• Capital Wallet refers to an ecosystem comprising Capital Wallet websites (whose domain names include but are not limited to https://www.capitalwallet.com/), mobile applications, portals, clients, applets and other applications that are developed to offer Capital Wallet Services, and includes independently-operated platforms, websites and clients within the ecosystem.
• Capital Wallet Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Capital Wallet for Users (corporate) to record on Capital Wallet their usage of Capital Wallet Services, transactions, asset changes and basic information. Capital Wallet Accounts serve as the basis for Users to enjoy and exercise their rights on Capital Wallet.
• Capital Wallet refers to all parties that run Capital Wallet, including but not limited to legal persons, unincorporated organizations and teams that provide Capital Wallet Services and are responsible for such services. For convenience, unless otherwise stated, references to “Capital Wallet” and “we” in these Terms specifically mean Capital Wallet. Under these terms, Capital Wallet may change as Capital Wallet’s business adjusts, in which case, the changed individuals shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of Capital Wallet may be expanded due to the provision of new Capital Wallet services, in which case, if you continue to use Capital Wallet services, it is deemed that you have agreed to jointly execute these terms with the newly added Capital Wallet. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
• Capital Wallet Services refer to various services provided to you by Capital Wallet that are based on Internet and/or blockchain technologies and offered via Capital Wallet websites, portals, mobile applications, clients and other forms (including new ones enabled by future technological development). Capital Wallet Services include but are not limited to such Capital Wallet ecosystem components as Digital Asset Trading Platforms, the financing sector, Capital Wallet Info, Capital Wallet Payment Gateway, existing services offered and novel services to be provided by Capital Wallet.
• Capital Wallet Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Capital Wallet, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Centre / Support / News / Blogs or within products or service processes.
• Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
• Designated Stablecoin means each Digital Asset Capital Wallet may be designated as such from time to time, provided that Capital Wallet may remove any Digital Asset from the scope of this definition at any time without prior notice.
• Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a centralized or decentralized form.
• Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
• Crypto-to-Fiat Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
• KYC refers to the “know-your-customer” process that Capital Wallet has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, Capital Wallet may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
• KYB refers to the “know-your-customer” process that Capital Wallet has put in place before entering into a business relationship or conducting transactions with its Corporate Users. As part of this process, Capital Wallet may do anything that it deems necessary to determine the authenticity of the entities that Capital Wallet is dealing with to ensure they are not being used to conceal the identities of owners for illegitimate purposes. KYB verification measures are key components of Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) regulations. They are also legally required by the Financial Action Task Force (FATF), regional regulations such as the 5th and 6th EU AML directives, and various national AML laws.
• Users refer to all Businesses and Legal Entities that access, download or use Capital Wallet or Capital Wallet Services and who meet the criteria and conditions stipulated by Capital Wallet. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.

1. About These Terms
2. Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and Capital Wallet.

1. Supplementary Terms

Due to the rapid development of Digital Currencies and Capital Wallet, these Terms between you and Capital Wallet do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, the Privacy Policy and all other agreements entered into separately between you and Capital Wallet are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect. Your use of Capital Wallet services is deemed your acceptance of the above supplementary terms

1. Changes to These Terms

Capital Wallet reserves the right to change or modify these Terms in its discretion at any time. Capital Wallet will notify such changes by updating the terms on its website and modifying the Last revised date displayed on this page. Any and all modifications or changes to these terms will become effective upon publication on the website or release to users. Therefore, your continued use of Capital Wallet services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using Capital Wallet services immediately. You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of Capital Wallet services.

1. Prohibition of Use

By accessing and using Capital Wallet services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce. Capital Wallet reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Capital Wallet services in certain countries or regions.

2. About Capital Wallet

As an important part of the Capital Wallet Ecosystem, Capital Wallet mainly serves as a global online Digital Assets payment solution, payment processor and wallet. It provides Users with a payment gateway service, a trading platform, financing services, technical services and other Digital Assets-related services. Users must register and open an account with Capital Wallet and complete KYC/KYB Process prior to starting using its services. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.

