This Terms of Use define the relation of StealthEx Ltd, a limited company with a registered number 105029, having its registered office at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960 (“we”, “us”, “our”) with You (“User” or “You”) as you interact with our Services which constitute each and collectively technology platform integrated in website www.stealthex.io, associated application program interface, mobile applications, and establish the entire agreement and understanding of use of any of our Services.

If You do not agree to be bound by these Terms of Use, do not access or use the Services.

We reserve the right to change this Terms of Use at any time without notice, so please check it regularly. Your continued use of the Services constitutes acceptance of any changes which we might undertake to these Terms of Use from time to time subject to no prior notification.

You hereby accept that electronic communication is the only way of communication adopted hereby subject to these Terms of Use and your use of the Services. That all notifications and documents will be send to your email address and you should seek to send any notifications and documents to us by the similar means.

These Terms of Use set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. You represent and warrant that all information disclosed to us in connection with these Terms of Use are true, accurate, and complete.

ARBITRATION AGREEMENT

By agreeing to the Terms of Use You agree that You are required to resolve any claim that You may have against us on an individual basis in arbitration, as set forth herewith. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.

You agree that any dispute, claim or controversy arising out of or relating to (a) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms of Use, will be settled by binding arbitration. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of Marshall Islands.

You agree to notify us of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration and that arbitration will be conducted confidentially by a single arbitrator. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing.

LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF OUR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT).

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER; FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OR TO THESE TERMS EXCEED OUR FEES PAID BY YOU WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

Indemnification. User shall indemnify and hold harmless our legal entity, employees, directors, shareholders of our legal entity, against any claims and requests arising out of the User’s access and use of the Third Parties’ Services. This indemnification clause shall survive termination of this agreement.

SUBJECT OF THE SERVICES

The Service is made up of the following aspects: exchange of the crypto assets of one type, owned by one User, to the crypto asset of another type, owned by the same or another User and which is executed within the integrated technology platform with crypto assets deposited to those Users’ accounts, whereby the trade takes place between Users. The Service may include the provision of access to the third parties’ services on crypto exchange whereby we furnish Users technical possibility to access and use such third parties’ services thought our website and platform (“Third Parties’ Services”). In accordance with the User’s instructions we undertake deposit, withdrawal, trade transaction of crypto assets into/from/at User’s account when we perform the Service. In case of Third Parties’ Services a User will be transferred to the third party’s platform after filling User’s address, fiat/crypto pair and amount at our website, in order to undertake fiat/crypto exchange which will be performed by such third party. Nothing hereby stated shall stipulate the provision of financing services and support margin trading.

We do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Services, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform.

While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.

For abnormal transactions, we have the right to cancel the abnormal transaction results. We have the right to rollback all the transactions of a certain period of time.

User hereby agree and acknowledge that in case of Third Parties’ Services, the latter will be provided by the third parties, to the platform of which the User is transferred from our website. In this case any and all compliance procedures including but not limited to KYC, as well as actual deposit of funds and transaction shall be that third party liability. We do hereby assume no liability for the third party’s services performed to the User. User shall at all times comply with such third party’s requirements, terms and conditions, privacy and any other policies when using third party’s services.

We do not assume any responsibility of any losses caused by the aforementioned situations due to your providing incorrect information that results our inability reaching out and explaining to You the handling procedures.

DISCONTINUANCE OF SERVICES

We reserve the right, in our sole discretion, to discontinue or terminate the Services to You subject to no notification, temporarily or permanently, including, but not limited to, the following cases:

The information You have provided is not true, or inconsistent with the information You have provided during registration;
Security reasons or other similar circumstances;
You violate the applicable laws and regulations;
Direct requirement of the provision of the laws and regulations, and/or requirements of government authorities.

We may, at any time and in our sole discretion, refuse to perform any transfer requested via the Services, impose limits on the transfer amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice.

