NeoNomad Terms of Use

Please ensure that you read and accept these terms before using any NeoNomad products.

These Terms of Use ("Terms") are a legal agreement between you (referred to as "you" or "your") and the operators of NeoNomad (as defined below). By accessing, downloading, using, or clicking "I agree" to accept any NeoNomad Services (as defined below) provided by NeoNomad (as defined below), you confirm that you have read, understood, and accepted all the terms and conditions outlined in this agreement.

Please take the time to carefully read these terms as they govern your use of NeoNomad Services. These Terms include important provisions, such as an arbitration provision requiring the resolution of all claims through legally binding arbitration. The terms of the arbitration provision can be found in Article 12 (XII), "Resolving Disputes: Forum, Arbitration, Class Action Waiver," below.

It is important to note that, like any asset, the values of Digital Currencies (as defined below) may fluctuate significantly, and there is a substantial risk of economic losses when buying, selling, holding, or investing in Digital Currencies and their derivatives.

By using NeoNomad Services, you acknowledge and agree to the following:

Risk Awareness: Before using the NeoNomad Site, you should ensure that you understand the risks involved in buying, selling, or trading cryptocurrencies. Cryptocurrency markets can be volatile, and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. You acknowledge that you are fully aware of the risks associated with transactions involving cryptocurrencies and their derivatives, including but not limited to market volatility, regulatory changes, security vulnerabilities, and potential loss of funds.
Assumption of Risk: You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling, or trading cryptocurrency. You accept and agree that you are solely responsible for any decision to buy, sell, trade, or otherwise hold or deal with cryptocurrency and that NeoNomad does not, and will not, offer you any financial advice in connection with your use of, or transactions you conduct on, NeoNomad’s platform.
Non-Liability: NeoNomad serves as a platform and does not function as a broker, intermediary, agent, or advisor to any Account Holder. There is no fiduciary relationship or obligation between NeoNomad and an Account Holder in connection with any transactions or decisions made using the Services. Any communication or information provided by NeoNomad is not intended as advice and should not be construed as such. NeoNomad does not provide any warranty regarding the suitability of any cryptocurrency or crypto asset for trading or ownership by an Account Holder. NeoNomad solely provides access to the Services and does not act on behalf of the Account Holder. These Terms do not establish a partnership or joint venture between the Parties, and neither Party is considered an agent of the other. NeoNomad does not exercise any discretionary authority on behalf of the Account Holder. The Account Holder is responsible for all decisions made while using NeoNomad Services.
Security Responsibility: You are responsible for the security of your cryptocurrency holdings and account credentials. NeoNomad will take reasonable measures to secure its platform, but you must also take appropriate precautions to protect your assets, including using strong passwords, enabling two-factor authentication, and keeping your account information confidential. To enhance your security and prevent fraudulent activities, we encourage you to utilize our verification tool. You can input a NeoNomad email address, Telegram handle, Twitter handle, website address, or contract address to confirm its authenticity as an official NeoNomad contact or domain.
Regulatory Compliance: You agree to comply with all applicable cryptocurrency-related laws and regulations in your jurisdiction. NeoNomad does not provide legal or financial advice, and it is your responsibility to ensure that your use of cryptocurrency complies with local laws and regulations.
Educational Resources: NeoNomad may provide educational resources and information related to cryptocurrencies, but this information is for informational purposes only and should not be considered as financial or investment advice. You should conduct your own research and seek professional advice if needed before making any cryptocurrency-related decisions.
Transaction Verification: You understand the importance of verifying transaction details carefully before initiating cryptocurrency transactions. Cryptocurrency transactions are irreversible, and NeoNomad will not be able to reverse or refund transactions initiated by you in error.
Service Availability: NeoNomad will make reasonable efforts to ensure the availability and functionality of its cryptocurrency services. However, you acknowledge that technical issues, maintenance, or other factors may temporarily disrupt service availability, and NeoNomad shall not be liable for any resulting inconveniences or losses.
Reporting Requirements: You agree to report any suspected unauthorized access to your NeoNomad account or any suspicious cryptocurrency-related activities promptly. Prompt reporting helps in mitigating potential risks and protecting your assets.
TAXES: You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you conduct through your NeoNomad Account, and for withholding, collecting, reporting, and remitting the correct amounts of tax to the appropriate tax authorities.

By accessing, using, or attempting to use NeoNomad Services in any way, you acknowledge your acceptance and agreement to be bound by these Terms. If you do not agree, please refrain from accessing NeoNomad or using NeoNomad services.