Although Capital Wallet has been committed to maintaining the accuracy of the information provided through Capital Wallet Services, Capital Wallet cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Capital Wallet be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Capital Wallet Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Capital Wallet does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Capital Wallet or any other communication medium. All Users of Capital Wallet Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

3. Capital Wallet Account Registration and Requirements
4. Registration

All Users must apply for a Capital Wallet Account at (global online Digital Assets payment solution) before using Capital Wallet Services. When you register a Capital Wallet Account, you must provide the information identified in this paragraph 3 or otherwise as requested by Capital Wallet, and accept these Terms, the Privacy and Cookies Policy. Capital Wallet may refuse, in its discretion, to open a Capital Wallet Account for you. You agree to provide complete and accurate information when opening a Capital Wallet Account, and agree to timely update any information you provide to Capital Wallet to maintain the integrity and accuracy of the information. Each User may maintain only one main account at any given time. The registration, use, protection and management of such an account is governed by the provisions of this Section, unless otherwise stated in these Terms or the Supplementary Terms.

1. Eligibility

By registering to use a Capital Wallet Account, you represent and warrant that: (i) as an Individual representing a Legal Entity, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an Individual representing a Legal Entity you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) as an Individual representing a Legal Entity and as a Legal Person you have not been previously suspended or removed from using the Capital Wallet Platform or the Capital Wallet Services; (iv) as a Legal Entity you do not have an existing Capital Wallet Account; (v) you are not resident, located in or otherwise attempting to access the Capital Wallet Platform or the Capital Wallet Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include locations as designated by Capital Wallet from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as a Representative / Trustee of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the Capital Wallet Platform and Capital Wallet Services on behalf of such legal entity; and (vii) your use of the Capital Wallet Platform and the Capital Wallet Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

Please note that there are legal requirements in various countries which may restrict the products and services that Capital Wallet can lawfully provide. Accordingly, some products and services and certain functionality within the Capital Wallet Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Capital Wallet Platform and the Capital Wallet Services in each country from which the Capital Wallet Platform and the Capital Wallet Services are accessed by you or on your behalf. Capital Wallet reserves the right to change, modify or impose additional restrictions with respect to the access to and use of the Capital Wallet Platform and/the Capital Wallet Services from time to time at their discretion at any time without prior notification.

1. User Identity Verification

Your registration of an account with Capital Wallet will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ (either individual or legal entity) identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Capital Wallet, or for other lawful purposes stated by Capital Wallet. We will collect, use and share such information in accordance with our Privacy and Cookies Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity and/or legal entity’s documentation or protect you and/or us from financial crimes, such as fraud. The information we require for the Legal Entities is documentation for the company, Directors, Ultimate Beneficial Owners and/or Trustee. When providing the required information, you confirm it is true and accurate. After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, Capital Wallet reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of Capital Wallet services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to Capital Wallet during your use of Capital Wallet services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize Capital Wallet to conduct investigations that Capital Wallet considers necessary, either directly or through a third party, to verify your identity and / or the legal entity’s documentation or protect you, other users and/or Capital Wallet from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that the documentation of the legal entity (including individuals that are linked with it – Shareholders, Directors, UBOs, Trustees) may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.

1. Account Usage Requirements

The Capital Wallet Account can only be used by the account registrant. Capital Wallet reserves the right to suspend, freeze or cancel the use of Capital Wallet Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Capital Wallet immediately. Capital Wallet assumes no liability for any loss or damage arising from the use of Capital Wallet Account by you or any third party with or without your authorization.

1. Account Security

Capital Wallet has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Capital Wallet Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Capital Wallet Account and personal information.

You should be solely responsible for keeping your Capital Wallet Account username and password safe, and be responsible for all the transactions under your Capital Wallet Account. Capital Wallet assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

By creating a Capital Wallet Account, you hereby agree that:

• you will notify Capital Wallet immediately if you are aware of any unauthorized use of your Capital Wallet Account and password or any other violation of security rules;
• you will strictly abide by all mechanisms or procedures of Capital Wallet regarding security, authentication, trading, charging, and withdrawal; and
• you will take appropriate steps to logout from Capital Wallet at the end of each visit.

