In case of irregular custody, you have a contractual claim for the Virtual Asset you have transferred to
Mobile Wealth or exchanged on the Platform (e.g., 1 BTC). In order to affect a trade, the follow steps will be
facilitated: (i) you place an order according to Section 7.1. above; (ii) Mobile Wealth checks if your Order fits to a
corresponding Order of another User (who uses the irregular custody service) at its own discretion in
respect of Mobile Wealth ’ liquidity management; and (iii) you agree with Mobile Wealth to change your claim for your current
Virtual Asset (which you want to trade) to another Virtual Asset (e.g. in case you want to exchange 1 BTC
for 30 ETH, you will have after the trade a claim for 30 ETH instead of a claim for 1 BTC). Legally a novation
happens and you have new claim against Mobile Wealth . Mobile Wealth is, therefore, always the only contracting party for
you the settlement reflecting the new claim will be displayed in your Mobile Wealth Account.
b) Matched Trading:
In case of regular custody, Mobile Wealth keeps the Virtual Asset for you. In the Matched Trading Mobile Wealth does not
act as you counterparty, but conducts matching of interests of User’s buy and sell orders with regard to
Virtual Assets. In order to affect a trade, the follow steps will be facilitated: (i) you place an order according
to Section 7.1. above; (ii) Mobile Wealth matches your Order with a corresponding Order of another user (who uses
the regular custody service) at its own discretion; and (iii) the Virtual Asset are exchanged on-chain
between you and the other User. Therefore, after the Trade you are the owner of the traded Virtual Asset,
which will be kept in your Hosted Wallet. The settlement is reflected in your Mobile Wealth Account.
7.5. Cancellations
You may only cancel an Order initiated via the Services if such cancellation occurs before your Order has
been matched with an Order from another user. Once your Order has been matched with an Order from
another user, you may not change, withdraw, or cancel your authorization for Mobile Wealth to complete
such Order. If any order has been partially matched, you may cancel the unmatched portion of the Order
unless and until the unmatched portion has been matched. Mobile Wealth reserves the right to refuse any
cancellation request associated with a market Order after you have submitted such Order.
7.6. Insufficient Virtual Assets
If you have an insufficient amount of Virtual Assets in your Hosted Wallet to fulfill an Order, Mobile Wealth
may cancel the entire Order or may fulfill a partial Order that can be covered by the Virtual Assets in your
Hosted Wallet (after deducting any fees payable to Mobile Wealth in connection with the Trade).
8. MARGIN TRADING
8.1. Margin Trading
When you buy Virtual Assets on leverage, pursuant to the Margin Trading system on the Mobile Wealth
Trading Platform as described hereinafter, you are borrowing Virtual Assets from Mobile Wealth for placing
and settling new purchase or sell orders on leverage with regard to Virtual Assets. As a pre-condition for
borrowing Virtual Asset from Mobile Wealth you have to provide a collateral for Mobile Wealth as a security.
In case of regular custody, you must transfer your right of disposal of Virtual Assets by transferring them
from your Hosted Wallet to a margin account (“Margin Account”) to secure your loan in Virtual Assets (in
German “Sicherungsübereignung”)
In case of irregular custody, your Virtual Asset will be transferred into your Margin Account and you agree
with Mobile Wealth that you may not exercise your claim for your Virtual Asset as long as they are a collateral
in your Margin Account.
Leveraged transactions through the Margin Trading system are riskier and involve the possibility of greater
loss than transactions where you are not borrowing Virtual Assets for placing orders. If the value of your
Virtual Assets falls, you may be required to deposit more collateral (a “Margin Call”) to secure your loan or
your Virtual Assets, and other Virtual Assets or assets may be sold to pay down or pay off your loan without
prior notice and at a loss or at lower prices than under other circumstances. If you sell Virtual Assets short
(placing a sell order for Virtual Assets with a leverage) and the value of the Virtual Assets rises, you may
receive a Margin Call and we may sell Virtual Assets already in your Margin Account to satisfy your coverage
ratio obligation, without prior notice and at a loss or at lower prices than under other circumstances.
Leveraged transactions are not suitable for everyone, and you agree to evaluate your own financial
situation, resources, investment objectives, and other relevant circumstances to determine whether
leveraged transactions are appropriate for you.
The Margin Trading system consists of two separate agreements, a loan agreement and a security
agreement.
These margin trading terms of service constitute a general framework of conditions governing the Margin
Trading system on the Mobile Wealth Trading Platform. You may receive an individually tailored product
under the Margin Trading system with individual conditions, which you separately have to accept.
These special product conditions with regard to the Margin Trading system take precedence and prevail
over the general conditions stipulated herein in case of contradicting terms.
a) Loan Agreement
In a first step, Mobile Wealth acts as a creditor of Virtual Assets and credits Virtual Assets to you as a
borrower and consequently debtor of Virtual Assets according to a loan agreement pursuant to § 983 ABGB.