Definitions

NeoNomad: NeoNomad refers to a cryptocurrency ecosystem that encompasses the NeoNomad website (with domain names including but not limited to www.neonomad.io, www.stablezarc.io, mobile applications, clients, applets, and other applications designed to provide NeoNomad Services. This definition also extends to independently operated platforms, websites, and clients within the ecosystem (e.g., NeoNomad’s Open Platform, NeoNomad Vault, NeoNomad Capital, NeoNomad NFT (Non-Fungible Token) Marketplace, NeoNomad DEX (decentralized exchange), NeoNomad Xchange, NeoNomad Visa Card, NeoNomad AgDeFi, NeoNomad MinDeFi, and the ZARC stablecoin service). In cases where there is any inconsistency between the relevant terms of use of the platforms and the contents of these Terms, the specific terms of the respective platforms shall take precedence.
NeoNomad Operators: This term encompasses all entities responsible for running NeoNomad, including but not limited to legal entities (such as NeoNomad XXchange OU), unincorporated organizations, and teams providing NeoNomad Services. For convenience, unless explicitly stated otherwise, references to "NeoNomad" and "we" in these Terms specifically pertain to NeoNomad Operators. Under these Terms, NeoNomad Operators may change as NeoNomad's business evolves. In such cases, the newly appointed Operators will assume their responsibilities under these Terms with you, continuing to provide services without affecting your rights and interests under these Terms. Furthermore, the scope of NeoNomad Operators may expand due to the introduction of new NeoNomad Services. If you continue to use NeoNomad Services, it is considered that you have consented to jointly execute these Terms with the newly added NeoNomad Operators. In the event of a dispute, you shall determine the entities responsible for executing these Terms with you and the counterparties involved in the dispute, based on the specific services you use and the actions that impact your rights or interests.
NeoNomad Services: NeoNomad Services encompass a range of services provided to you by NeoNomad, which are rooted in Internet and/or blockchain technologies and are made available through NeoNomad websites, mobile applications, clients, and other formats (including new ones enabled by future technological advancements). NeoNomad Services include, but are not limited to, various components within the NeoNomad ecosystem such as Digital Asset Trading Platforms, the financing sector, NeoNomad Vault, NeoNomad Capital, NeoNomad NFT Marketplace, NeoNomad DEX, NeoNomad X, NeoNomad Visa Card, NeoNomad AgDeFi, NeoNomad MinDeFi, and any existing services to be provided by NeoNomad.
NeoNomad Platform Rules: NeoNomad Platform Rules encompass all rules, interpretations, announcements, statements, letters of consent, and other materials that have been or will be released by NeoNomad. These also include all regulations, implementation rules, product process descriptions, and announcements published in the Help Centre or within the products or service processes.
Users: Users encompass all individuals, institutions, or organizations that access, download, or utilize NeoNomad Products or NeoNomad Services and meet the criteria and conditions set forth by NeoNomad. If there are separate agreements in place for entities like developers, distributors, market makers, and Digital Currencies exchanges, these agreements shall take precedence as applicable.
Account Holder: refers to the individual or organization that possesses a NeoNomad Account on the Platform.
Digital Currencies: Digital Currencies denote encrypted or digital tokens, cryptocurrencies, or digital assets with inherent value. They are founded on blockchain and cryptography technologies and are issued and managed in a decentralized manner.
Digital Assets: Digital Assets encompass Digital Currencies, their derivatives, or other forms of digitalized assets that possess a defined value.
Digital Fiat Currency: Also known as “stablecoins” refers to a form of traditional fiat currency that has been digitized and can be transacted electronically. It represents a digital representation of a government-issued currency, such as USD (United States Dollar), ZAR (South African Rand), or any other official currency recognized by a country or monetary authority. Digital Fiat Currency or stablecoins are typically used for conducting online transactions, transfers, and payments within the NeoNomad app and its associated services.
Crypto(s): refers to cryptocurrencies, crypto tokens, and other crypto assets. It encompasses digital currencies that utilize cryptographic technology for secure transactions. Additionally, it may include fiat currency in digital form, such as ZARC, as determined by NeoNomad.
Fiat: refers to government-issued currency that is recognized as legal tender within a specific jurisdiction and is widely accepted as a means of exchange for goods and services.
NeoNomad Accounts: NeoNomad Accounts are created to facilitate Users in documenting their usage of NeoNomad Services, logging transactions, tracking asset changes, and storing essential information. These accounts form the foundation for Users to access and exercise their rights within the NeoNomad platform. They serve as a crucial point for managing and interacting with the various features and functionalities offered by NeoNomad.
NeoNomad Wallet: designates the Account Holder's digital wallet within the NeoNomad app. It serves as a storage space for their funds and enables them to manage their cryptocurrencies, digital fiat currencies, and Fiat on the Platform.
Self-custody Wallet allows NeoNomad Account users to transfer their cryptocurrencies to an external address that is not under the control or management of NeoNomad, ensuring users have full ownership and control over their digital assets.
Crypto-to-crypto Trading: Crypto-to-crypto Trading refers to spot transactions where one digital currency is exchanged for another digital currency.
Fiat Trading: Fiat Trading denotes spot transactions involving the exchange of Digital Currencies for fiat currencies or vice versa.
Consent/ed: Refers to a voluntary, specific, and informed expression of will, through which permission is granted for the processing of personal information. It signifies an individual's authorized agreement for their personal information to be used in accordance with the terms specified. This consent is based on a sound understanding and awareness of the purpose, scope, and potential consequences of the processing activities related to their personal information.
Business Day: Refers to any day that is not a Saturday, Sunday, or an official public holiday recognized within the Republic of South Africa.

General Provisions

About These Terms

Contractual Relationship

These Terms form a legal agreement that establishes a binding contract between you and NeoNomad Operators.

Supplementary Terms

Due to the rapid evolution of Digital Currencies and NeoNomad, these Terms established between you and NeoNomad Operators may not comprehensively address all rights and obligations of each party. They may also not fully cater to the requirements stemming from future developments. Consequently, THE PRIVACY POLICY, NeoNomad PLATFORM RULES, and all other agreements executed separately between you and NeoNomad are considered supplementary terms that are an integral part of these Terms and carry the same legal weight. Your use of NeoNomad Services is regarded as your acceptance of the supplementary terms.

Changes to These Terms

NeoNomad retains the right to modify or amend these Terms at its discretion, without prior notice. NeoNomad will notify you of such changes by updating the terms on its website at www.neonomad.io and revising the "[Last revised]" date displayed on this page. ANY AND ALL REVISIONS OR ALTERATIONS TO THESE TERMS SHALL TAKE EFFECT UPON PUBLICATION ON THE WEBSITE OR DISTRIBUTION TO USERS. Consequently, your continued use of NeoNomad Services is considered your acceptance of the modified agreement and rules. Should you disagree with any changes to these Terms, you must promptly cease using NeoNomad Services. We recommend that you regularly review these Terms to ensure your understanding of the terms and conditions governing your access to and use of NeoNomad Services.

Prohibition of Use

By accessing and using NeoNomad Services, you confirm and guarantee that you are not 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. NeoNomad retains the right to select markets and jurisdictions for its business operations and may, at its discretion, limit or decline to provide NeoNomad Services in specific countries or regions.

About NeoNomad

As a vital component of the NeoNomad Ecosystem, NeoNomad primarily functions as a global online platform for Digital Assets trading. It offers Users access to a trading platform, financing services, technical support, and various other Digital Assets-related services. As outlined in more detail in Article 3 below, Users are required to register and establish an account with NeoNomad and deposit Digital Assets into their account before engaging in trading. Users may, subject to the limitations specified in these Terms, request withdrawals of Digital Assets. While NeoNomad is dedicated to maintaining the accuracy of the information provided via NeoNomad Services, it cannot guarantee the accuracy, applicability, reliability, integrity, performance, or suitability of such information. NeoNomad shall not be held liable for any loss or damage, whether direct or indirect, resulting from your utilization of this content. Please be aware that the information concerning NeoNomad Services may change without prior notice. The primary purpose of offering such information is to assist Users in making independent decisions. NeoNomad does not provide investment or consulting advice of any nature and bears no responsibility for the use or interpretation of information on NeoNomad or any other communication medium. All Users of NeoNomad Services are expected to comprehend the risks associated with Digital Assets trading and are strongly advised to exercise caution and trade responsibly within their own capabilities.

NeoNomad Account Registration and Requirements

Registration

All users are required to apply for a NeoNomad Account by visiting the following link: www.neonomad.io before gaining access to NeoNomad Services. During the NeoNomad Account registration process, you must provide your real name, a valid email address, and create a secure password. You must also accept these Terms, the Privacy Policy, and other NeoNomad Platform Rules. NeoNomad reserves the right to exercise discretion in refusing to open a NeoNomad Account for any user. You agree to provide complete and accurate information when setting up your NeoNomad Account and commit to promptly updating any information you provide to NeoNomad to ensure its integrity and accuracy. Certain NeoNomad Services may require you to establish a separate trading account independent of your NeoNomad Account, based on the provisions outlined in these Terms or the Supplementary Terms. The registration, use, protection, and management of such trading accounts are governed by the provisions in this article and article 6, unless otherwise specified in these Terms or the Supplementary Terms.

