Terms and conditions

GENERAL TERMS AND CONDITIONS FOR THE USE OF ANUBIS SERVICES DIGITAL

These Terms & Conditions were last updated on 09/03/2022

GENERAL PROVISIONS AND DEFINITIONS

These general terms and conditions (hereinafter for brevity also just "Contract" or "Terms") govern the use of the services provided by Anubi Digital S.r.l., headquartered at Via Carlo Pascal 7, 12100 Cuneo (CN), C.F. 03913000042, REA number CN-323649 (hereinafter the " Company" or "Anubi Digital") as better defined hereinafter as well as access to the site www.anubidigital.com (the " Site") and the digital interface developed by the Company accessible from the Site (hereinafter, the "Platform") by users (hereinafter, each a " User"). In these Terms, the Company and the User shall each be a " Party" and, jointly, the " Parties".

The use of all DeFi Services (hereinafter defined in clause 1.3) is subject to the full and unconditional acceptance unconditional acceptance of the Terms by the User and of the provisions contained therein as well as any updates and/or additions thereto that may be approved by the Company, to the compliance with the Regulations (hereinafter defined in art. 1.3) applicable as well as to the reading and acceptance of the Privacy Policy provided concurrently with these Terms and available at all times at www.anubidigital.com/privacy . By accessing the Site and using the Services (hereinafter defined in clause 1.3), you acknowledge that you understand the Terms. These Terms apply to any application, program, code, protocol present at any time within the Site even after User's acceptance of these Terms.

The following shall apply in the following definitions:

2FA Process of two- or multi-factor authentication used for access to the Platform;
User Account The personal account of the User accessible within the Platforms through which the User can make use of the DeFi Services. Accounts may be co-owned and each co-owner will have to do the AML verification and will have autonomous credentials;
Anubi Digital Has the meaning given in the epigraph;
Application 2FA Application, web or app-based that allows the User to generate a disposable code (OTP - one time password) to authenticate on the Platform and access their Account and confirm an Order;
Credentials Has the meaning provided in Article 4.3 Start Date The date of completion of the registration process of the User and activation of the User Account;
DeFi Acronym derived from the expression " decentralized finance," an uncoded term denoting the set of applications and technologies involved in the decentralized delivery of certain services aimed at enabling the active use of Digital Assets;
Digital Assets These are the Virtual Currencies, NFTs and other assets based on distributed ledger technologies compatible with the Platform and listed in a appropriate section of the Platform itself;
DLT Distributed ledger technologies i.e., technologies based on distributed ledgers;
Third Party Suppliers Indicates those suppliers, other than Anubi Digital, who provide, as appropriate, services to Anubi Digital and/or to the User;
NFT Non-fungible tokens, i.e., digital non fungible tokens based on DLT;
Normative Laws, regulations, and any other regulations, whether primary or secondary, whether national or supranational, applicable at any time to the Company, the User, the Site, the DeFi Services and/or the Platform where not expressly waived by these Terms;
AML Regulations The set of regulations, primary or secondary, applicable to the User and/or the Company established or referred to by the Legislative Decree 231/2007 containing rules implementing the Directive 2005/60/EC on the prevention the use of the financial system for the purpose of laundering of the proceeds of criminal activities and of financing of terrorism as well as Directive 2006/70/EC laying down its implementing measures;
Liquidity Mining A term for the use of Digital Assets in order of providing liquidity to systems, including decentralized systems, that allow the exchange of Digital Assets;
Order Any action or command given within the Platform by the User and/or his/her delegate duly authorized that results in the provision of a Service or the performance of an action by Anubi Digital in compliance with these Terms;
Excluded Countries The list of countries and/or territories listed in a appropriate section of the Site in which it is not possible to take advantage of the DeFi Services;
Protocols Applications, including smart contracts, developed by third parties including in decentralized form and made available to the User through the Platform;
Services The Additional Services, the DeFi Services, the Service Custody and the OTC Desk Service;
Additional Services The Services described in Article 2.1 (iii);
DeFi Services The Services described in Article 2.1 (ii) Custodial Service. The Services described in Art. 2.1.(i);
OTC Service The Service described in Article 2.1 (iv);
Third Party Services The services outlined in Article 2.3;
Staking Term for the act of locking Digital Assets within DeFi Protocols to allow the performance of activities useful to specific DLTs such as. example, the validation of transactions or the exercise of governance rights;
Terms These Terms including their attachments in the version from time to time made available on the Site;
User Any natural or legal person who accesses the Site and makes use of the Platform;
Virtual Currency The digital representation of value, neither issued nor guaranteed by a central bank or authority public authority, not necessarily linked to a currency having legal tender status, used as a medium of exchange for the purchase of goods and services or for purposes of investment and transferred, stored and traded electronically;
Wallet Digital wallet associated with the User Account and generated by the Platform at the request of the User for the deposit of Digital Assets.
SUBJECT OF CONTRACT AND PERFORMANCE OF SERVICES

Subject to compliance with the conditions set forth in these Terms, Anubi Digital makes available to the User certain services that allow the User to to perform different activities and benefit from different services having object of its Digital Assets and namely:

  1. to guard its Digital Assets (hereinafter referred to as the " Custody Service");
  2. deposit, through the Platform, their own Digital Assets on DeFi Protocols that enable the User to receive a return proportional to the amount of Digital Assets deposited and the duration of the said deposit ("DeFi Services");
  3. Specialized consulting services in relation to the Digital Assets owned by the User (the " Additional Services");
  4. purchase/sell Digital Assets through Third Party Providers, according to a procedure whereby Anubi Digital guides the User in the purchase of Digital Assets through the communication channels of the aforementioned Third Party Providers ("OTC Desk Service"). Anubi Digital in such case is not responsible for execution of the order nor for any anomalies that may occur in the execution of the OTC Desk Service. The liability of Anubi Digital is limited for all effect of law solely to the activities that it puts in place and that are subject to the Company's control.