Upon completion of the registration and identity verification for your Capital Wallet Account, you may use various Capital Wallet Services, including but not limited to, Crypto-to-Crypto, Crypto-to-Fiat, Crypto-to-Stablecoin Payments and vice versa, Crypto-to-crypto, Crypto-to-Fiat, Crypto-to-Stablecoin trading and vice versa, general Fiat Services, contract trading, leveraged trading, Capital Wallet Storage services, acquiring market-related data, research and other information released by Capital Wallet, participating in User activities held by Capital Wallet, etc., in accordance with the provisions of these Terms. Capital Wallet has the right to:

• Provide, modify or terminate, in its discretion, any Capital Wallet Services; and
• Allow or prohibit some Users’ use of any Capital Wallet Services in accordance with relevant Capital Wallet Platform Rules.

Capital Wallet has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Capital Wallet may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Capital Wallet may, but is not obliged to, notify Users in advance and Capital Wallet shall have no liability to Users in connection with such additions, removals or amendments.

1. Service Usage Guidelines
2. License

Provided that you constantly comply with the express terms and conditions stated in these Terms, Capital Wallet grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Capital Wallet Services through Internet compatible devices for your corporate purposes. You are prohibited to use Capital Wallet Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Capital Wallet Services should be stipulated in the discretion of Capital Wallet. Capital Wallet reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Capital Wallet Services in any way not expressly authorized by these Terms.

These Terms only grant a limited license to access and use Capital Wallet Services. Therefore, you hereby agree that when you use Capital Wallet Services, Capital Wallet does not transfer Capital Wallet Services or the ownership of intellectual property rights of any Capital Wallet intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Capital Wallet Services, are exclusively owned, controlled and/or licensed by Capital Wallet or its members, parent companies, licensors or affiliates.

Capital Wallet owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Capital Wallet or Capital Wallet Services that you provide through email, Capital Wallet Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Capital Wallet. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

1. Restriction

When you use Capital Wallet Services, you agree and undertake to comply with the following provisions:

• During the use of Capital Wallet Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Capital Wallet;
• Your use of Capital Wallet Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users (individuals or legal entities) from using Capital Wallet Services;
• You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
• Without prior written consent from Capital Wallet, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
• You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Capital Wallet Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Capital Wallet Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Capital Wallet Services or any Capital Wallet servers or any other systems or networks of any Capital Wallet Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Capital Wallet Services or any network connected to the properties, or violate any security or authentication measures on Capital Wallet Services or any network connected to Capital Wallet Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Capital Wallet Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Capital Wallet Services or Capital Wallet, or the infrastructure of any systems or networks connected to Capital Wallet services; (vi) use any devices, software or routine programs to interfere with the normal operation of Capital Wallet Services or any transactions on Capital Wallet Services, or any other person’s use of Capital Wallet Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Capital Wallet, or (viii) use Capital Wallet Services in an illegal way.

By accessing Capital Wallet Services, you agree that Capital Wallet has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:

• Blocking and closing order requests;
• Reporting the incident to the authorities;
• Publishing the alleged violations and actions that have been taken;
• Deleting any information you published that are found to be violations.

2. Crypto-to-crypto / Crypto-to-Fiat/ Crypto-to-Stablecoin Trading

Upon completion of the registration and identity verification for your Capital Wallet Account, you may conduct Crypto-to-crypto / Crypto-to-Fiat/ Crypto-to-Stablecoin Trading on Capital Wallet in accordance with the provisions of these Terms.

1. Orders

Upon sending an instruction of using Capital Wallet Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Capital Wallet’s Platform. To conclude a Transaction, you authorize Capital Wallet to temporarily control the Digital Currencies involved in your Transaction.

1. Cancellation

If your account does not have sufficient amount of Digital Currencies to execute an Order, Capital Wallet may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Capital Wallet are deducted as stated in paragraph (c) below).

1. Fees

You agree to pay Capital Wallet the fees specified in www.capitalwalletallet.com/cw-pricing/. Capital Wallet may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Capital Wallet to deduct from your account any applicable fees that you owe under these Terms.

