Terms and Conditions

Last revised: 2025/12/03

INTRODUCTION

Startale Development (BVI) Ltd (the "Company", "we," "us," or "our") makes available the website https://usd.startale.com/ ("Website"). These Terms and Conditions ("Terms") constitute a legally binding contract made between you ("you" or "your") and the Company that governs your access or use, and/or attempted access or use, of the Website and the features therein (including making any transaction with respect to Startale USD Swap, Earn Feature and/or Earn Vault) (together, the "Features").

There are risks associated with the Features that the Company cannot anticipate, and these risks may adversely affect the business, operations, development, uses, features, of the Features. By accessing and interacting with the Features, you expressly acknowledge, agree and assume such risks.

These Terms form an agreement and define the contractual relationship between you and the Company. Please read the Terms carefully. The Company reserves the right to amend the Terms at any time by posting the revised Terms on the Website. Unless otherwise stated in the Terms, the revised Terms shall be effective as indicated by the "Last revised" date indicated at the beginning of the Terms. Users are responsible for keeping themselves informed of the current Terms. Your use and continued use of the Features will be regarded as acceptance and acknowledgement of any amendments or modifications made to the Terms from time to time, whether or not reviewed by you. If you do not accept the revised Terms, you should not use the Features. Without limiting anything set forth elsewhere in the Terms, we shall not be liable to you or any third party for any losses suffered by any revisions to the Terms.

The "Terms" include the terms and conditions set out below and our different policies and guidelines found on the Website. Such policies and guidelines, which are incorporated in these terms and conditions by reference, include but are not limited to, the Privacy Policy.

By accessing or using, and/or attempting to access or use the Features (for the avoidance of doubt, including the making of any transaction with respect to Startale USD Swap, Earn Feature and/or Earn Vault), you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms, you are not permitted to and should not access or use, and/or attempt to access or use, any of the Features.

For the avoidance of doubt, the Company does not hold itself out as carrying on any regulated virtual asset service or investment business in or from within the British Virgin Islands or elsewhere and the Features do not constitute any form of regulated service.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

WALLETS

In order to access or use the Features, you must connect a compatible cryptocurrency third-party wallet software.

The Company does not have knowledge of or access to the private keys, seed phrase, or password associated with your connected wallet (the "Wallet"). We are not custodians of your Wallet or any assets therein. For the avoidance of doubt, the Company does not have control or custody over the assets in your Wallet at any time. Your relationship with any Wallet service provider is governed by the applicable terms with the provider of the Wallet, not these Terms. You are responsible for safeguarding the private key associated with your Wallet and any activity relating to your Wallet. We make no representations, warranty or undertaking on how the Features will function with your Wallet. You are responsible for all activities of any person who accesses your Wallet.

FEATURES

OVERVIEW

The Website provides you with Features, including:

Startale USD Swap. User interface for the user to make offers to undertake swap transactions with the Company on a proprietary basis using digital tokens in the user's connected Wallet or other supported payment methods listed on the Website.
Earn Vault. User interface for the user to earn STAR Points or Startale USD from the Company on a proprietary basis if the user deposits Startale USD from the user's connected Wallet into the relevant vault and satisfies the applicable reward terms and conditions listed on the Website.

The Company does not provide, and does not hold itself out as providing, any "virtual assets service" as defined under the Virgin Islands Virtual Assets Service Providers Act, 2022, nor any exchange, transfer, safekeeping, or administration of virtual assets for or on behalf of another person. The Company does not conduct any activity that constitutes investment business under the Virgin Islands Securities and Investment Business Act, 2010, including dealing, arranging deals, managing investments, providing custodian services with respect to investments, or operating an investment exchange.

Startale USD Swap

A user interface on the Website allows users to make offers to the Company to swap Startale USD with or for other support digital tokens using the user's connected Wallet ("Startale USD Swap"). When you buy or sell supported digital tokens using the Startale USD Swap interface, you are transacting with the Company on a principal to principal basis. The Company is the counterparty to you at all times with respect to the Startale USD Swap. The Company is not acting as an intermediary or service provider with respect to the Startale USD Swap.