Eligibility

By registering to use a NeoNomad Account, you hereby represent and warrant that:

If you are an individual, you are at least 18 years of age or of legal age to form a binding contract as per applicable laws.
If you are an individual, legal person, or represent any other organization, you possess full legal capacity and the necessary authorizations to enter these Terms.
You have not been previously suspended or removed from utilizing NeoNomad Services.
You do not currently hold a NeoNomad Account.
You are not a United States user, nor are you acting on behalf of a United States user.
If you are acting as an employee or agent of a legal entity and are entering into these Terms on their behalf, you affirm and guarantee that you have all the requisite rights and authorizations to legally bind said legal entity.
Your utilization of NeoNomad Services will not contravene any applicable laws and regulations, including but not limited to anti-money laundering, anti-corruption, and counter-terrorist financing regulations.
Residing in a country specified in the List of Prohibited Countries.

By opening a NeoNomad Account you accept and agree that NeoNomad may, without further notice and in its sole discretion, terminate, suspend, or restrict the account of any customer who uses, or who we reasonably suspect may be using, the NeoNomad app or any NeoNomad Account in a manner that is inconsistent with the letter or spirit of these Terms. It is important to note that certain products and services may not be accessible in specific jurisdictions or regions or to users. NeoNomad retains the right to change, amend, or introduce additional restrictions at its discretion, at any time.

User Identity Verification

Your registration of an account with NeoNomad signifies your agreement to provide the necessary personal information required for identity verification. This information will be utilized to confirm the identity of users, detect, and prevent money laundering, terrorist financing, fraud, and other financial crimes within the NeoNomad platform, or for other lawful purposes as outlined by NeoNomad. We will collect, utilize, and share this information in accordance with our Privacy Policy.

In addition to furnishing this information, you consent to our retention of this data throughout the duration of your active account and for a period of up to five (5) years after your account is closed, in compliance with global industry standards regarding data storage. Furthermore, you authorize us to conduct essential investigations directly or through third parties to verify your identity or safeguard you and/or NeoNomad from financial crimes, including fraud.

The information required for identity verification may encompass but is not limited to, your name, email address, contact information, phone number, username, government-issued identification, date of birth, and other data collected during the account registration process. When providing this requisite information, you affirm its accuracy and truthfulness.

After Registration, It Is Your Responsibility to Ensure:

The information you provided is true, complete, and promptly updated when changes occur.
In the event there are reasons to suspect that any of the information you supplied is incorrect, false, outdated, or incomplete, NeoNomad reserves the right to issue a notice demanding correction, delete the pertinent information, and, if necessary, terminate all or part of the NeoNomad services provided to you.
If we are unable to reach you using the contact information you provided, you shall bear full liability for any loss or expenses incurred by NeoNomad during your use of NeoNomad services.

By registering an account, you hereby authorize NeoNomad to conduct any investigations it deems necessary, either directly or through third parties, to verify your identity or protect you, other users, and/or NeoNomad from fraud or other financial crimes. You also acknowledge and consent to the disclosure of your personal information to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations as required.

Account Usage Requirements

The NeoNomad Account is exclusively intended for use by the individual who registered the account. NeoNomad retains the right to suspend, freeze, or terminate the usage of NeoNomad Accounts by individuals other than the account registrant. Should you suspect or become aware of any unauthorized use of your username and password, it is imperative that you promptly notify NeoNomad. NeoNomad denies any responsibility for any losses or damages arising from the use of a NeoNomad Account by you or any third party, whether authorized or unauthorized.

Account Security

NeoNomad is dedicated to upholding the security of funds entrusted by its users and has established industry-standard safeguards for NeoNomad Services. Nevertheless, the behaviour of individual users can introduce risks. Therefore, you must commit to treating your access credentials (such as your username and password) as confidential information and refrain from sharing such information with any third party. You also acknowledge your sole responsibility for implementing the requisite security measures to safeguard your NeoNomad Account and personal information.

You are solely responsible for the safekeeping of your NeoNomad Account and password, as well as for all transactions conducted under your NeoNomad Account. NeoNomad disclaims any liability for any losses or consequences resulting from the authorized or unauthorized use of your account credentials. This includes, but is not limited to, information disclosure, information release, consent, or the submission of various rules and agreements through actions such as clicking on the website, renewing online agreements, and so forth.

By creating a NeoNomad Account, you hereby agree to the following terms:

You will promptly notify NeoNomad if you become aware of any unauthorized use of your NeoNomad Account and password or any other breach of security rules.
You will strictly adhere to all security, authentication, trading, charging, funding, and withdrawal mechanisms and procedures established by NeoNomad.
You will take the necessary measures to log out from NeoNomad at the conclusion of each visit.

Personal Data Privacy

Your personal data will be managed with due care and kept confidential. However, NeoNomad retains the right to collect, process, use, or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws.

Depending on the products or services you use, we may disclose your personal data to the following third parties:

Transaction Counterparties: Your personal data may be shared with the individuals or entities involved in your transactions.
NeoNomad Operators: We may disclose your personal data to NeoNomad Operators, including their shareholders, partners, investors, directors, supervisors, senior managers, and employees.
Joint Ventures, Alliance Partners, and Business Associates: Your personal data may be shared with our joint ventures, alliance partners, and business associates.
Agents, Contractors, Suppliers, and Third-Party Service Providers: We may disclose your personal data to our agents, contractors, suppliers, and third-party service providers. These entities may provide administrative, financial, research, operational, IT, and other services such as telecommunications, information technology, payroll, information processing, training, market research, storage, and archival.
Third-Party Business Partners: We may share your personal data with third-party business partners who offer goods and services or sponsor contests or other promotional activities, in collaboration with us.
Insurance Companies, Insurance Investigators, and Credit Providers: In cases of violation or dispute, we may disclose your personal data to insurance companies, insurance investigators, and credit providers.
Credit Bureaus, Debt Collection Agencies, and Dispute Resolution Centres: We may disclose your personal data to credit bureaus, debt collection agencies, or dispute resolution centres in cases of violation or dispute.
Business Partners, Investors, Trustees, or Assignees: If we engage in business asset transactions such as mergers, acquisitions, or asset sales, we may disclose your personal data to our business partners, investors, trustees, or assignees.
Professional Consultants: We may disclose your personal data to professional consultants, such as auditors and lawyers.
Government Regulatory Agencies and Law Enforcement Agencies: Your personal data may be shared with relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations established by government authorities.
Assignees: We may disclose your personal data to assignees who assume our rights and obligations.
Banks, Credit Card Companies, and Service Providers: Your personal data may be shared with banks, credit card companies, and their respective service providers.
Individuals with Your Consent: We may disclose your personal data to individuals as determined by you or the applicable contract, provided you have given your consent.
We have implemented appropriate safeguards to ensure that your personal data is protected when disclosed to these third parties. We prioritize your privacy and always seek to ensure that your personal data is managed with the utmost confidentiality and in compliance with applicable data protection laws and regulations.

Please note that this clause is presented as a general overview and that specific requirements and conditions regarding the disclosure of personal data to third parties may be stated in separate agreements or policies.