The term of this loan agreement is as will be defined before entering into a loan agreement via the Site.
The maturity of the loan under this loan agreement is as will be defined before entering into a loan
agreement via Site.
The obligation of Mobile Wealth to perform under this loan agreement is fulfilled once the Virtual Assets are
credited to your Margin Account through transfer of Virtual Assets.
It is your obligation under this loan agreement to repay the credited Virtual Assets by Mobile Wealth in full
with interest upon maturity of the loan. The loan interest will be based on the prevailing market rate as
disclosed on the Site before entering into a loan agreement. Interest is calculated as daily simple interest,
rounded up to the day. All loans have to be repaid in the Virtual Assets which were lent. Loans have to be
repaid upon the closing of the position.
Upon failure to repay the credited Virtual Assets upon maturity, Mobile Wealth can use Virtual Assets in your
Margin Account to pay off your loan.
b) Security Agreement / Assignment by Way of Security
In order for Mobile Wealth to provide a credit in Virtual Asset under the abovementioned loan agreement,
you must provide collateral to Mobile Wealth (secured party).
The purpose of the collateral under the security agreement is to secure the interests of Mobile Wealth
resulting from the loan agreement.
The obligation of you to perform under this security agreement depends on the option of your Hosted
Wallet.
In case of regular custody, your obligation according to the Security Agreement is fulfilled once the Virtual
Assets are transferred to Mobile Wealth . Transferal of Virtual Assets to Mobile Wealth takes place by transfer
of your right of disposal of Virtual Assets by transferring them to the Margin Account (in Estonian
“Marginaalikonto”).
In case of irregular custody, your obligation according to the Security Agreement is fulfilled once your
Virtual Asset are transferred into your Margin Account and you agree with Mobile Wealth that you may not
exercise your claim for your Virtual Asset as long as they are a collateral in your Margin Account.
Consequently, Mobile Wealth becomes authorized to dispose of the Virtual Assets transferred as collateral
in the Margin Account (“Collateral”). The transferal of Collateral is made with the understanding in the
internal relationship between you and Mobile Wealth , that Mobile Wealth may only use the Collateral if the
margin trading maintenance coverage requirements (“maintenance coverage requirements”) are no longer
fulfilled. Upon settlement of any claim resulting out of the security agreement, ownership of the Virtual
Assets (in case of regular custody) or the right to claim your Virtual Asset (in case of irregular custody) is
to be restored to you.
The maintenance coverage requirements are calculated as follows:
• Margin level is calculated as (Equity / Used Margin).
• Equity is the current value of your collateral in your Margin Account plus unrealized profit and loss
(P&L) on your positions minus accrued interest on your loans.
• Used Margin is the current value of the collateral tied to open positions.
• Margin call is at a margin level as defined before entering into a security agreement on the Site.
At margin call we may choose to close your positions.
• Liquidation is at a margin level as defined before entering into a security agreement on the Site.
At liquidation, we will close your positions to get you up to or above 100% margin level.
If a Margin Call is issued by Mobile Wealth in case the maintenance coverage requirements are no longer
fulfilled, you must provide additional Collateral or the Virtual Assets serving as collateral may be liquidated
by Mobile Wealth .
You confirm that you have received our Margin Disclosure Statement and acknowledge its content
<MARGIN DISCLOSURE STATEMENT> and understand the risks involved with leveraged trades pursuant
to the Margin Trading system. You understand that trading Virtual Assets on leverage involves a variety of
risks, including, among others:
You can lose more Virtual Assets than you deposit in your Margin Account
• We can force the sale of Virtual Assets in your Margin Account if you fail to provide collateral
pursuant to the indicated the coverage ratio.
• We can sell your Virtual Assets without contacting you to meet a Margin Call.
• You are not entitled to choose which Virtual Assets in your Margin Account are liquidated or sold
to meet a margin call.
• We can increase our maintenance coverage requirements and will provide such notice in the
product.
• You are not entitled to an extension of time on a Margin Call.
8.2. Initial Collateral Coverage and Maintenance Coverage Requirements; Margin Calls for Additional
Collateral
You agree that you are responsible for paying for all transactions you make and all authorized transactions
in your Margin Account. You agree to maintain in your Margin Account a sufficient quantity of Virtual Assets
to meet any maintenance coverage requirements imposed by Mobile Wealth for users to engage in leveraged
trades. You agree to promptly satisfy all margin and maintenance coverage calls. You understand and agree
that Mobile Wealth is not obligated to request additional collateral from you in the event your Margin Account
falls below maintenance coverage requirements and there may be circumstances where Mobile Wealth will
liquidate Virtual Assets in your Margin Account or impose limits on the amount of any inbound or outbound
transfers, or suspend or terminate the ability to transfer Virtual Assets into or out of your Hosted Wallet, in
each case, without notice to you to ensure that maintenance coverage requirements are satisfied.