You may transact on the Startale USD Swap using compatible digital assets in your connected Wallet or other supported payment methods listed on the Website, which may include debit or credit card issued to you. You shall follow the instructions set out on the Website for each Startale USD Swap. The Company has sole discretion to modify the swap rate from time to time in its sole and absolute discretion. When you submit a Startale USD Swap request, you are making an offer to the Company to undertake the Startale USD Swap at the swap rate indicated on the Website and accepting the Terms in its entirety. You acknowledge and agree that the swap rate is available on a short term basis only and may be subject to an expiry period after which a new swap rate may be stated. The Company's acceptance of your offer will only take place when your connected Wallet receives the purchased digital token and the payment (whether by way of digital token or fiat) is completed by you.

The Startale USD Swap is undertaken as an immediate transaction with no continuing rights or obligations owing to you. Without prejudice to the generality of the disclaimers in the Terms, you acknowledge and agree that you have not undertaken any Startale USD Swap with the Company on the basis of and, have not relied and do not rely, upon any statement or representation (whether negligent or innocent) or warranty or other provision (in any case whether oral, written, express or implied, or whether implied by applicable laws, trade, custom, usage or otherwise) made, given or agreed to by any person.

The Company may use a third party payment processor to process fiat payments between you and the Company when you undertake a Startale USD Swap using fiat payment methods (such as debit or credit card).

Earn

A user interface on the Website allows users to earn STAR Points or Startale USD ("Earn Feature") if the user deposits Startale USD from the user's connected Wallet into the relevant vault ("Earn Vault") and satisfies the applicable reward terms and conditions listed on the Website. The Company shall have the sole discretion to revise the reward terms and conditions from time to time, including suspending or terminating the Earn Feature or Earn Vault. While the Company offers the Earn Feature, the Company does not warrant, guarantee, or otherwise make any representation as to the suitability, reliability, legality, or performance of the Earn Feature, Earn Vault or Startale USD. Please see paragraph 3.4 for further information on STAR Points.

You expressly acknowledge and agree that, by engaging with such functionality, you are authorising and undertaking a transfer of your digital assets from the connected Wallet to the Earn Vault.

You acknowledge that depending on the applicable terms, your digital assets may be locked, staked, or otherwise committed to the Earn Vault, and any redemption or withdrawal thereof may be subject to specific conditions, delays, or limitations. You understand and agree that in the event of any failure, vulnerability, exploit, security breach, hack, or other adverse incident affecting the Earn Feature, Earn Vault, smart contract, or protocol, your digital assets may be compromised or rendered permanently inaccessible, resulting in partial or total loss.

You acknowledge that (i) the Company does not have control over the user's assets that are staked in the Earn Vault, nor can the Company initiate any transactions on behalf of any user; (ii) users retain complete autonomy over their digital assets and can unstake or withdraw their digital assets from the Earn Vault at any time; (iii) the Earn Vault and Earn Feature on a principal-to-principal basis between the user and the Company, without additional contractual obligations between the Company and the user, such as custody, trust and any ongoing service undertakings; and (iv) all Startale USD rewards are derived solely from Company-owned assets.

Any yields, APYs, rewards, or terms are determined and provided solely by the Company. However, the Company has no discretion or control over the selection, deployment, locking, staking, redemption, or withdrawal of your assets and does not hold, safeguard, or administer your assets. The Company does not act as agent or intermediary in respect of the Earn Feature or Earn Vault.

Without prejudice to the generality of the disclaimers in the Terms, you acknowledge and agree that you have not undertaken any transactions in respect of the Earn Feature or Earn Vault on the basis of and, have not relied and do not rely, upon any statement or representation (whether negligent or innocent) or warranty or other provision (in any case whether oral, written, express or implied, or whether implied by applicable laws, trade, custom, usage or otherwise) made, given or agreed to by any person.

STAR Points

STAR Points is a scoring system administered by an affiliate of the Company that awards STAR Points based on the user's activity within the Startale App ecosystem. STAR Points may be used to determine a user's eligibility and/or priority for campaigns undertaken within the Startale App ecosystem. You acknowledge that the Company does not have the right or discretion to determine the utility of the STAR Points within the Startale App ecosystem or the award eligibility and calculation of STAR Points generally under the scoring system.