III. NeoNomad Services

Once you have successfully registered your NeoNomad Account and completed the identity verification process, you gain access to various NeoNomad Services. These services encompass, but are not limited to:

Crypto-to-crypto Trading
Fiat Trading
NeoNomad (ZARC) Application
Contract Trading
NeoNomad Savings Services
Staking
Multi-Chain Bridge
Swaps
Access to market-related data
Research and other information released by NeoNomad.
Participation in User activities and promotions organized by NeoNomad.

NeoNomad Services may include links to other websites, applications, or resources that are provided by NeoNomad or third parties. Please note that NeoNomad is not responsible for the availability of these external sites, applications, or resources. Furthermore, NeoNomad does not endorse and is not liable for any content, advertising, products, or other materials found on or accessible through these external sources. By using the Services, you acknowledge and agree that NeoNomad is not responsible for any damage or loss, direct or indirect, that may arise from your use of or reliance on any content, products, or services obtained through these external sites or resources. You access and utilize them at your own risk. It is recommended to review the terms of use and privacy policies of any external site, application, or resource that you visit through a link provided by NeoNomad.

You may utilize these services in accordance with the provisions outlined in these Terms, which encompass NeoNomad Platform Rules and any other individual agreements.

NeoNomad reserves the right to:

Provide, modify, or terminate any NeoNomad Services at its discretion, guided by its development plan.
Allow or prohibit specific Users from accessing NeoNomad Services in accordance with the relevant NeoNomad Platform Rules.

Service Usage Guidelines

License to Use NeoNomad Services

By agreeing to these Terms of Use, you are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license from NeoNomad to access and utilize NeoNomad Services on your personal or internal devices, subject to your compliance with the explicit terms and conditions outlined in these Terms. This license is provided to you on a royalty-free basis.

You may access and use NeoNomad Services for your personal or internal purposes only. However, you are expressly prohibited from using the services for commercial purposes, including conducting transactions on behalf of others. Engaging in any such activities violates these Terms and constitutes a material breach.

NeoNomad retains the discretion to determine the content layout, format, function, and access rights associated with NeoNomad Services. Any rights not explicitly granted in these Terms are reserved by NeoNomad. Therefore, you are prohibited from using NeoNomad Services in any manner not authorized by these Terms.

Ownership and Intellectual Property

You acknowledge and agree that by using NeoNomad Services, NeoNomad does not transfer the ownership or intellectual property rights of any NeoNomad intellectual property to you or any other party. All the content, including text, graphics, user interfaces, visual interfaces, photographs, sounds, process flow diagrams, computer 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 NeoNomad Services, are exclusively owned, controlled, and/or licensed by NeoNomad Operators, its members, parent companies, licensors, or affiliates.

Feedback and Intellectual Property

Any feedback, suggestions, ideas, or other information or materials (collectively referred to as "Feedback") that you provide to NeoNomad through email, NeoNomad Services, or any other means shall become the property of NeoNomad. By providing Feedback, you transfer all rights, ownership, and interests related to the Feedback, including any associated intellectual property rights, to NeoNomad. You hereby waive any requests for acknowledgment or compensation based on any Feedback or any modifications derived from any Feedback.

Restrictions

When using NeoNomad Services, you agree to abide by the following provisions:

All activities conducted during your use of NeoNomad Services must adhere to the requirements of applicable laws and regulations, these Terms, and various NeoNomad guidelines.
Your utilization of NeoNomad Services must not infringe upon public interests, public morals, or the legitimate interests of others. This includes refraining from actions that may interfere with, disrupt, harm, or prohibit other Users from using NeoNomad Services.
You pledge not to engage in market manipulation while using the services. This includes activities such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing, or layering, regardless of whether they are prohibited by law.
Commercial uses of NeoNomad data without written consent from NeoNomad are prohibited. This includes:
Providing trading services that rely on NeoNomad quotes or market bulletin board information.
Offering data feeding or streaming services using any market data from NeoNomad.
Operating any other websites, apps, or services that charge for or profit from (including through advertising or referral fees) market data obtained from NeoNomad.

e. Use Restrictions

Without prior written consent from NeoNomad, you are prohibited from engaging in the following actions:

Modifying, replicating, duplicating, copying, downloading, storing, further transmitting, disseminating, transferring, disassembling, broadcasting, publishing, removing, or altering any copyright statement or label, or licensing, sublicensing, selling, mirroring, designing, renting, leasing, private labelling, granting security interests in the properties, or any part of the properties, or creating derivative works, or otherwise exploiting any part of the properties.
Using deep linking, web crawlers, bots, spiders, or any 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. This includes replicating or bypassing the navigational structure or presentation of NeoNomad Services to obtain or attempt to obtain any materials, documents, or information not intentionally provided through NeoNomad Services.
Attempting to access any part or function of the properties without proper authorization, or connecting to NeoNomad Services, NeoNomad servers, or any other systems or networks of NeoNomad Services through hacking, password mining, or any other unlawful or prohibited means.
Probing, scanning, or assessing the vulnerabilities of NeoNomad Services or any network connected to the properties or violating any security or authentication measures on NeoNomad Services, or any network connected to NeoNomad Services.
Engaging in reverse look-up, tracking, or seeking to track any information of any other Users or visitors of NeoNomad Services.
Taking actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of NeoNomad Services or NeoNomad, or the infrastructure of any systems or networks connected to NeoNomad services.
Using any devices, software, or routine programs to interfere with the normal operation of NeoNomad Services, disrupt any transactions on NeoNomad Services, or interfere with any other person's use of NeoNomad Services.
Forging headers, impersonating, or otherwise manipulating identification to disguise your identity or the origin of any messages or transmissions sent to NeoNomad.
Using NeoNomad Services in an illegal manner.

Crypto-to-crypto Trading

Upon completing registration and identity verification for your NeoNomad Account, you gain the ability to engage in Crypto-to-crypto Trading on NeoNomad in accordance with these Terms and NeoNomad Platform Rules.

a. Orders

When you send an instruction to use NeoNomad Services for Crypto-to-crypto Trading (an "Order"), your account will be promptly updated to reflect the open Orders, and your Orders will be added to NeoNomad's order book to match with other users' Orders. If your Order fully or partially matches another user's Order, NeoNomad will execute an exchange (a "Transaction"). Following the Transaction's execution, your account will be updated to indicate whether the Order has been fully executed and closed or partially executed. The Order will remain incomplete until it is either fully executed or cancelled as described in paragraph (b) below. To complete a Transaction, you grant NeoNomad temporary control over the Digital Currencies involved in your Transaction.

b. Cancellation

For Orders initiated through NeoNomad Services, you may only cancel them before they have been matched with other Users' Orders. Once your Order matches another user's Order, you cannot change, revoke, or cancel NeoNomad's authorization to complete the Order. If you have a partially matched Order, you can cancel the unmatched portion unless it has been matched. NeoNomad reserves the right to reject any cancellation requests related to the Order you submitted. If your account lacks sufficient Digital Currencies to execute an Order, NeoNomad may either cancel the entire Order or execute part of the Order using the Digital Currencies available in your account (with any Transaction-related fees payable to NeoNomad deducted as stated in paragraph (c) below).

c. Network Fees & Price Estimates

In relation to your utilization of our Services, you acknowledge and agree that you are responsible for covering all fees associated with the interaction and usage of specific blockchain networks, including but not limited to the Solana blockchain, Ethereum, and BNB smart chain protocol, as determined by NeoNomad. These fees may encompass various costs such as "gas" expenses and other fees as indicated on the NeoNomad website at the time of utilizing the Services. This includes trading fees and network access fees.