We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

YOUR COMMITMENTS

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Your age must be 18 or older to access and use the Services;
You must not be previously suspended or removed from the Services;
You shall have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
You shall guarantee that your crypto assets are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
You shall use our Services with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
You shall guarantee that you are not Politically Exposed Person or family member or close associate of such, not on any trade or economic sanctions lists, nor restricted or prohibited from engaging in any type of trading by administrative law enforcement agencies.
You shall not use the Service if You associated with any of the restricted areas by reason of your nationality, domicile, citizenship, residence or otherwise, which at this time include the USA, North Korea, Sudan, Crimea and Sevastopol, Cuba, Syria, Japan, and any state, country or other jurisdiction that is embargoed by the UK, a jurisdiction where the local laws prohibit you at any time to access or use the Services. In case of violation, we reserve the right to close any of your User Addresses, to reject any User’s exchange instructions, and to force You to withdraw all the crypto assets from the platform.
You shall further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our the Services.
If You are using the Service on behalf of any entity, You represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) You are authorized to accept the Terms of Use on such entity’s behalf and that such entity agrees to be responsible to us if You violate the Terms of Use.
You further shall guarantee, that you will not: - use the Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities or any other illegal activities; - use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; - use or attempt to use another User Address without authorization; - develop any third-party applications that interact with our Services without our prior written consent; - provide false, inaccurate, or misleading information; - encourage or induce any third party to engage in any of the activities prohibited hereby.
You further guarantee that you are able to bear any and all expenses which might occur while getting access to and using the Services.
You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address.

You hereby acknowledge that it is your sole liability to determine, report and remit all applicable taxes to the appropriate tax authority. In no way possible shall we bear any responsibility for determining whether taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any trades and transfers and does not act as your tax agent.

RISK DISCLOSURE

Trading of crypto assets is highly speculative, involves a significant risk of loss and is not suitable for all investors but only for those customers who:

understand and are willing to assume the economic, legal and other risks involved;
are experienced and knowledgeable about trading in derivatives and in underlying asset types; and
are financially able to assume losses significantly in respect to the exchange rate applicable at the moment of transaction.

Trading of crypto assets is carry higher level of risk on types of investors and can result in large losses of invested capital. The client represents, warrants, acknowledges and understands the associated risks, is willing and able, financially and/or otherwise, to assume the risks of trading crypto assets and that the loss of client's entire account balance will not change client's lifestyle.

In the event of a potential loophole in the trading rules that unjustly enriches the User, we will contact the User to recover the gains. The User must effectively cooperate, otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, prosecution of the User in a court with right of jurisdiction and other recourse measures. In the event that the User does not cooperate, the User will also bear recourse costs.

You assume to understand and agree to the fullest extend the following:

The total and beyond loss of the crypto assets possessed at your User Address may be sustained;
Any our instructions may never limit your losses since market conditions may make it impossible to execute such instructions;
At some point in certain market conditions might be found difficult or impossible to execute Your request, for example, when there is an insufficient liquidity in the market or the exchange rate varies much;
All crypto assets positions involve risk.
All of the points noted above apply to all crypto assets.
This statement cannot disclose all the risks and other aspects associated with the Trade of crypto assets and shall not be considered as any professional advice.

During periods of high volume, illiquidity, fast movement or volatility in the marketplace for any crypto assets, the actual market rate at which a market trade transaction is executed may be different from the prevailing rate indicated via the Services at the time of your transaction. You understand, that We are not liable for any such rates fluctuations.

The rates made available via the Services shall not be considered as an investment or financial pieces of advice or referred to as such and cannot be used as a basis of investment strategy, legal position in the court and nothing in the rates information can be ensured to contain no errors, mistakes, mispresentations or failures etc.

HOW YOU CAN USE THE SERVICES

• CREATE USER ADDRESS

User Address shall be created and assigned for anyone eligible and willing to use the Services. User Address might contain different combinations of characters on the basis of the complexity of the Services provided. Once created the User Address shall not be assigned to any other User and/or a third party, as well as transferred as such.

You hereby guarantee that the information You provide to us in order of User Address creation is true and accurate; that You will pass through the AML/KYC procedures from time to time if required; that You will maintain your user information up to date; that any security issues towards your User Address will be subject to your promt notification addressed to us; that You undertake full responsibility for all the activities of your User Address.