As at the publication date of the Terms, STAR Points are in-app points that are non-transferable and cannot be returned or redeemed with the Company and/or its affiliates (the "Startale Group") in exchange for money. The STAR Points cannot be used outside Startale App. For the avoidance of doubt, STAR Points are not, and are not intended to constitute, capital markets products, securities or securities-based derivatives contracts of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction.

Modification to Features

We reserve the right in our sole discretion to modify, upgrade, suspend, or discontinue, whether temporarily or permanently, any part of the Features (or any elements thereof) at any time and without liability. For the avoidance of doubt, the aforementioned discretion applies to the Startale USD Swap, Earn Feature and Earn Vault. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Features.

ELIGIBILITY

In accessing and/or using the Features (which includes making any transaction with respect to Startale USD Swap, Earn Feature and/or Earn Vault), you represent and warrant that:

you are at least 18 years of age and are of sound mind;
you possess the legal authority to create a binding legal obligation;
you will use the Features in accordance with these Terms and all applicable laws and regulations;
you will only use the Features for lawful purposes;
you will not carry out fraudulent activity using our Features;
you will only use the Features to make legitimate transactions for yourself;
you will not impair the Features and the network and software on which it runs in any way;
you accept the Terms wholly and unconditionally, and agree that the Terms apply to the transaction you made with respect to the Startale USD Swap, Each Feature and Earn Vault;
if and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence; and
you will be responsible for any use of your account whether by you or anyone other than you.

You further agree not to use the Features or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, or the Features.

We reserve the right at our sole discretion to deny anyone access to the Features at any time without notice, and for any reason, including but not limited to, violation of these Terms. You acknowledge and agree that the Company shall not be liable for any damage or loss resulting from such actions (including but not limited to the failure or delay or effectiveness of the actions). You further agree not to take or attempt to take any measures to circumvent any such actions by us. Any successful access or use of the Features shall not be construed to be a waiver of any rights of the Company under these Terms nor be implied to be the user's compliance with these Terms.

THIRD PARTY CONTENT

Certain applications, smart contracts, products or services offered, maintained or operated by third parties ("Third Party Content") may be available or accessible through the Website. We do not own, control, verify, warrant or endorse any Third Party Content, including but not limited to the content, products, services or information available or accessible from those Third Party Content.

The inclusion of, or reference to, any Third Party Content is not, and shall not be implied or deemed, to be any approval, validation, recommendation or endorsement by us. We make no representation, warranties undertakings, covenants, guarantees, assurances with respect to any aspect of the Third Party Content, including but not limited to the safety, security, availability, accuracy, reliability, legality, suitability or applicable terms. We do not assume any responsibility or liability for the Third Party Content whatsoever, including any damage or loss caused by your use or access or reliance of any Third Party Content.

Your access and use of the Third Party Content may be subject to additional terms and conditions, privacy policies or other agreements with such third parties. You should conduct your own independent due diligence and investigations on the Third Party Content. You acknowledge that your use or access the Third Party Content at your sole risk notwithstanding that you are using or accessing the Third Party Content via the Website. You are solely liable for any fees, costs and expenses in respect of the use or access of the Third Party Content. In no event will the Company or the Startale Group be responsible or liable to you or any other person or entity under any circumstances for any losses or damages arising out of or in connection with any Third Party Content regardless of you using or accessing such Third Party Content.

YOUR RESPONSIBILITIES

Between you and us, you will be solely responsible for your use of the Features and Third Party Content. All information provided to you in connection with the Features or Third Party Content is for informational purposes only and should not be construed as professional, financial, investment and/or other advice, recommendations or solicitations. You should refrain from taking any action based on such information. Before you make any financial, legal, tax or other decisions involving the Features or Third Party Content, you should seek independent professional advice as appropriate. Your decision to access or use the Features or Third Party Content shall be made entirely based on your own knowledge and judgment.

You are responsible for maintaining the confidentiality of your credentials and are fully responsible for all activities that occur under your credentials.