You hereby agree to remit the specified fees to NeoNomad as outlined on the http://neonomad.io/ website. NeoNomad reserves the right to modify these fees at its sole discretion. Any updated fees will be applicable to sales or other transactions completed after the effective date of the fee updates. By accepting these Terms, you authorize NeoNomad to deduct any applicable fees from your account.

Please note that the fees associated with blockchain networks are subject to change and depend on several factors, such as network congestion and transaction complexity. NeoNomad may provide estimated price indications, but these are subject to fluctuation and should not be considered as guarantees. Actual costs may vary based on prevailing network conditions and the specific nature of your transactions.

It is your responsibility to review and understand the applicable network fees prior to conducting any transactions on the NeoNomad platform. By utilizing the Services, you acknowledge that NeoNomad is not liable for any fluctuations in network fees, or any associated costs incurred while utilizing the Services.

If you have any questions or concerns regarding network fees, it is recommended that you refer to the NeoNomad website or contact customer support for further clarification. By continuing to utilize the Services, you affirm your understanding and acceptance of the network fees and price estimates outlined in these Terms.

d. Other Types of Crypto-to-crypto Trading

In addition to direct order placement in Crypto-to-crypto Trading, NeoNomad may, at its discretion, offer technical and platform services for other types of Crypto-to-crypto Trading as outlined separately formulated NeoNomad Platform Rules, such as One Cancels the Other (OCO) and block trade.

e. Fiat Trading

Before engaging in Fiat Trading, you must read and agree to User Agreements with various NeoNomad partnered OTC platforms, as well as comply with the Legal Statement, Privacy Policy, P2P User Transaction Policy, and other specific NeoNomad Platform Rules related to Fiat Trading. You are also required to open an account on such NeoNomad OTC platforms after completing registration and identity verification for your NeoNomad Account.

f. Fiat Payments

By opting for Fiat Trading, you acknowledge that NeoNomad XXchange OÜ (registration number: 16415401) located at Harju maakond, Tallinn, Kesklinna Linnaosa, Roseni tn 13, 1011, Estonia; Neonomad International UAB (Registration number 306290353) located at Office 506, 5th Floor Žalgirio str. 88-101, Vilnius, LT-09303, Lithuania; NeoNomad Xchange (Pty) Ltd (Registration number 2021/505072/07) located at Unit 105B, The Old Cape Quarter, 72 Waterkant street, Green Point, Cape Town, Western Cape, 8005, South Africa, will be the NeoNomad Operators responsible for transactions, including refunds and cancellations. NeoNomad UAB is responsible for transactions processed by Visa. NeoNomad UAB's activities are subject to the laws of the Republic of Lithuania.

Deposits and Withdrawals:

To use the NeoNomad app ("App") and its services, users must comply with the following terms regarding deposits and withdrawals:

Deposits:

To transact on the App, users must first deposit fiat currency into their NeoNomad Account wallet(s) ("Wallet(s)") using either digital currency or fiat currency. Acceptable digital currencies on the App include cryptocurrencies, crypto tokens, and other crypto assets ("Cryptos"), or Fiat currency in digital form, such as ZARC, as determined by NeoNomad. Deposits can be made from a bank account through electronic funds transfer (EFT), or certain approved credit and debit cards as permitted by NeoNomad. Cash or cheque deposits are not allowed.

Users must obtain a reference code through the NeoNomad app before depositing fiat into their Wallet. This reference code ensures the proper allocation of funds. Failure to provide or correctly record the funding code may result in incorrect allocation, for which NeoNomad cannot be held responsible.

If an Account Holder identifies that Digital Fiat or Cryptos have been mistakenly credited to their NeoNomad Account, they must notify NeoNomad promptly and follow any instructions issued by NeoNomad to rectify the error. The Account Holder has no claim or entitlement to mistakenly received Fiat or Cryptos and must comply with NeoNomad's instructions. Failure to comply may lead to account suspension.

Withdrawals:

Users may periodically withdraw Cryptos by transferring them from their NeoNomad Account to a non-controlled address provided by the user ("Self-custody wallet Address").

Withdrawals of Fiat Funds, if permitted, can be made to a Linked Bank Account held in the user's name.
Users are responsible for ensuring that withdrawals comply with NeoNomad's requirements, third-party service provider requirements, and Crypto requirements.
Withdrawals to External Addresses or Linked Bank Accounts present on prohibited lists, such as government or international sanctions lists, are prohibited.
NeoNomad will process withdrawals as promptly as possible upon receipt of the request.

Users are responsible for:

Paying any fees charged by third-party service providers associated with Linked Bank Accounts or External Addresses, as well as fees charged by NeoNomad for transfers or services. NeoNomad reserves the right to update or change fees at its discretion.
Ensuring compliance with NeoNomad's requirements, third-party service provider requirements, and Crypto requirements for deposits or withdrawals.
Verifying that the destination address for Crypto transfers is correctly formatted and suitable for the specific Crypto being transferred.
Reviewing deposit and withdrawal instructions carefully to prevent errors. In the event of non-compliance, transferred Cryptos may be permanently lost.
Acknowledging that NeoNomad may impose limits on deposits or withdrawals or suspend/terminate the ability to transfer Cryptos into or out of a user's NeoNomad Account to comply with applicable laws or regulations, law enforcement or governmental orders, or at NeoNomad's discretion.

By using the NeoNomad App and its services, users agree to abide by these terms related to deposits and withdrawals. Failure to comply may result in account suspension, termination, or other consequences as determined by NeoNomad.

NeoNomad Savings Service

NeoNomad offers the NeoNomad Savings service, designed to provide users with value-added benefits for their idle Digital Assets. To utilize the NeoNomad Savings service, you must enter a separate NeoNomad Savings Service User Agreement and establish a resolute NeoNomad Savings service account after completing the registration and identity verification for your NeoNomad Account. When using the NeoNomad Savings service, please take note of the following:

NeoNomad Savings assets will be employed in cryptocurrency leveraged borrowing and other related activities.
By utilizing the NeoNomad Savings service, you unequivocally grant NeoNomad authorization to allocate and dispense leveraged interest in accordance with the NeoNomad Platform Rules. You are required to adhere to relevant laws and regulations to ensure that the sources of your Digital Assets are legitimate and compliant when utilizing the NeoNomad Savings service. a. When employing the NeoNomad Savings service, it is imperative to fully acknowledge the risks associated with investing in Digital Assets and proceed with caution.
You consent that all investment transactions conducted through NeoNomad accurately reflect your genuine investment intentions, and you unconditionally accept both the potential risks and rewards of your investment decisions.
NeoNomad retains the right to suspend or terminate the NeoNomad Savings service. If deemed necessary, NeoNomad may suspend or terminate the NeoNomad Savings service at any time.
Owing to factors such as network delays, computer system failures, and other unforeseeable circumstances, there may be delays, suspensions, terminations, or deviations in the execution of the NeoNomad Savings service. NeoNomad will make reasonable efforts to ensure the stable and effective operation of the NeoNomad Savings service execution system, but it does not assume responsibility if the final execution does not meet your expectations due to the aforementioned factors.