8.3. Liquidation; Payment of Indebtedness Upon Demand
You agree that we shall have the right, in accordance with our sole discretion regarding our maintenance
coverage requirements, when it is necessary for our protection, or to satisfy a Margin Call, deficiency, debit
or other obligation owed to us, we may (a) require additional Collateral at an earlier or later point in time
than called for by our general policies; (b) sell any or all Virtual Assets in your Margin Account; (c) buy any
or all Virtual Assets which may be short in your Margin Account; (d) cancel any open Orders; (e) impose
limits on the amount of any inbound or outbound transfers, or suspend or terminate the ability to transfer
Virtual Assets into or out of your Hosted Wallet; or (f) close any or all outstanding transactions, in each
case, without demand for Collateral or additional Collateral, notice of sale of purchase, or other notice or
advertisement. In case of an irregular custody, you agree with Mobile Wealth , that your claim for Virtual
Asset in your Margin Account becomes invalid in case the Virtual Asset are sold according to item (b) above.
While it is our policy to attempt to contact you to the extent practical before taking any action described in
this section, we reserve the right to take any such action without prior notice or demand for additional
collateral, and free of any right of redemption.
This means any Virtual Assets held now or in the future in any of your Margin Account may be liquidated
or sold by us, without contacting you, to reduce or eliminate any margin loan balance(s) in your Margin
Account You agree Mobile Wealth has the discretion to determine which Virtual Assets are to be sold or
bought, which transactions to close, and the sequence and timing of liquidation. You agree not to hold us
liable for the choice of which Virtual Assets to buy or sell or of which transactions to close or for the timing
or manner of the liquidation. In certain circumstances we may, at our sole discretion, liquidate your entire
margin loan balance to satisfy a margin call. You agree not to hold us liable for taking such action.
You at all times shall be liable for the full payment of debit balances or other obligations owning in your
Margin Account. You shall be liable for any deficiency remaining in any such Margin Account in the event
of the liquidation thereof, in whole or in part, by Mobile Wealth or by you, and you shall make payment of
such obligations and indebtedness promptly upon demand.
9. GENERAL SERVICE TERMS
11.1. Conditions and Restrictions
Mobile Wealth may, at any time and in its sole discretion, refuse any transfer request, Order or other
transaction request submitted via the Services, impose limits on the amounts of transfers or Trades that
can be completed on a daily or other periodic basis or impose any other conditions or restrictions upon
your use of the Services, without prior notice. For example, Mobile Wealth may: (a) limit the number of
open Orders that you can establish via the Services; (b) restrict transaction requests from certain locations;
or (c) restrict withdrawals or trading if there is a reasonable suspicion of fraud, diminished capacity,
inappropriate activity, or if Mobile Wealth receives reasonable notice that your ownership of some or all of
the Virtua Assets in your Mobile Wealth Account is in dispute.
11.2. Accuracy of Information
You must provide any information required by any screen displayed within the Services. You represent and
warrant that all information you provide via the Services is accurate and complete in all respects.
11.3. Support for Virtual Assets
Mobile Wealth retains the right, in its sole discretion, to determine whether to support transfer, storage or
trading of any Virtual Asset using the Services, and may discontinue or terminate any support for any
Virtual Asset at any time for any or no reason. Unless otherwise required by law or law enforcement, Mobile Wealth
TRADE will make reasonable efforts to notify you of its decision to cease to support of a Virtual Asset. If
Mobile Wealth ceases to support transfer or storage of a particular Virtual Asset using the Services, Mobile Wealth
TRADE will use commercially reasonable efforts to notify you at least thirty (30) days prior so as to afford
you with an opportunity to transfer the affected Virtual Asset from your Hosted Wallet to an External
Address. If you do not transfer the affected Virtual Asset out of your Hosted Wallet prior to cessation of
support for the Virtual Asset by Mobile Wealth , the Virtual Asset may be lost due to your inability to access,
transfer or otherwise control the Virtual Asset. Mobile Wealth will not be liable to you for any losses, liability
or expenses related to its decision to cease any support for any Virtual Asset.
11.4. Derivative Protocols
Unless Mobile Wealth notifies you or makes a public statement to the contrary, Mobile Wealth does not
support Derivative Protocols and you should not use your Mobile Wealth Account to attempt to transfer,
store, trade or engage in any other type of transaction involving a Derivative Protocol. Mobile Wealth will
have no responsibility or liability whatsoever in respect to any Derivative Protocol.