PROHIBITED ACTIVITIES

When using the Features (which includes making any transaction with respect to Startale USD Swap, Earn Feature and/or Earn Vault) or any Third Party Content, you undertake not to perform or attempt to perform any of the following actions, either on your own or in cooperation with a third party (collectively, the "Prohibited Activities"):

Infringe the Startale Group's or a third party's rights, including intellectual property rights, trade secrets, publicity rights);
Violate any applicable laws and regulations;
Violate any applicable anti-money laundering laws, anti-terrorism laws, export control laws, end user restrictions, or economic sanctions laws/regulations, including but not limited to those administered or promulgated by the United Nations Security Council, the British Virgin Islands, Singapore, Japan, the United Kingdom, the United States (including U.S. Department of Treasury's Office of Foreign Assets Control);
Conceal your location through IP proxying or other methods;
Engage in any act that hinders, damages, disable, overburden, impair or otherwise interference with the use of the Features (including sending false information or spam);
Use the Features for purposes that diverge from the intended usage of the Features;
Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
Attempt to gain unauthorised access to the Features, other accounts, computer systems, or networks connected to the Features, through hacking, password mining or any other means;
"frame", "mirror" or otherwise incorporate any part of the Features into any other applications without our prior written consent;
Re-sell, use, copy, monitor, display, download or reproduce any content or information, software, or feature available on the Website for any commercial or competitive activity or purpose;
Download, distribute, make available for public transmission, alter, operate, reverse engineer, decompile, disassemble, delete or perform similar actions to all or part of the Features beyond a scope expressly authorised by the Company (including actions that invalidate or circumvent functions such as content protection and access control, as well as intentional exploitation of any defects within the Features);
Use the Features in a way that is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Violate, compromise, or interfere with the security, integrity, or availability of any computer, network, or technology associated with the Features, including using the Features in a manner that constitutes excessive or abusive usage, attempts to disrupt, attack, or otherwise impacts the stability of the Features;
Violate any other provisions of these Terms; and
Aid, facilitate or abet any of the above.

The Company reserves the right to block your access to or use of, and/or attempted access to or use of, the Features and transactions using the Features (including rejecting or terminating any transaction undertaken by you or proposed by you with respect to the Startale USD Swap, Earn Feature or Earn Vault), and take any other necessary measures, if the Company determines in its sole discretion that you have breached or may be in breach of your obligations under these Terms. The Company may also implement geo-blocking or access restrictions where necessary to comply with applicable sanctions, export controls, and other legal or regulatory requirements. You agree that the Company may deny or terminate access without liability where such restrictions apply.

INTELLECTUAL PROPERTY RIGHTS

Features

The Company grants you permission to use and access the Features subject always to the Terms. You acknowledge and agree that the Company retains ownership of all rights, title and interest, as well as any updates or modifications to the Features. This includes but is not limited to, the content, material, information, data, software, images, text, logos, illustrations, scripts, service marks, trademarks, logo, audio, video, music and the overall design and look. Notwithstanding the foregoing, the Company does not claim ownership rights over any Third Party Content.

Name and Logos

The name and logos, "Startale", and certain other logos and trademarks are trademarks and service marks of the Startale Group (collectively, the "Startale Group Trademarks"). Other company, product, and service names and logos used and displayed on the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Startale Group. You agree not to use any Startale Group Trademarks without our express prior written approval which we may withhold at our discretion for any reason. All goodwill generated from the use of the Startale Group Trademarks will inure to our exclusive benefit.

Feedback

If you provide us with any feedback or suggestions regarding the Features ("Feedback"), you hereby unconditionally and irrevocably assign to the Company all rights to such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide us with as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary and that you do not have the required permission and consent to submit.

Usage Data

You hereby authorise the Company and its third-party service providers to derive statistical and usage data relating to your use of the Features ("Usage Data"). We may use the Usage Data for any purpose in accordance with applicable laws and our Privacy Policy.

INDEMNITY

You agree to defend, indemnify and hold harmless the Company, the Startale Group and their respective officers, employees, directors, service providers, licensors and agents from and against any and all claims, disputes, losses, damages, demands, costs and expenses, including any reasonable legal and professional fees, rights, claims, actions of any kind and injuries (including death), arising out of or in connection with (a) your access or use of the Features; (b) any Third Party Content; (c) your violation of these Terms; or (d) your breach of any laws or regulations.