Staking Programs

NeoNomad offers Staking Contracts for specific types of Digital Currencies as a reward for users who hold such Digital Currencies in their NeoNomad Accounts.

When participating in Staking Programs, please consider the following:

Availability: Staking opportunities are periodically introduced by NeoNomad for specific types of Digital Currencies, subject to specific rules.

Consent: To utilize the Staking services, Eligible Account Holders must:
1. Acquire or hold a Supported Digital Asset.
2. Provide consent for Staking by accessing NeoNomad's staking service from their Wallet and confirming their intention to stake the Supported Digital Asset. This process involves specifying the amount and duration for the assets to be locked up and approving the transaction within the user's self-custody wallet.
3. These actions collectively form the "enrolment" process. By enrolling, the Account Holder agrees to:
  1. Allow the Asset(s) to be staked to participate in the staking services.
  2. Have the Staked Assets locked into the NeoNomad smart contract for the chosen duration to facilitate staking on the relevant protocol.
  3. The Account Holder retains the rights, title, and ownership of the Staked Assets always.

NeoNomad does not gain any possession over the Staked Assets, and they are not subject to any claims from NeoNomad's creditors. The Staked Assets will not be sold, loaned, transferred, hypothecated, or disposed of by NeoNomad unless required by law and directed by the Eligible Account Holder.

Lockup Period: By utilizing NeoNomad's Staking service, Eligible Account Holders acknowledge and accept that the Staked Assets are subject to a specified lockup period. During this period, the Account Holder is prohibited from selling or transferring the Staked Assets. The exact duration of the lockup period will be determined solely by NeoNomad. Regardless of the circumstances, the Account Holder is prohibited from removing or withdrawing the Staked Assets from NeoNomad's Platform throughout the vesting period.

Unstaking: To withdraw the staked tokens and return them to their wallet, Eligible Account Holders must connect their wallet to the NeoNomad dApp and initiate the unstaking process. This action will trigger the tokens to be withdrawn from the staking contract. During the unstaking process, the Eligible Account Holder should be aware that the receipt of Rewards may vary depending on the specific protocol being used. The Eligible Account Holder should understand any applicable rules or conditions that govern the distribution of Rewards when unstaking their tokens.

Rewards: By staking Supported Digital Assets on the NeoNomad site, Eligible Account Holders may have the opportunity to earn Rewards for contributing to liquidity. NeoNomad's smart contract will distribute to the Account Holder their share of the Rewards, corresponding to the applicable percentage based on the Account Holder's Staked Assets. Eligible Account Holders acknowledge and agree that:

The frequency and intervals of Rewards will be determined solely by NeoNomad at their discretion.
The type of Supported Digital Asset protocol used for staking may result in varying Rewards.
NeoNomad does not guarantee the receipt of any Staking Rewards or fixed APY (Annual Percentage Yield).

Risks: The Staking service carries certain risks that Eligible Account Holders should be aware of. It is important to understand these risks before participating. By agreeing to these terms, Eligible Account Holders acknowledge and understand the following:

NeoNomad does not guarantee the receipt of Rewards. The applicable Reward percentage:
May change at any time.
Is not guaranteed and is solely an estimate.
May differ from the estimated Staking Rewards APY.
Eligible Account Holders need to carefully assess their objectives, risk tolerance, and financial resources to determine the suitability of participating in the Staking service.

The following specific risks related to Staking should be taken into consideration:

Market Risk: The price of the staked Eligible Assets is subject to volatility, and as a result, your investment may decrease significantly.
Liquidity Risk: Assets with low liquidity may be difficult or impossible to sell, potentially leaving you with an illiquid asset.
Lockup Period: As mentioned earlier, during the lockup period, you may be unable to withdraw your Staked Assets. Consequently, if the market experiences a decline, the value of your investment will also decrease.

It is important to thoroughly understand these risks and evaluate the potential impact on your investment before engaging in the Staking service. The Rewards and Risks clauses apply to all services provided by NeoNomad. Whether you are staking, trading, or utilizing any other service, the earning and distribution of Rewards, as well as the associated risks, are subject to the terms and conditions outlined in these clauses.

j. Promotions Clause

The following clause, referred to as the "Promotions Clause," forms a part of the Terms of Use policy ("Agreement") governing the usage of NeoNomad services:

Promotions: NeoNomad, either directly or in collaboration with selected third parties, may periodically organize and conduct promotions, competitions, giveaways, or campaigns. By choosing to participate in any Promotion, you, as the Account Holder, hereby agree to abide by the rules and guidelines established by NeoNomad on the Website, social media, or other official NeoNomad platforms.
NeoNomad's Discretion: NeoNomad reserves the exclusive right, exercised at its sole discretion and without prior notice, to determine, amend, or modify the terms and conditions of any Promotion. This includes but is not limited to the right to cancel, extend, terminate, or suspend a Promotion. Furthermore, NeoNomad reserves the right to modify the eligibility requirements, criteria, and the selection process for winners at its discretion.
Prizes "As-Is" Basis: Prizes awarded through Promotions are provided on an "as-is" basis. NeoNomad makes no warranties or guarantees regarding the extent, presence of defects (patent or latent), nature, quality, legality of improvements, or the legality of any activities associated with the awarded prizes. As a result, NeoNomad shall not be held liable for any damages incurred due to or arising from the prizes.
Prize Distribution: Following the announcement of winners, NeoNomad will endeavour to distribute the prizes within a reasonable period as specified in the corresponding Promotion. The distribution will be conducted using the prescribed method detailed in the Promotion's terms.
Acceptance and Agreement: By continuing to use the NeoNomad services, you hereby acknowledge that you have read, understood, and agreed to comply with the terms and conditions of this Promotions Clause as part of the overall Agreement.

k. Other Services

At our discretion, we may introduce new services in the future. These additional products will be considered as a "Service" under this Agreement, regardless of whether they are explicitly defined within this document.