11.5. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your trading activities and other use
of the Services, including without limitation any reporting obligations and payment of all applicable taxes.
You will determine what, if any, taxes apply to the Trades and any other transactions you complete via the
Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.
Mobile Wealth is not responsible for determining whether taxes apply to your Trades or for collecting, reporting,
withholding, or remitting any taxes arising from any Trades.
11.6. AML/KYC Compliance
Mobile Wealth maintains internal anti-money laundering and know your customer compliance programs
(“AML/KYC Program”). Each of these AML/KYC Programs is a risk-based program founded on requirements
of the Due Diligence Act and Ordinance, other anti-money laundering laws and implementing regulations,
and guidance promulgated by the Financial Action Task Force. Each of these AML/KYC Program may be
updated from time-to-time, including the procedures that Mobile Wealth uses to verify its customers’
identities.
11.7. Error Correction Attempts
Mobile Wealth may, at its option and discretion, attempt to correct, reverse or cancel any Order, Trade or
transfer with respect to which Mobile Wealth has discovered that there was an error, whether such error
was by you, Mobile Wealth or a third party. You hereby authorize Mobile Wealth to attempt any such
correction, reversal or cancellation described in the preceding sentence. Mobile Wealth provides no
guarantee or warranty that any such attempt will be successful and will have no responsibility or liability
for the error or any correction attempt.
11.9. Property Disputes
If Mobile Wealth receives notice that any Virtual Assets held in your Hosted Wallet are alleged to have been
stolen or otherwise are not lawfully possessed by you, Mobile Wealth may, but has no obligation to, place
an administrative hold on the affected Virtual Assets or your Hosted Wallet. If Mobile Wealth does place an
administrative hold on some or all of your Virtual Assets, Mobile Wealth may continue such hold until such
time as the dispute has been resolved and evidence of the resolution acceptable to Mobile Wealth has been
provided to Mobile Wealth in a form acceptable to Mobile Wealth . Mobile Wealth will not involve itself in any
such dispute or the resolution of the dispute. You agree that Mobile Wealth will have no liability or
responsibility for any such hold, or for your inability to withdraw Virtual Assets or execute Trades during
the period of any such hold.
11.10. Virtual Asset Promotions
You are responsible for doing all things and taking all actions necessary to enable or receive financial or
other benefits made available to Virtual Asset holders. For example, and without limitation, if new or
additional Virtual Assets are provided (whether by “airdrop” or other means) to holders of a Virtual Asset,
it would be your responsibility to claim the Virtual Assets and to designate the wallet address for such
Virtual Assets to be delivered. Mobile Wealth has no responsibility to enable, facilitate or help with claiming or
receiving any such Virtual Assets or other benefits. For more information, please see our FAQ posted
<FAQs>
11.11. Unacceptable Use or Conduct
You will not:
• violate any law, regulation, contract, intellectual property or other third-party right, or commit a
tort while using the Services;
• use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other
users from fully enjoying the Services, or that could damage, disable, overburden, or impair the
functioning of the Services in any manner;
• engage in any type of market manipulation. Market manipulation activities include, but are not
limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and
spoofing and layering, regardless of whether it is prohibited by law;
• use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud,
money-laundering, or terrorist activities, or other illegal activities;
• use any robot, spider, crawler, scraper, or other automated means or interface not provided by
Mobile Wealth to access the Services or to extract data;
• use or attempt to use another user’s account without authorization;
• attempt to circumvent any content filtering techniques Mobile Wealth employs, or attempt to access any
service or area of the Services that you are not authorized to access, or attempt to access the
Services from any location or jurisdiction in which you are prohibited from accessing the Services;
• introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
• develop any third-party applications that interact with our Services without our prior written
consent, or unless otherwise agreed;
• provide false, inaccurate, or misleading information;
• post content or communications that are, in our sole discretion, libelous, defamatory, profane,
obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful,
threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or
otherwise objectionable;
• post content containing unsolicited promotions, political campaigning, or commercial messages
(SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
• post content containing private information of any third-party including, but not limited to,
addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• promote, offer, use or otherwise exploit the Services or use or otherwise exploit any data related
thereto in connection with the formation, operation or offering of any index fund or similar product
or any data package or similar product or any other derivative product utilizing the Site or the
Services; or
• encourage or induce any third party to engage in any of the activities prohibited under this Section.
12. FEES
You agree to pay Mobile Wealth the fees described below. There is a fee schedule posted on the website
(“Fee Schedule”).
Trades – Trade fees are calculated by taking the (amount * purchase price * fee schedule). Any portion of
an order that has not executed, will be refunded fully upon the cancellation of the order. Mobile Wealth
may also provide discounts on trading for specific Virtual Assets or markets through various promotional or
discounting events, including through its Mobile Wealth Credits Program.