DISCLAIMER

YOUR ACCESS OR USE OF THE FEATURES (INCLUDING UNDERTAKING ANY TRANSACTION WITH RESPECT TO THE STARTALE USD SWAP, EARN FEATURE AND/OR EARN VAULT) IS AT YOUR SOLE RISK. THE FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND THE STARTALE GROUP EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE FEATURES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY AND THE STARTALE GROUP MAKES NO REPRESENTATION, WARRANTY, UNDERTAKING, GUARANTEE OR ASSURANCE (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO THE FEATURES, INCLUDING BUT NOT LIMITED THAT (A) THE FEATURES OR ANY THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE FEATURES OR ANY THIRD PARTY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VULNERABILITIES OR VIRUSES OR BUGS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FEATURES OR ANY THIRD PARTY CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE SECURITY MEASURES OF THE FEATURES OR ANY THIRD PARTY CONTENT. THE FEATURES OR ANY THIRD PARTY CONTENT MAY CEASE TO OPERATE OR EXPERIENCE SYSTEM FAILURES OR UNPLANNED INTERRUPTIONS, WHETHER DUE TO DEFECTS, REGULATORY ACTIONS, ACTS OR OMISSIONS OF THIRD PARTY CONTENT, OR OTHERWISE.

BY ACCESSING AND USING THE FEATURES (INCLUDING UNDERTAKING ANY TRANSACTION WITH RESPECT TO THE STARTALE USD SWAP, EARN FEATURE AND/OR EARN VAULT), YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN- BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT IT MAY TAKE TIME FOR THE FEATURES, THIRD PARTY CONTENT OR BLOCKCHAIN NETWORK (AS APPLICABLE) TO PROCESS TRANSACTIONS AND YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE DUE TO THE FLUCTUATION OF PRICES OF DIGITAL ASSETS WHILE THEY ARE BEING PROCESSED BY THE FEATURES, THIRD PARTY CONTENT OR BLOCKCHAIN NETWORK. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY AND STARTALE GROUP IS NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING THE FEATURES OR ANY THIRD PARTY CONTENT. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE FEATURES AND ANY THIRD PARTY CONTENT.

WE HAVE NO CONTROL OVER ANY UPGRADES TO ANY THIRD PARTY CONTENT. YOU ACKNOWLEDGE THAT UPGRADES MAY CAUSE OR INTRODUCE BUGS, VIRUSES, VULNERABILITIES, RISKS, INTERRUPTION TO THE OPERATION OF THE FEATURES AND/OR THE THIRD PARTY CONTENT, OR CAUSE YOU LOSS OR DAMAGE. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT DUE DILIGENCE BEFORE USING THE FEATURES OR ANY THIRD PARTY CONTENT AT ALL TIMES. YOU ARE RESPONSIBLE FOR YOUR USE OF THE FEATURES OR ANY THIRD PARTY CONTENT REGARDLESS OF ANY UPGRADES.

DIGITAL ASSETS, BLOCKCHAIN TECHNOLOGY, AND ANY RELATED SOFTWARE AND FEATURES ARE ALSO SUBJECT TO LEGAL AND REGULATORY UNCERTAINTY IN ANY JURISDICTIONS. THERE MAY BE NO REGULATORY RECOURSE FOR ANY LOSS RESULTING FROM YOUR USE OF THE FEATURES. YOU ALSO UNDERSTAND THAT LEGISLATIVE AND REGULATORY CHANGES OR ACTIONS MAY ADVERSELY AFFECT THE USAGE, TRANSFERABILITY, TRANSACTABILITY AND ACCESSIBILITY OF DIGITAL ASSETS, THE FEATURES OR ANY THIRD PARTY CONTENT.

LIMITATION OF LIABILITY

THE COMPANY AND THE STARTALE GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE FEATURES OR ANY THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO (A) UNAUTHORIZED ACCESS TO YOUR WALLET; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY CONTENT; (C) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE FEATURES OR ANY THIRD PARTY CONTENT; (D) BUGS, VIRUSES, TROJAN HORSES, DEFECTS OF THE FEATURES OR ANY THIRD PARTY CONTENT OR THAT MAY BE TRANSMITTED TO OR THROUGH THE FEATURE OR ANY THIRD PARTY CONTENT; (E) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE FEATURES OR ANY THIRD PARTY CONTENT; (F) LOSS OF FUNDS IN YOUR WALLET; (G) FAILURE OR INABILITY TO ACCESS YOUR WALLET; (H) MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO ANY BLOCKCHAIN NETWORK; (I) FAILURE OF ANY DATA OR INFORMATION TO BE SENT OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM; (J) LOSS OF VALUE OF ANY DIGITAL TOKEN; OR (K) ANY OTHER MATTER RELATING TO THE FEATURES OR ANY THIRD PARTY CONTENT.