3. Other Fiat Trading

By accepting these Terms, you acknowledge and agree that:

• you have read, accepted and will comply with these Terms, the Legal Statement, the Privacy and Cookies Policy, and any other Rules related to Fiat Services;
• Capital Wallet may partner with any liquidity providers and you accept without objection the use of the selected liquidity providers.

4. Capital Wallet Conversion Services

• Upon completion of the registration and verification of your Capital Wallet Account, you may be able to make use of the Capital Wallet Instant Conversion services, which enable Users to buy and sell Digital Assets based on prices provided by Capital Wallet. Pursuant to the Capital Wallet Instant Conversion Services, Users may provide Capital Wallet with a request to convert one Digital Asset into another Digital Asset or a particular Fiat currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform (a “Conversion”), which Capital Wallet may, in its sole discretion, elect to accept or reject. Capital Wallet will block the rate (Lock-price) for 13 seconds; the user may confirm the conversion within the specified time otherwise the order will be canceled by Capital Wallet.
• To request an Instant Conversion between a supported trading pair through the Platform, Users may place a market order, by specifying the type and amount of the Digital Asset or fiat currency to be converted and the type of the Asset to be received pursuant to such Conversion. For the purposes of the Capital Wallet Instant Conversion Services reference to “Platform” shall be to the digital platform made accessible via any website, page, feature, or content owned or operated by Capital Wallet, any mobile application developed or provided by Capital Wallet.
• If a User places an Instant Conversion Order, Capital Wallet may (but is not obliged to) provide a non-binding, indicative and discretionary quote for the conversion, which the User may accept or decline within such period of time as Capital Wallet may in its sole discretion specify, currently set to 13 seconds. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the conversion or not within the specified time. User’s acceptance of the conversion will result in the submission of a trade request to Capital Wallet for Capital Wallet to process the requested Conversion at the price provided. Submission of an Instant Conversion request authorizes Capital Wallet to temporarily lock the requisite amount of the User’s Assets that are to be converted until the Conversion is completed (subject to Capital Wallet’s right to reject any such User Trade Request as detailed further below).
• User’s acceptance of a conversion and submission of an Instant Conversion request does not obligate Capital Wallet to process the requested Conversion on behalf of the User. Capital Wallet may either accept or reject the User Instant Conversion request at its sole discretion, depending on market conditions and other factors at the relevant time.
• If Capital Wallet accepts an Instant Conversion request, Capital Wallet will guarantee the price of the requested Conversion (regardless of any price movement since the Convert Quote was provided) as well as the amounts of the relevant Assets that are to be Converted and provided to User pursuant to such Conversion. Capital Wallet will settle the requested Conversion accordingly by debiting the User’s Capital Wallet Account of the agreed amount of Assets to be converted and crediting the User’s Capital Wallet Account with the agreed amount of Assets to be received pursuant to such Conversion. In most cases, the settlement process will complete within 5 seconds from the acceptance by Capital Wallet of the relevant User Instant Conversion confirmation request, however Capital Wallet does not guarantee the settlement of the Conversion within this timeframe and in some instances the settlement process may take several hours or even longer, depending on various factors, including, without limitation, market conditions, technical issues, etc. Once a User Instant Conversion confirmation request has been accepted by Capital Wallet, the User will not be permitted to cancel the requested Conversion or to transfer, withdraw, or otherwise trade the Assets that are the subject of such Conversion. Capital Wallet shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Asset subject to the Conversion during this settlement period.
• Capital Wallet has the exclusive authority to determine which Assets are listed on the Platform and are available for the purposes of any Conversion and may add or remove Assets and/or particular trading pairs from the Platform in its sole discretion, from time to time without prior notice. Capital Wallet may also change the order size available for a Conversion with respect to a particular Asset. In respect of any such additions, removals, or changes, Capital Wallet may, but is not obliged to, notify Users in advance and Capital Wallet shall have no liability to Users in connection with such additions, removals or changes.
• It is recommended that Users conduct independent research into different Digital Assets prior to using Capital Wallet Instant Conversion Services and that Users take steps to ensure they understand the risks associated with the trading of Digital Assets. Users bear full responsibility for ensuring that the Capital Wallet Instant Conversion Services are suitable for them, taking into account their own financial objectives and circumstances, and shall be solely responsible for any profit or loss sustained in connection with their use of the Capital Wallet Instant Conversion Services. Capital Wallet does not make any representation of guarantee as to the outcome to be received by the trading of Digital Assets whether pursuant to the Capital Wallet Instant Conversion Services or otherwise.