IV. NeoNomad POS (point of sale) Service Agreement

By using the payment solution provided by NeoNomad, which integrates SolanaPay, you agree to the following terms and conditions:

Payment Processing: NeoNomad's payment solution allows you to make purchases using SolanaPay (https://solanapay.com/tos) at point-of-sale (POS) terminals. By initiating a transaction, you authorize NeoNomad to process the payment, deduct the agreed amount from your SolanaPay wallet or designated account, and transfer the funds to the relevant merchant's account.
Transaction Verification: All transactions made through NeoNomad's payment solution are subject to verification. We reserve the right to perform necessary checks to ensure the legitimacy of each transaction, including but not limited to confirming the availability of funds, verifying user information, and complying with anti-money laundering regulations.
Transaction Fees: As a user, you understand and acknowledge that NeoNomad may charge transaction fees for processing payments. These fees will be clearly communicated to you before initiating a transaction, allowing you to review and accept the associated costs. The applicable fees may be subject to change, and any modifications will be communicated in advance.
Security: NeoNomad makes every effort to ensure the security and confidentiality of your payment details. However, we recommend that you take necessary precautions to safeguard your SolanaPay wallet or designated account information. NeoNomad shall not be held responsible for any unauthorized access, loss, or misuse of your account details as a result of your negligence.
Integration with SolanaPay: NeoNomad's payment solution integrates with SolanaPay using established protocols. While we strive for seamless integration, occasional disruptions, technical glitches, or system maintenance may occur. NeoNomad will make diligent efforts to minimize any such downtime and restore normal services as quickly as possible.
Limitation of Liability: By using NeoNomad's payment solution, you agree that NeoNomad and its affiliates shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use or inability to use the payment solution, including but not limited to monetary loss, loss of data, or interruptions in business operations.
Modifications to the Terms: NeoNomad reserves the right to modify, update, or revise these terms and conditions of use at any time. Users will be notified of any major changes via email or other suitable communication channels. By continuing to use the payment solution after such modifications, you accept and consent to the updated terms.

Please read these terms carefully before using the payment solution provided by NeoNomad. By initiating a transaction, you indicate your understanding, acceptance, and agreement to abide by these terms and conditions.

V. Liabilities

Disclaimer of Warranties

To the fullest extent permitted by applicable law, NeoNomad Services, NeoNomad Materials, and any product, service, or other item provided by or on behalf of NeoNomad are offered on an "as is" and "as available" basis. NeoNomad expressly disclaims, and you waive, 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, NeoNomad does not represent or warrant that the Site, NeoNomad Services, or NeoNomad Materials are accurate, complete, dependable, current, error-free, or free of viruses or other harmful components. NeoNomad 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 NeoNomad Services.

Without limiting the foregoing, you hereby understand and agree that NeoNomad will not be liable for any losses or damages arising out of or relating to:

Any inaccuracy, defect, or omission of digital asset price data.
Any error or delay in the transmission of such data.
Interruption in any such data.
Regular or unscheduled maintenance conducted by NeoNomad and service interruption and change resulting from such maintenance.
Any damages incurred by other users' actions, omissions, or violation of these Terms.
Any damage caused by illegal actions of other third parties or actions without authorization by NeoNomad.
Other exemptions mentioned in disclaimers and platform rules issued by NeoNomad.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by the applicable law of the jurisdiction in which you reside.

Disclaimer of Damages and Limitation of Liability

To the fullest extent permitted by applicable law, NeoNomad, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors will not be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities whatsoever. This includes without limitation, damages for loss of data, information, revenue, profits, or other businesses or financial benefits arising out of NeoNomad Services, any performance or non-performance of NeoNomad Services, or any other product, service, or other item provided by or on behalf of NeoNomad and its affiliates.

This limitation of liability applies whether the claim arises under contract, statute, strict liability, or any other theory, even if NeoNomad 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 NeoNomad's gross negligence, fraud, wilful 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 NeoNomad, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of services offered by or on behalf of NeoNomad and its affiliates, any performance or non-performance of NeoNomad 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 NeoNomad under these Terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.

Risks:

By accessing or using the Services or interacting with the Site, you acknowledge and understand the inherent risks associated with cryptographic systems, blockchain-based networks, and digital assets. These risks include potential changes in operating rules ("forks"), advancements in code cracking, and other technical breakthroughs such as quantum computers that may impact the Services. Please note that NeoNomad does not control the underlying software of blockchain networks, which are open source and subject to modification by any party.

The Services and your Digital Assets may be affected by regulatory inquiries or actions that limit NeoNomad's ability to continue providing the software or access to the Services. Smart contracts, blockchains, and digital assets carry technological, security, and financial risks. Transaction costs on blockchains can fluctuate, leading to potential losses, price fluctuations, or increased costs.

While we strive to provide accurate and up-to-date information, technical inaccuracies, typographical errors, and changes to the information may occur. It is your responsibility to verify information before relying on it. The accuracy, completeness, or appropriateness of pricing information cannot be guaranteed.

Using the Services requires understanding of applied cryptography and computer science, as well as the risks associated with each type of digital asset. Engaging in activities such as trading or staking digital assets, borrowing, or supplying digital assets, trading on margin, or entering derivatives and swaps contracts carries financial risk. Transactions made through the Services are irreversible. You should consider your circumstances and financial resources before engaging in such transactions.

By using the Services, you confirm that you have independently evaluated the risks associated with transactions and digital assets. You accept all consequences of using the Services and acknowledge the risk of permanent loss of access to your Digital Assets. All transaction decisions are made at your sole discretion. We disclaim responsibility or liability for your use of the Services, including any digital asset transactions or derivative contracts.

By using the Services, you agree that NeoNomad shall not be held responsible or liable for the risks outlined in this section. You waive, release, and discharge all claims against NeoNomad, its affiliates, and their respective personnel related to these risks. NeoNomad will not be responsible or liable for any losses, damages, or claims arising from your use of the Services, including user errors, server failure, cryptocurrency wallet issues, or third-party activities.

1. Indemnification

You hereby agree to indemnify and hold harmless NeoNomad Operators, 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 and fines or penalties imposed by any regulatory authority). These claims and actions may arise out of or be related to:

Your use of NeoNomad Services,
Your conduct in connection with NeoNomad Services,
Your breach of these Terms or our enforcement of these Terms, or
Your violation of any applicable law, regulation, or the rights of any third party during your use of NeoNomad Services.

If you have an obligation to indemnify NeoNomad Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees, or agents pursuant to these Terms, NeoNomad reserves the right, at its sole discretion, to control any action or proceeding and to determine whether NeoNomad wishes to settle any such claims, and if so, on what terms.

VI. Announcements

Please note that all official announcements, news, promotions, competitions, and airdrops will be published on our website www.neonomad.io or our official Telegram https://t.me/NeoNomadFinance. Users are required to refer to these materials regularly and promptly. NeoNomad will not be held liable or responsible for any compensation if users incur personal losses due to ignorance or negligence regarding these announcements.

Termination of Agreement

Suspension of NeoNomad Accounts

You acknowledge and agree that NeoNomad has the right to promptly suspend your NeoNomad Account, freeze or lock the Digital Assets or funds in all associated accounts, and suspend your access to NeoNomad Services without prior notice for any reason. This includes situations where NeoNomad suspects a violation of these Terms, our Privacy Policy, or any applicable laws and regulations. NeoNomad shall not be liable to you for any permanent or temporary modifications to your NeoNomad Account, or for the suspension or termination of your access to all or any part of NeoNomad Services. NeoNomad also reserves the right to retain and utilize transaction data or other information related to such NeoNomad Accounts. These account controls may be applied in the following cases:

The NeoNomad Account is subject to a governmental proceeding, criminal investigation, or other pending litigation.
Unusual activities are detected in the NeoNomad Account.
Unauthorized access to the NeoNomad Account is detected.
NeoNomad is required to do so by a court order or regulatory/government authority.