FURTHER, THE COMPANY AND STARTALE GROUP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE FEATURES OR ANY THIRD PARTY CONTENT, EVEN IF THE COMPANY OR STARTALE GROUP HAVE BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU PAID DIGITAL TOKENS TO THE COMPANY IN EXCHANGE FOR CERTAIN RECEIVING DIGITAL TOKENS PURSUANT TO A STARTALE USD SWAP BUT THE COMPANY FAILED TO PAY THE RECEIVING DIGITAL TOKENS TO YOU, THE COMPANY'S AND STARTALE GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM SUCH STARTALE USD SWAP WITH THE COMPANY SHALL NOT EXCEED THE VALUE OF THE BALANCE RECEIVING DIGITAL TOKENS NOT PAID TO YOU. FOR THIS PURPOSE, THE VALUE OF THE BALANCE RECEIVING DIGITAL TOKENS NOT PAID TO YOU SHALL BE DETERMINED BY THE COMPANY IN ITS DISCRETION ACTING REASONABLY.

SAVE FOR THE LIMITATION OF LIABILITY IN RESPECT OF STARTALE USD SWAP SET OUT IN THE IMMEDIATELY PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY AND STARTALE GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM ANY TRANSACTION WITH THE COMPANY EXCEED USD 100.

THE COMPANY SHALL NOT BE LIABLE IN RESPECT OF ANY CLAIM MADE BY YOU AGAINST IT UNLESS YOU PROVIDE A NOTICE WITHIN 24 HOURS FROM THE TIME SUCH CLAIM ARISES, SUCH NOTICE STATING THE FOLLOWING INFORMATION: (1) YOUR FULL NAME, POSTAL ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER; (2) A BRIEF DESCRIPTION OF THE NATURE OR BASIS OF THE CLAIM; AND (3) THE SPECIFIC RELIEF YOU ARE SEEKING.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FEATURES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE FEATURES.

PRIVACY POLICY

Privacy & data protection

You acknowledge and agree that when you access or use any third-party service through the Features, any data or information you provide to such third parties (including, but not limited to, personal data) may also be shared with or made available to the Company in accordance with the applicable terms and privacy policies of those third parties. The Company will process any such data received from third parties in accordance with its own Privacy Policy and applicable data protection laws. It is your responsibility to review and understand the terms and privacy policies of any third party with whom you interact, including how your data may be shared with the Company.

You represent and warrant that all information, including personal information provided to the Company (either directly by you or via any third party), has been lawfully collected and provided in accordance with applicable data protection and privacy legislation and all required consents have been obtained.

The Company processes personal data in accordance with applicable data protection laws, including the British Virgin Islands Data Protection Act, 2021. Our Privacy Policy, which also governs your use of the Features and is incorporated by reference into these Terms, can be found here. By using the Features, you acknowledge and agree to such processing.

The Company, acts as data controller in respect of personal data it processes in connection with the Features. You may exercise your rights under the British Virgin Islands Data Protection Act, 2021 (including rights of access, correction and, where applicable, deletion) by contacting [email protected] . Where personal data is transferred to our affiliates or processors outside the BVI, we will implement appropriate safeguards consistent with applicable law and our Privacy Policy.

You acknowledge and agree that the Company may share your data, including personal data, with its affiliates, including Startale Group Pte. Ltd., for purposes connected with the provision, maintenance, improvement, and administration of the Features, as well as for compliance with applicable laws and regulations. Any such sharing of data will be carried out in accordance with the Company's Privacy Policy and applicable data protection laws. Startale Group Pte. Ltd. will process any personal data received from the Company in accordance with its own privacy policy and the requirements of applicable data protection legislation.

Analytics Tools

The Company may use third-party analytics tools and services to help us understand how users interact with the Features and to improve the functionality and user experience of the Features. These analytics tools may collect and process certain technical information about your use of the Features, such as device information, usage statistics, and wallet addresses.