Deposits – There are no fees for deposits. Please be aware that some coins require us to move your funds
to another address before we credit them. This means the coins network will charge you the normal
transaction fee for this send. This is not something we can avoid.
Withdraws – Our intention is to not make any profits on withdraws. However, each coin has a network
transfer fee that is built into the coin. This means that we must charge a small amount to cover this fee.
You can view the fee for each coin by clicking the withdraw button next to the coin to bring up the withdraw
window which shows the network fee.
You authorize Mobile Wealth to remove Virtual Assets from your Hosted Wallet for any applicable fees owed
by you under these Terms.
11. CHANGES; SUSPENSION; TERMINATION
11.1. Changes to Services
Mobile Wealth may, at its discretion and without liability to you, with or without prior notice and at any time,
modify or discontinue, temporarily or permanently, all or any portion of any Services.
11.2. Suspension or Termination of Services and Limitation of Liability
You hereby acknowledge that your right to use the Mobile Wealth Trading Platform and all Services is limited
by these Terms, and, if you violate them or if, at any point, you do not agree to any of the Terms set forth
herein, your right to use the Services shall immediately terminate, and you shall immediately refrain from
using the Services. Any use of the Services that violates these Terms is strictly prohibited and can, at Mobile Wealth
TRADE’s sole discretion, result in the immediate revocation of your limited rights granted by these Terms.
Any such actions, including the termination of your rights to use the Services, may be applied by Mobile Wealth
TRADE permanently or temporarily. In such an event, Mobile Wealth may terminate access to the Services.
Upon termination of your Mobile Wealth Account, your Mobile Wealth Account login credentials for the
Services may not be preserved and it may not be possible to reinstate them.
Mobile Wealth is under no obligation to compensate you for any losses of any kind whatsoever resulting
from the cessation of Services as set forth hereinabove, unless the damages are due to a grossly negligent
or intentional breach of duties by Mobile Wealth , and you hereby irrevocably waive any demand or claim
regarding the above. On no account is Mobile Wealth under obligation to compensate you for any losses
due to missed trades.
Notwithstanding the foregoing, you acknowledge that Mobile Wealth has the right to discontinue the Mobile Wealth
TRADE Trading Platform in its entirety, or any part thereof, at any time, at Mobile Wealth ’s sole discretion.
Mobile Wealth will not be liable for any losses suffered as a result of any modification or termination of the
Services (whether pursuant to this Section 13 or for any other reason), or of any suspension or termination
of your right to access the Services caused by slight negligence of the Company. If and when Services
resume, you acknowledge that Virtual Asset valuations and exchange rates may differ significantly from
the valuations and rates prior to such event.
Without derogating from the generality of the foregoing, in particular but not limited to each of the following
constitutes an event upon which Mobile Wealth may immediately terminate your right to use the Services:
• Where any representation or warranty made by you is or becomes untrue;
• If you involve the Mobile Wealth Trading Platform in any type of fraud or illegality and if Mobile Wealth
TRADE suspects that you are engaged in money laundering activities or terrorist financing or other
criminal activities;
Commencement of proceedings or investigations against you by a governmental authority;
• Cases of a violation by you of the requirements established by any applicable laws, such materiality
determined in good faith by Mobile Wealth .
11.3. Effect of Termination
In the event of discontinuation of all Services or other termination of your right to access all Services: (a)
all amounts payable by you to Mobile Wealth will immediately become due; (b) Mobile Wealth may delete or
deactivate your Mobile Wealth Account and all related information and files in such account without liability
to you; and (c) Mobile Wealth may cancel any open Orders or other transaction requests that are pending
at the time of discontinuation or termination. In the event of discontinuation or termination of all Services
or discontinuation or termination of transfer or storage Services for all or some Virtual Assets, Mobile Wealth
will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or
regulations or by order of law enforcement or other governmental authority, to provide you with a period
of ninety (90) days to remove the affected Virtual Assets from your Hosted Wallet of your Mobile Wealth
Account.
11.4. Survival
The terms of Sections 2.3, 3.3, 4, 5, 6 and 8 through 23 will survive any termination of your access to the
Services.
12. ELECTRONIC NOTICES
12.1. Consent to Electronic Delivery
You consent to receive electronically all communications, agreements, documents, receipts, notices, and
disclosures (collectively, “Communications”) that Mobile Wealth provides in connection with this Agreement,
your Mobile Wealth Account or any Services.