Cancellation of NeoNomad Accounts

NeoNomad may terminate these Terms and cancel your NeoNomad Account in the following events. NeoNomad may also permanently freeze (cancel) the authorizations of your NeoNomad Account and withdraw the corresponding NeoNomad Account:

NeoNomad terminates services to you.
You allegedly register or register in any other person's name as a NeoNomad User again, directly, or indirectly.
The information you provided is untruthful, inaccurate, outdated, or incomplete.
You express your unwillingness to accept the amended Terms when these Terms are changed, either by applying for the cancellation of your NeoNomad Account or through other means.
You request the termination of NeoNomad Services.
Any other circumstances where NeoNomad deems it necessary to terminate NeoNomad Services.

Upon termination, account and transactional information that meets data retention standards will be securely stored for 5 years. Additionally, if a transaction remains unfinished during the account termination process, NeoNomad may notify your counterparty of the situation. You acknowledge that user-initiated account exits (right to erasure under GDPR (General Data Protection Regulation) or other equivalent regulations) will also be subject to the termination protocol stated above.

Remaining Funds After NeoNomad Account Termination

Unless otherwise stated in paragraph 4 below, following the closure or withdrawal of a NeoNomad Account, all remaining account balances (including any charges and liabilities owed to NeoNomad) will become immediately payable to NeoNomad. After settling any outstanding charges with NeoNomad, Users will have a 5-business day window to withdraw all Digital Assets or funds from their accounts.

In cases where NeoNomad terminates a NeoNomad Account due to fraud, violations of law, or violations of these Terms, NeoNomad will retain full custody of the Digital Assets, funds, and User data/information. These assets and data may be disclosed to governmental authorities in the event of NeoNomad Account suspension or closure resulting from fraud investigations or violations of the law or these Terms.

No Financial Advice

NeoNomad does not function as your broker, intermediary, agent, or advisor. Consequently, it assumes no fiduciary responsibility or obligation in connection with any trades or decisions you make using NeoNomad Services. Information or communication provided by NeoNomad should not be considered as investment advice, financial advice, trading advice, or any form of guidance. All trades are executed automatically, following the parameters defined in your order instructions and adhering to the posted trade execution procedures, unless explicitly stated otherwise in these Terms.

You are solely responsible for assessing the appropriateness of any investment, investment strategy, or related transaction based on your personal investment objectives, financial situation, and risk tolerance. Any resulting losses or liabilities are your sole responsibility. If you have specific legal or tax concerns, it is advisable to consult with professionals in those fields who can offer tailored guidance according to your situation.

NeoNomad does not provide recommendations for the purchase, sale, earnings, or holding of any Digital Assets. Before deciding to buy, sell, or hold any Digital Asset, it is crucial to conduct your own comprehensive research and consult with your financial advisors. NeoNomad cannot be held accountable for the choices you make regarding the acquisition, sale, or retention of Digital Assets based on information provided by NeoNomad.

X. Compliance with Local Laws

Users bear the responsibility of complying with local laws governing the use of NeoNomad Services within their respective jurisdictions, as well as adhering to all other applicable laws and regulations. Additionally, Users must consider, in accordance with their local laws, all aspects of taxation, including withholding, collection, reporting, and remittance to the relevant tax authorities.

ALL USERS OF NeoNomad SERVICES MUST CONFIRM AND DECLARE THAT THEIR FUNDS ORIGINATE FROM LEGITIMATE SOURCES AND HAVE NOT BEEN OBTAINED THROUGH ILLEGAL ACTIVITIES. USERS FURTHER AGREE THAT NeoNomad MAY REQUIRE THEM TO PROVIDE NECESSARY INFORMATION AND MATERIALS, OR OTHERWISE COLLECT SUCH INFORMATION AND MATERIALS PURSUANT TO RELEVANT LAWS OR GOVERNMENT ORDERS, IN ORDER TO VERIFY THE LEGITIMACY OF THE SOURCES AND USE OF THEIR FUNDS.

NeoNomad maintains a cooperative stance with law enforcement agencies on a global scale and will not hesitate to take actions such as seizing, freezing, or terminating Users' accounts and funds that are flagged or subject to investigation by legal authorities.

XI. Privacy Policy

Access to NeoNomad Services will require the submission of certain personally identifiable information. Please review NeoNomad’s Privacy Policy for a summary of NeoNomad’s guidelines regarding the collection and use of personally identifiable information.

XII. Resolving Disputes: Forum, Arbitration, Class Action Waive

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.

1. Notice of Claim and Dispute Resolution Period: Please contact NeoNomad first! NeoNomad aims to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with NeoNomad, you should contact NeoNomad, and a ticket number will be assigned. NeoNomad will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (these 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 NeoNomad, you agree to set forth the basis of such claim in writing in a "Notice of Claim," as a form of prior notice to NeoNomad. 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 NeoNomad account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with NeoNomad. After you have provided the Notice of Claim to NeoNomad, the dispute referenced in the Notice of Claim may be submitted by either NeoNomad or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to NeoNomad for resolution internally and the delivery of a Notice of Claim to NeoNomad are prerequisites to the commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or NeoNomad shall not be disclosed to the arbitrator.

2. Agreement to Arbitrate and Governing Law: You and NeoNomad Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and NeoNomad (and/or NeoNomad Operators) arising in connection with or relating in any way to these Terms or to your relationship with NeoNomad (and/or NeoNomad Operators) as a user of NeoNomad Services (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to the Agreement to Arbitrate. You and NeoNomad Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in Favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive the termination of these Terms.

3. Arbitration Rules: The arbitration shall be subject to the ECCI Administered Arbitration Rules (EECI. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Estonia Chamber of Commerce and Industry (EECI). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the EECI Rules. Any arbitration will be conducted in the English language. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.

4. Time for Filing: ANY ARBITRATION AGAINST NeoNomad OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE-YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest period permitted by applicable law.

5. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the EECI in accordance with the EECI Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including, without limitation, determinations of the adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with NeoNomad is up-to-date and accurate.

6. Seat of Arbitration: The seat of the arbitration shall be Estonia.

7. Place of Hearing: The location of any in-person arbitration hearing shall be Estonia, unless otherwise agreed to by the parties.

8. Governing Law: These Terms (including this arbitration agreement) shall be governed by and construed in accordance with the laws of Estonia.

9. Confidentiality: The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders, or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the EECI, the parties, their counsel, experts, witnesses, accountants, and auditors, insurers and reinsurers, and any other person necessary for the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect, or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive the termination of these Terms and of any arbitration brought pursuant to these Terms.

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

11. Modifications: NeoNomad reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to applicable law, your continued use of your NeoNomad account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, NeoNomad may block access to your account pending the closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending the closure of your account.

12. Severability: If any portion of these Terms is 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 NeoNomad for clarification via our Customer Support team HERE.

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