In case the transferring resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event; or terminate your access to the Services, delete or deactivate your User Address and all related information and files in such account.

In the event of termination, any crypto assets stored at your User Address and not owed to us, will be refunded to You, unless it is our belief that you have committed fraud, negligence or other misconduct.

• WE UNDERTAKE DEPOSIT/WITHDRAWAL OF CRYPTO ASSETS TO USER ADDRESS

When you request Us to deposit/withdraw crypto assets into or out from your User Address, you authorize us to execute such transfer via our Services.

An address for receiving crypto asset will be created automatically as soon as you request the deposit transfer and before any crypto asset can be remitted to Your User Address and you fully and irrevocably authorize its creation.

In case you are required to verify, that you possess crypto asset of the third-party service that you use to remit crypto asset to your User Address, you undertake to provide such verification by our following instructions.

Services allow Users to remit crypto assets to their User Address from external third-party service and vice versa except to certain limitations, which may be updated from time to time. You may be charged fees by the third-party service you use to remit your User Address. We are not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service. In some cases, the third-party service may reject your crypto assets to be processed, suspend the deposit/withdrawal transfer of your crypto assets, or be not able to support the transfer, or may otherwise be unavailable.

The timing associated with deposit/withdrawal of crypto assets depends inter alia upon the performance of third-parties services, and We make no guarantee that crypto assets will be deposited/withdrawn in any specific timeframe.

• CRYPTO ASSETS TRADE

You shall submit a trade order via the Services to authorize is to record a transfer of crypto assets from/into/on your User Address and/or reserve crypto assets at your User Address for such trade order, and charge You Service Fees for such record. Once your deposit/withdrawal request or trade order is executed, a confirmation will be electronically made available via the Services detailing the particulars of the transfer. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such transaction.

You may only cancel a transfer request initiated via the Services if such cancellation occurs before we execute the transfer. Once your transfer request has been executed, you may not change, withdraw or cancel your authorization to complete such transfer. If User’s instruction has been partially filled, you may cancel the unfilled remainder unless we have sent the execution request to the third parties. We reserve the right to refuse any cancellation request associated with a market rate trade order once you have submitted such order. While We may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.

If you have an insufficient amount of crypto assets in your User Address to complete a transfer, We may cancel the entire order or may fulfill a partial order using the amount of crypto assets currently available in your User Address, less any Service Fees in connection with our execution of the transfers.

You acknowledge and agree that, respective to your trading activity, we do not act as your broker, intermediary, agent, or advisor or in any fiduciary capacity; do not act as a party of transferring of a particular crypto asset.

Each placed trade order creates different market exchange rates. You acknowledge and agree that the rates information made available via the Services may differ from prevailing rates made available via other sources outside of the Services.

• HOW THE SERVICE FEES ARE PAID

The Service Fee is 0.4% of the input crypto asset amount of each successful transfer (of the crypto assets You ordered to trade). We may change the Fee at our own discretion without notification. You hereby agree and acknowledge that we will act as an authorized or designated payment processor in order to charge or deduct crypto assets from your User Account to fulfill payment of Service Fees.

OTHER PROVISIONS

THIRD PARTY CONTENT

The Services may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under applicable laws and regulations, as well as under foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

INTELLECTUAL PROPERTY

Subject to the provisions of these Terms of Use, our website, integrated platform and Services without limitation are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under applicable laws and regulations, as well as under foreign laws and international conventions. You agree not to engage in the use, copying, or distribution of any intellectual property rights reserved by us unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security-related features or features that prevent or restrict use or copying or enforce limitations on the use of the Services.

You agree to use the Services only as permitted under these Terms of Use. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use the Services.

All product, brand and company names and logos used at our Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing at our Services, whether or not owned and/or operated by us (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

COMPLAINTS

If you have any complaints, feedback, or questions, please contact our Customer Service at www.stealthex.io. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.

ASSIGNMENT

You may not assign or transfer any of your rights or obligations under these Terms of Use without prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.

Dusk Network (DUSK)

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