You agree that Mobile Wealth may provide these Communications to you by posting them via the Services,
by emailing them to you at the email address you provide, sending them using an app or other messaging
service to your account on the app or messaging service, and/or by sending an SMS or text message to a
mobile phone number that you provide. Your carrier’s normal, messaging, data, and other rates and fees
may apply to any mobile Communications. You should maintain copies of electronic Communications by
printing a paper copy or saving an electronic copy. You may also contact Mobile Wealth ’s Support Team to
request additional electronic copies of Communications or, for a fee, paper copies of Communications (as
described below) by filing a support request.
14.2. Hardware and Software Requirements
In order to access and retain electronic Communications, you will need a computer with an Internet
connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need
to have a valid email address on file with Mobile Wealth and have sufficient storage space to save past
Communications or an installed printer to print them.
14.3. Withdrawal of Consent
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to
our Support Team by filing a support request at here. If you decline or withdraw consent to receive
electronic Communications, Mobile Wealth may suspend or terminate your use of the Services.
14.4. Requesting Paper Copies
If, after you consent to receive Communications electronically, you would like a paper copy of a
Communication that Mobile Wealth previously sent you, you may request a copy within thirty (30) days after
the date Mobile Wealth provided the Communication to you by contacting Mobile Wealth at <WE NEED
SUPPORT LINK> In order for Mobile Wealth to send paper copies to you, you must have a current street
address on file with Mobile Wealth . Please note that our Services operate exclusively online and it is very
burdensome for Mobile Wealth to produce paper copies of Communications. Therefore, if you request paper
copies, you agree that Mobile Wealth may charge you a processing fee, in the amount described in the Fee
Schedule for each page of Communication requested.
14.5. Updating Contact Information
It is your responsibility to keep your email address and/or mobile phone number on file with Mobile Wealth
up to date so that Mobile Wealth can communicate with you electronically. If Mobile Wealth sends you an
electronic Communication but you do not receive it because your email address or mobile phone number
on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive
electronic Communications, Mobile Wealth will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your
email address book, you must add Mobile Wealth to your email address book so that you will be able to
receive the Communications Mobile Wealth sends to you. You can update your email address, mobile phone
number, or street address at any time by filing a support request at <WE NEED SUPPORT LINK>. If your
email address or mobile phone number becomes invalid such that electronic Communications sent to you
by Mobile Wealth are returned, Mobile Wealth may deem your account to be inactive, and you may not be
able to complete any transaction via our Services until Mobile Wealth receives a valid, working email address
or mobile phone number from you.
15. PROPRIETARY RIGHTS
15.1. Ownership of Services
The Services, Site and all technology, content, data and other materials used, displayed or provided or
received by you in connection with the Services or Site (“Mobile Wealth Materials”) together with all intellectual
property rights in any of the foregoing are, as between you and Mobile Wealth , owned by Mobile Wealth .
15.2. Limitations
You may use the Mobile Wealth Materials solely as authorized by Mobile Wealth in connection with your use of the
Services for as long as Mobile Wealth permits you to continue to access the Services. Without limiting the
foregoing: you will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use
the Site, Services or Mobile Wealth Materials or use the Site, Services or Mobile Wealth Materials in any service bureau
environment; (b) modify or create derivative works of the Site, Services or Mobile Wealth Materials, or any portion
thereof or any data or information received by you in connection therewith; (c) frame, display or incorporate
the Site, Services or Mobile Wealth Materials in any website or any other work of authorship; (d) decompile,
disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Mobile Wealth
Materials; (e) use the Site, Services or Mobile Wealth Materials to design, develop or create any competing product
or service; or (f) otherwise use the Site, Services or Mobile Wealth Materials for any commercial or noncommercial
purpose other than their intended purposes determined at Mobile Wealth ’s discretion. “Mobile Wealth ”, any product or service
names, logos, and other marks used on the Site or Mobile Wealth Materials, or otherwise in connection with the
Services, are trademarks owned by Mobile Wealth or its licensors, as applicable. You may not copy, imitate
or use them without Mobile Wealth ‘s prior written consent.
15.3. Feedback
Mobile Wealth will own any feedback, suggestions, ideas, or other information or materials regarding Mobile Wealth
or the Services that you provide, whether by email, posting through the Services or otherwise (“Feedback”).
You hereby assign to Mobile Wealth all right, title and interest to Feedback together with all associated
intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment
or compensation based on any Feedback or any modifications made based on any Feedback.
15.4. User Content
You hereby grant to Mobile Wealth a royalty-free, fully paid-up, sublicensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display,
perform, publish and distribute, in any form, medium or manner, any text, information, data, materials,
images, or other content you provide to Mobile Wealth using the Services or submit or post to the Site and
that is not Feedback owned by Mobile Wealth (the “User Content”). You represent and warrant that: (a) you
own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User
Content and use by Mobile Wealth of the User Content as licensed herein does not and will not violate,
misappropriate or infringe on the rights of any third party. Mobile Wealth may remove any User Content
from the Site for any reason at Mobile Wealth ’s discretion.