1. Disclaimer of Warranties

To the maximum extent permitted under applicable law, Capital Wallet services, Capital Wallet materials and any product, service or other item provided by or on behalf of Capital Wallet are offered on an “as is” and “as available” basis, and Capital Wallet expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Capital Wallet does not represent or warrant that the site, Capital Wallet services or Capital Wallet materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Capital Wallet does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of Capital Wallet services. Without limiting the foregoing, you hereby understand and agree that Capital Wallet will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by Capital Wallet and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of these terms, (f) any damage caused by illegal actions of other third parties or actions without authorized by Capital Wallet; and (g) other exemptions mentioned in disclaimers and platform rules issued by Capital Wallet.

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

2. Disclaimer of Damages and Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Capital Wallet, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of Capital Wallet services, any performance or non-performance of Capital Wallet services, or any other product, service or other item provided by or on behalf of Capital Wallet and its affiliates, whether under contract, statute, strict liability or other theory even if Capital Wallet has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Capital Wallet’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Notwithstanding the foregoing, in no event will the liability of Capital Wallet, its referrals, affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of Capital Wallet and its affiliates, any performance or non-performance of Capital Wallet services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to Capital Wallet under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.

Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Coinbase. Always log into your Coinbase Account(s) through the Coinbase Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

3. Indemnification

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

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.capitalwallet.com/resources. Users undertake to refer to these materials regularly and promptly. Capital Wallet will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.

1. Suspension of Capital Wallet Accounts

You agree that Capital Wallet shall have the right to immediately suspend your Capital Wallet Account, freeze or lock the Digital Assets or funds in your account, and suspend your access to Capital Wallet for any reason including if Capital Wallet suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Capital Wallet shall not be liable to you for any permanent or temporary modification of your Capital Wallet Account, or suspension or termination of your access to all or any portion of Capital Wallet Services. Capital Wallet shall reserve the right to keep and use the transaction data or other information related to such Capital Wallet Accounts. The above account controls may also be applied in the following cases:

• The Capital Wallet Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activities in the Capital Wallet Account;
• We detect unauthorized access to the Capital Wallet Account;
• We are required to do so by a court order or command by a regulatory/government authority.
• You refuse to provide Capital Wallet with enhanced due diligence documentation, when applicable, for processing a transaction or an order or an instant conversion.

2. Cancellation of Capital Wallet Accounts

In case of any of the following events, Capital Wallet shall have the right to directly terminate these Terms by canceling your Capital Wallet Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Capital Wallet Account on Capital Wallet and withdraw the corresponding Capital Wallet Account thereof:

• after Capital Wallet terminates services to you;
• you allegedly register or register in any other person’s name as a Capital Wallet User again, directly or indirectly;
• the information that you have provided is untruthful, inaccurate, outdated or incomplete;
• when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Capital Wallet Account or by other means;
• you request that Capital Wallet Services be terminated; and
• any other circumstances where Capital Wallet deems it should terminate Capital Wallet Services.

Should your Capital Wallet Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Capital Wallet shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.

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

3. Remaining Funds After Capital Wallet Account Termination

Except as set forth above, once a Capital Wallet Account is closed, all remaining account balance (which includes charges and liabilities owed to Capital Wallet) will be payable immediately to Capital Wallet. Upon payment of all outstanding charges to Capital Wallet (if any), Users will have 30 calendar days to withdraw all Digital Assets or funds from the account.