Except for wallet addresses, the Company will not store or permit the storage of any personal information or user data by such third-party analytics providers. Wallet addresses may be collected and processed for the purpose of analytics, but will not be used to identify you as an individual or combined with other personal data in the possession of the Company or its analytics providers.

GENERAL

Governing Law

The Terms and the relationship between the Company and you in respect of the Features shall be governed by, and construed in accordance with, the laws of the British Virgin Islands.

Dispute Resolution

Any dispute, controversy or claim arising out of, relating to or in connection with or under the Terms, or the breach, termination or invalidity thereof (including non-contractual disputes or claims) (the "Dispute") shall be referred to and finally resolved by arbitration administered by the British Virgin Islands International Arbitration Centre ("BVI IAC") in accordance with the Arbitration Rules of the BVI IAC ("Arbitration Rules") for the time being in force, which rules are deemed to be incorporated by reference to this paragraph. In any arbitration commenced pursuant to this paragraph, the tribunal shall consist of one (1) arbitrator to be appointed by the President of the Court of Arbitration of the BVI IAC. The language of the arbitration shall be English, and the seat of the arbitration shall be British Virgin Islands. Except as otherwise provided in the Arbitration Rules, any decision of the arbitrator in any matter within this paragraph 13.2 will be final, binding and incontestable and may be used as a basis for enforcement thereon in the British Virgin Islands or elsewhere. The arbitrator will be entitled to include in its decision a determination as to the payment of the costs and expenses of the arbitrator, the administrative costs of the arbitrator, the legal fees incurred by the Parties, the costs and expenses of witnesses and all other costs and expenses necessarily incurred in the opinion of the arbitrator in order to properly settle the Dispute. The language to be used in the arbitral proceedings shall be English.

Any Dispute shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action, including private attorney-general actions or requests for public injunctions. No collective or representative proceedings or requests for relief of any kind shall be permitted.

Entire agreement

These Terms (together with the terms incorporated by reference thereto in this Terms) constitute the entire agreement between you and the Company with respect to the Features. The latest version of the Terms will supersede all previous versions as well as any other agreements or understandings (oral or written) between you and the Company.

Severance

If any provision of the Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, the parties agree to modify the provision to reflect the parties' intentions to the maximum extent permitted by law, and the other provisions of these Terms remain in full force and effect.

Assignment and Third Party Rights

You may not assign, convey, transfer or delegate your rights, duties or obligations hereunder without the prior written consent of the Company. The Company reserves the right to assign or transfer any of its rights, duties or obligations under these Terms, in whole or in part, without restriction. Other than you, the Company and the Startale Group, no other person has any rights to enforce any provision of these Terms.

Force Majeure

The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, acts or omissions or conduct of Third Party Content, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, interruption in telecommunications or network access or equipment, interruption in blockchain networks, or any other circumstances or causes beyond the reasonable control of the Company.

Non-Waiver of Rights

The failure of the Company or the Startale Group to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Notice

Any notices or other communications provided by us under these Terms, including without limitation, regarding amendments or modifications to these Terms, may be delivered by posting such notice or communication on our Website and/or through other electronic communication. You hereby agree to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Features.

No other duties

These Terms are not intended to and do not, create or impose any fiduciary duties on us. None of the Company, Startale Group, its respective directors, shareholders, employees or sub-contractors shall be deemed to be your agent or partner whatsoever. To the maximum extent permitted by applicable laws, you acknowledge and agree that none of the Company or Startale Group (including its respective directors, shareholders, employees or sub-contractors) owe any fiduciary duties or liabilities to you or any other party. You hereby irrevocably and unconditionally waive any duties or liabilities of the Company and Startale Group that may exist under applicable laws. We do not owe you any duties or obligations except for those expressly stated in these Terms.

Support

You may contact us for any technical and customer support in respect of the Features or if you wish to submit a complaint regarding the Features.

In the event of fraud, unauthorised use or any suspicious or unusual activity, whether actual or suspected, associated with your account by third parties, you should immediately contact us by [email protected]. We reserve the right to suspend or terminate all transactions with you if we reasonably believe your account or activity is linked to fraud, illegal activity or breach of these Terms.