16. THIRD-PARTY CONTENT
In using the Services, you may view content provided by third parties (“Third-Party Content”). Mobile Wealth
does not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party
Content, including without limitation material that may be misleading, incomplete, erroneous, offensive,
indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third
parties are solely between you and the third parties. Mobile Wealth is not responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings, and you understand that your use of
Third-Party Content, and your interactions with third parties, is at your own risk.
17. DISCLAIMER OF WARRANTIES (B2B)
To the maximum extent permitted under applicable law, the site, the services, the Mobile Wealth Materials and any
products, Services or other items provided by or on behalf of Mobile Wealth are provided on an “as is” and
“as available” basis and Mobile Wealth expressly disclaims, and you as a business (B2B) waive, any and all
other warranties of any kind, whether express or implied, including, without limitation, implied 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, Mobile Wealth
does not represent or warrant that the Site, the Services or Mobile Wealth Materials are accurate, complete, reliable,
current, error-free, or free of viruses or other harmful components.
You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable
due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes
by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled
maintenance, or other causes either within or outside our control. You are solely responsible for backing
up and maintaining duplicate copies of any information you store or transfer through our services.
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.
18. INDEMNIFICATION (B2B)
You as a business (B2B) will defend, indemnify, and hold harmless Mobile Wealth each of its respective
Affiliates, and its respective shareholders, members, directors, officers, employees, attorneys, agents,
representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand,
lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without
limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection
with, the Services; (b) any Feedback or User Content you provide; (c) your violation of these Terms; or (d)
your violation of any applicable law or the rights of any other person or entity. If you are obligated to
indemnify any Indemnified Party, Mobile Wealth (or, at Mobile Wealth ’s discretion, the applicable Indemnified
Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether
Mobile Wealth wishes to settle, and if so, on what terms.
19. DISCLAIMER OF DAMAGES (B2B)
In no event will Mobile Wealth , each of its respective affiliates and its respective shareholders, members,
directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable to you
as a business (B2B) 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 business or financial benefit) arising out of or in connection with the site, the services, the Mobile Wealth
Materials, any performance or non-performance of the services, or any other product, service or other item
provided by or on behalf of Mobile Wealth , whether under contract, statute, strict liability or other theory
(including, for avoidance of doubt, any negligence of Mobile Wealth ), even if Mobile Wealth has been advised
of the possibility of any such damages.
20. LIMITATION OF LIABILITY (B2B)
The liability of Mobile Wealth , each of its respective affiliates and its respective shareholders, members,
directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or
in connection with Site, the Services, the Mobile Wealth Materials, any performance or non-performance of the
services, or any other product, service or other item provided by or on behalf of Mobile Wealth , whether
under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of
Mobile Wealth ) will not exceed the amount of the fees paid by you as a business (B2B) to Mobile Wealth
under this agreement in the twelve-month period immediately preceding the event giving rise to the claim
for liability.
21. LIMITATION OF WARRANTIES AND LIABILITY (B2C)
You as a consumer (B2C, unless otherwise mentioned) understand that there is no warranty, implied or
statutory, for the Mobile Wealth Materials, Virtual Asset Properties and Underlying Technology and any other
Services provided by Mobile Wealth . Except when otherwise stated in writing, the Mobile Wealth Materials, Virtual
Asset Properties and the Underlying Technology are provided “as is” and “as available” without warranty
of any kind, either expressed or implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose.
Without limiting the foregoing, Mobile Wealth does not represent or warrant that the Site, the Services or
Mobile Wealth Materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful
components. You acknowledge that your user data may become irretrievably lost or corrupted or
temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful
materials, protocol changes by third party providers, internet outages, force majeure event or other
disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You
are solely responsible for backing up and maintaining duplicate copies of any information you store or
transfer through our services.
By using the Services of Mobile Wealth you acknowledge that the entire risk as to the quality and
performance of all Services is with you.
Owing to a lack of influence, Mobile Wealth will in no event be liable to you for any damages, including any
general, special, incidental or consequential damages arising out of the use or inability to use the Services,
including but not limited to:
1. a) Losses of profits, expected revenue or gains, or business opportunities, even if we were advised
of or knew or should have known of the possibility of the same.
2. b) Security problems experienced by the User of the Mobile Wealth Services, the Underlying Technology or
any other Services, e.g., unauthorized access to a User’s Mobile Wealth
3. c) Mistakes made by a user, e.g., forgotten passwords, transactions sent to in-correct addresses.
4. d) technical failures in the hardware of a user, e.g., data loss owing to a faulty or damaged storage
device.