4. Remaining Funds After Capital Wallet Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

Capital Wallet maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Capital Wallet Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

5. Dormant Accounts

Notwithstanding any provision of this Section, Capital Wallet may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Capital Wallet Account within a specified period of time, determined on a per case situation. In the event that you fail to do so, Capital Wallet may in its absolute discretion and without prior notice to you:

• deem your Capital Wallet account as a dormant account;
• close any open positions in any Capital Wallet products;
• convert the Digital Assets to a different type of Digital Asset. For the avoidance of doubt, none of the Capital Wallet shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
• charge a dormant account fee to cover the cost of maintaining the assets by the Capital Wallet, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
• close a dormant account at any time, and Capital Wallet will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Capital Wallet. Any assets in these dormant accounts will be transferred in accordance with paragraph above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Capital Wallet account if you wish to continue to use Capital Wallet Services).

Capital Wallet is not a broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using Capital Wallet Services. No communication or information provided to you by Capital Wallet is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Capital Wallet does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Capital Wallet will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Capital Wallet.

It is Users’ responsibility to abide by local laws in relation to the legal usage of Capital Wallet Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of Capital Wallet services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that Capital Wallet will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. Capital Wallet maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

Access to Capital Wallet Services will require the submission of certain personally identifiable information. Please review Capital Wallet’s Privacy Policy at www.capitalwallet.com/privacy for a summary of Capital Wallet’s guidelines regarding the collection and use of personally identifiable information

When you use our Website, Capital Wallet will use cookies to distinguish you from other users of our Website. This helps us provide you with a more relevant and effective experience, including presenting the Website according to your needs and preferences.

This Cookie Policy provides you with comprehensive information about the cookies we use and the way in which we use them. You should also read our Privacy Policy in conjunction with this Policy.

Cookies Definition

Cookies are small files of information that often include a unique identification number or value, which are stored on your computer’s hard drive as a result of you using our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our Website.

Cookies are frequently used on many websites on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. Some of our business partners may also use cookies on our Website. We have no access to, or control over, these cookies.

The cookies do not contain personally identifying information nor are they used to identify you. You may choose to disable the cookies. However, you may not be able to access several parts of our Website if you choose to disable the cookie acceptance on your browser.

Delete and block cookies

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. For further information about disabling cookies, please refer to www.allaboutcookies.org

Your consent

By continuing to use our Website, you are agreeing to our placing cookies on your computer in order to analyze the way you use our Website. If you do not wish to accept cookies in connection with your use of this Website, you must stop using our Website.

The way in which we use cookies Session Cookies

We use session cookies for the following purposes:

To allow you to carry information across pages of our site and avoid having to re-enter information. Within registration to allow you to access stored information.

Cookies Policy

Persistent Cookies

We use persistent cookies for the following purposes: To help us recognize you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly. To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our Website. To internally identify you by account name, name, email address, customer ID, currency and location (geographic and computer ID/IP address). Within research surveys to ensure you are not invited to complete a questionnaire too often or after you have already done so.

Cookies Policy

Third parties may serve cookies via this site. These will be (are) used for the following purposes:

To serve advertisements on our site and track whether these advertisements are clicked on by users. To control how often you are shown a particular advertisement. To tailor content to your preferences. To count the number of anonymous users of our site. For website usage analysis

Use of Web Beacons

Some of our Web pages may contain electronic images known as Web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.

If you wish to know more about cookies please consult the help menu on your web browser or visit independent information providers such as www.allaboutcookies.org

If you have any questions regarding our privacy or security measures, please email support@capitalwallet.com

1. Notice of Claim and Dispute Resolution Period. First action should be towards Capital Wallet. Your concerns will be resolved without resorting to formal legal proceedings, if possible. If you have a dispute with Capital Wallet, then you should contact Capital Wallet and a ticket number will be assigned. Capital Wallet will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Capital Wallet, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Capital Wallet. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Capital Wallet account email. For the avoidance of doubt, the submission of a dispute to Capital Wallet for resolution internally and the delivery of a Notice of Claim to Capital Wallet are prerequisites to commencement of any legal proceeding.

2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Australia.

You agree for our benefit that the courts of Australia shall have jurisdiction to settle any suit, action or other proceedings relating to this Agreement and irrevocably submits to the jurisdiction of such courts (provided that this shall not prevent us from bringing an action in the courts of any other jurisdiction);

3. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.