5. e) Software, e.g., corrupted files, incorrectly constructed transactions, unsafe cryptographic
libraries and/or malware affecting the Services.
6. f) Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy
of service providers, information security attacks on service providers, and fraud conducted by third
parties.
7. g) Delays, failure in performance, or interruption of the Services that arise from unforeseeable
circumstances beyond our control, including compliance with any relevant law or regulation.
Mobile Wealth shall be liable only in cases of malicious intent (B2B) and towards consumers (B2C) only in
cases of gross negligence or malicious intent for any type of damages.
22. APPLICABLE LAW AND LEGAL VENUE
These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia,
without regard to any conflict of law rules or principles or the provisions of the UN Convention on Contracts
for the International Sale of Goods that would cause the application of the laws of any other jurisdiction,
unless mandatory provisions for the protection of consumers of the law of another country contradict this.
The Courts of Estonia have exclusive jurisdiction over any and all disputes resulting out of or in relation to
this Agreement and its enforcement, unless mandatory provisions for the protection of consumers of the
law of another country contradict this.
You acknowledge that any dispute arising out of or related to these Terms or the Services is personal to
you and Mobile Wealth and that any dispute will be resolved solely through individual litigation and will not
be brought as a class litigation, class action or any other type of representative proceeding.
23. OTHER TERMS
22.1. Copyright Violations
Mobile Wealth has a policy of limiting access to our Services and terminating the accounts of users who
infringe the intellectual property rights of others. If you believe that anything on our Services infringes any
copyright that you own or control, you may notify Mobile Wealth ’s Designated Agent. Please note that if
you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to
Mobile Wealth for certain costs and damages. You may also submit a proper notification to our Designated
Agent using the contact information below:
DesignatedAgent:
Copyright Manager
Address:
2 Robert Speck Pkwy, Suite# 750 Mississuaga ONT L4Z 1H8 Canada
Email:
23.2. Remedies
If you violate any of these Terms, Mobile Wealth may, as it determines reasonably necessary to remedy or
mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your
account, or confiscate Virtual Assets owned by you without any prior notice to you. Mobile Wealth shall in
no event be responsible or liable for any damage incurred by the user as a result of an action taken by
Mobile Wealth pursuant to this paragraph.
23.3. Mobile Wealth Affiliates and Contractors
The Site and any Services may be operated or provided by Mobile Wealth , its Affiliates or contractors. To
the extent that an Affiliate of Mobile Wealth , or contractor of Mobile Wealth , is operating or providing any
Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms
substituting the Affiliate or contractor’s name wherever Mobile Wealth ’s name occurs in these Terms.
In case of an affiliate acting as vicarious agent of Mobile Wealth , Mobile Wealth will not be liable for slight
negligence of this affiliate.
23.4. Nonwaiver
Mobile Wealth ’s failure or delay in exercising any right, power, or privilege under these Terms shall not
operate as a waiver thereof.
23.5. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, inoperative
or unenforceable for any reason, the parties shall negotiate in good faith to modify these Terms so as to
affect the original intent of the parties as closely as possible in an acceptable manner in order that the
transactions contemplated hereby be consummated as originally contemplated to the fullest extent
possible.
The invalidity, inoperability or unenforceability of any term of the Agreement will not adversely affect the
validity, operability or enforceability of the remaining terms.
23.6. Force Majeure
Mobile Wealth will have no responsibility or liability for any failure or delay in performance of any Services,
or any loss or damage that you may incur, due to any circumstance or event beyond the control of Mobile Wealth
TRADE, including without limitation any flood, extraordinary weather conditions, earthquake, or other act
of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power
failure, or equipment or software malfunction.
23.7. Assignment
You may not assign or transfer any right to use the Services or any of your rights or obligations under these
Terms without prior written consent from us, including by operation of law or in connection with any change
of control. Mobile Wealth may assign or transfer any or all of its rights or obligations under these Terms, in
whole or in part, without notice or obtaining your consent or approval.
23.8. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
23.9. Entire Agreement; Order of Precedence
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings
between the parties regarding the Services. In the event of any conflict between these Terms and any
other agreement you may have with Mobile Wealth , these Terms will control unless the other agreement
specifically identifies these Terms and declares that the other agreement supersedes these Terms.
Mobile Wealth
2 Robert Speck Pkwy, Suite# 750 Mississuaga ONT L4Z 1H8 Canada
Mobile Wealth Trading Platform Terms of Service – Withdrawal Form
I,
(First Name) ______________________
(Surname) ______________________
(Birthdate) ______________________
(Address) ______________________
hereby declare my wish to withdraw from the contractual relations (please specify the type of services you
wish to withdraw from via checkbox) entered into with Mobile Wealth on
additional Services (Mobile Wealth Virtual Asset)
☐ other Services
(Date) ___________