1. Independent Parties. Capital Wallet is an independent contractor but not an agent of yours in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Capital Wallet Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

3. Interpretation and Revision. Capital Wallet reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Capital Wallet websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Capital Wallet Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Capital Wallet will not be responsible for any modification or termination of Capital Wallet Services by you or any third party, or suspension or termination of your access to Capital Wallet Services.

Conversion Services

, Users may provide Capital Wallet with a request to convert one Digital Asset into another Digital Asset or a particular Fiat currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform (a “Conversion”), which Capital Wallet may, in its sole discretion, elect to accept or reject. Capital Wallet will block the rate (Lock-price) for 13 seconds; the user may confirm the conversion within the specified time otherwise the order will be canceled by Capital Wallet.

To request an Instant Conversion between a supported trading pair through the Platform, Users may place a market order, by specifying the type and amount of the Digital Asset or fiat currency to be converted and the type of the Asset to be received pursuant to such Conversion. For the purposes of the Capital Wallet Instant Conversion Services reference to “Platform” shall be to the digital platform made accessible via any website, page, feature, or content owned or operated by Capital Wallet, any mobile application developed or provided by Capital Wallet.

If a User places an Instant Conversion Order, Capital Wallet may (but is not obliged to) provide a non-binding, indicative and discretionary quote for the conversion, which the User may accept or decline within such period of time as Capital Wallet may in its sole discretion specify, currently set to 13 seconds. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the conversion or not within the specified time. User’s acceptance of the conversion will result in the submission of a trade request to Capital Wallet for Capital Wallet to process the requested Conversion at the price provided. Submission of an Instant Conversion request authorizes Capital Wallet to temporarily lock the requisite amount of the User’s Assets that are to be converted until the Conversion is completed (subject to Capital Wallet’s right to reject any such User Trade Request as detailed further below).

User’s acceptance of a conversion and submission of an Instant Conversion request does not obligate Capital Wallet to process the requested Conversion on behalf of the User. Capital Wallet may either accept or reject the User Instant Conversion request at its sole discretion, depending on market conditions and other factors at the relevant time.

If Capital Wallet accepts an Instant Conversion request, Capital Wallet will guarantee the price of the requested Conversion (regardless of any price movement since the Convert Quote was provided) as well as the amounts of the relevant Assets that are to be Converted and provided to User pursuant to such Conversion. Capital Wallet will settle the requested Conversion accordingly by debiting the User’s Capital Wallet Account of the agreed amount of Assets to be converted and crediting the User’s Capital Wallet Account with the agreed amount of Assets to be received pursuant to such Conversion. In most cases, the settlement process will complete within 5 seconds from the acceptance by Capital Wallet of the relevant User Instant Conversion confirmation request, however Capital Wallet does not guarantee the settlement of the Conversion within this timeframe and in some instances the settlement process may take several hours or even longer, depending on various factors, including, without limitation, market conditions, technical issues, etc. Once a User Instant Conversion confirmation request has been accepted by Capital Wallet, the User will not be permitted to cancel the requested Conversion or to transfer, withdraw, or otherwise trade the Assets that are the subject of such Conversion. Capital Wallet shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Asset subject to the Conversion during this settlement period.

Capital Wallet has the exclusive authority to determine which Assets are listed on the Platform and are available for the purposes of any Conversion and may add or remove Assets and/or particular trading pairs from the Platform in its sole discretion, from time to time without prior notice. Capital Wallet may also change the order size available for a Conversion with respect to a particular Asset. In respect of any such additions, removals, or changes, Capital Wallet may, but is not obliged to, notify Users in advance and Capital Wallet shall have no liability to Users in connection with such additions, removals or changes. It is recommended that Users conduct independent research into different Digital Assets prior to using Capital Wallet Instant Conversion Services and that Users take steps to ensure they understand the risks associated with the trading of Digital Assets. Users bear full responsibility for ensuring that the Capital Wallet Instant Conversion Services are suitable for them, taking into account their own financial objectives and circumstances, and shall be solely responsible for any profit or loss sustained in connection with their use of the Capital Wallet Instant Conversion Services. Capital Wallet does not make any representation of guarantee as to the outcome to be received by the trading of Digital Assets whether pursuant to the Capital Wallet Instant Conversion Services or otherwise.