The Custody Services, the DeFi Services, the Additional Services, and the OTC Desk Service, hereinafter, the "Services".

In offering the Services through the Platform, Anubi Digital does not conduct any form of personalized recommendation, solicitation of public savings or any other form of activity subject to reservation of assets under the Regulations applicable. Anubi Digital merely makes available to User a technical interface to access the Services and, with particular reference to the DeFi Services, the possibility technical possibility for the User to interact with the Protocols identified by Anubi Digital. With reference to the Digital Assets of the User, Anubi Digital does not perform any activity management except as expressly provided in these Terms to give effect to the limited obligations undertaken by the Company (including, without limitation, the withdrawal of the Digital Assets of the User from the Protocols as a result the exercise of the right of withdrawal by the User or Anubi Digital's interventions as a result of adverse news of which Anubi Digital should become aware regarding the Protocols).

Within the Platform, the User may have access to the following services or products of companies other than Anubi Digital with which Anubi Digital may have agreements or forms of partnership (the " Third Party Services"). To use the Third Party Services, the User must agree to the relevant terms of use and grant Anubi Digital permission to share some of the User's data with the entity providing the Service. Third Party of interest to the User. Anubi Digital takes special care to carefully select the providers of Third Party Services, but does not assume any liability in any capacity whatsoever in connection with the Third Party Services on the grounds the fact that the service or product provided is governed by a specific contract entered into directly by the Userand by the entity providing the Third Party Service. Anubi Digital does not participate in the development, offering or marketing of the Third Party Services nor can it control the performance of the providers of the Third Party Services (e.g. on how they deliver the service or treat the User's data once transferred). In the event of any problems, questions or concerns, the User should communicate directly with the Third Party Service provider. All contractual remedies, rights and commitments provided in the conditions governing the Third Party Service chosen by the User shall be exercisable exclusively against the provider of the aforementioned service and not against Anubi Digital which is extraneous to the contractual relationship that is formed between the User and the provider.

Anubi Digital may add to the functionality of the Third Party Services platform to empower its Users to enhance the value of their Services and/or Digital Assets without losing the convenience of using only a single interface. However, the User expressly acknowledges that the presence of Third Party Services within the Platform does not constitute an invitation by Anubi Digital to use that Third Party Service. The choice whether to use a Third Party Service is solely up to the User based on the information made available by the provider of the Third Third Party. It is important that the User carefully read the terms of use and privacy policy of the provider as well as any other documentation of the Third Party Service of your of interest before deciding to use its services or products.

The Services offered by Anubi Digital relate to Digital Assets that on the basis of the Company's prudent assessment are do not fall under the notion of "financial product" under terms of Legislative Decree 58/1998. The Company reserves the right at any time time to add or remove specific Virtual Currencies, types of NFTs or other Digital Assets from the list of Digital Assets allowed at its sole discretion. Also in view of the nature of Digital Assets, the Platform does not constitute a regulated market, a multilateral trading facility, an organized of trading, a systematic internaliser or an execution venue execution (trading venue) within the meaning of the Regulatory applicable nor does it constitute a channel for the offering of financial instruments or products or for the receipt and transmission of orders within the meaning of the Regulations applicable to the financial markets. Anubi Digital is not authorized to provision of investment services and activities within the meaning National and European Regulations.

Provisions applicable to Custodial Service

Anubi Digital offers the Custody Service consisting of. in the storage, within the Platform, of the Digital Assets that the User will transfer to his/her own Wallet. At Anubi Digital's option, the Service of. Custody may consist of:

  1. In the preservation of the Digital Assets in a form segregated from the Digital Assets of other Users and/or Anubi Digital itself;
  2. in the storage of the Digital Assets within a wallet containing Digital Assets also of other Users.

Without prejudice to any further and different covenants contained in these Terms, Anubi Digital may move the Digital Assets subject to the Custody Service only as a result of an Order given by the User or by its duly authorized delegate. Anubi Digital reserves the right to use all or part of the services of Third Party Providers for the provision of one or more of the services or features necessary for the delivery of the Custodial Service.

Anubi Digital reserves the right to take out one or more policies to cover the loss, even partial, of the Digital Assets covered by the Custody Service indicating, at its own discretion, the details thereof within the the Platform.

Provisions applicable to Additional Services

Additional Services consist of one or more services designed to provide the User with specialized assistance in the field of Digital Assets. To take advantage of the Additional Services, the User must send an e-mail to the address indicated in the appropriate section of the Site or send a message via the appropriate interactive form present within the Platform. The User will be contacted by a representative of Anubi Digital to discuss the feasibility and delivery of the Additional Service.

Additional Services may be provided, as appropriate the case, by Anubi Digital and/or by professionals selected by Anubi Digital. In the event that the Additional Services Additional Services are provided by professionals and/or parties third parties other than Anubi Digital, the provision of the Additional Service Additional will be governed, in whole or in part, by a specific agreement between the User and the professional and/or third party involved.

Provisions applicable to DeFi Services

The DeFi Services consist of the possibility for the User to to allocate, in complete autonomy and without any personalized indication, advice or recommendation by Anubi Digital, its Digital Assets within the Protocols available within the Platform. Unless otherwise indicated within the Platform, the Protocols have not been developed nor are they managed and/or administered by Anubi Digital.

You expressly acknowledge that the DeFi Services exclusively enable active use of its Digital Assets for the purpose of obtaining an accretion, on a percentage percentage ("APY"), of the amount deposited within the Protocol. Unless otherwise specified, the APY referred to individual Protocols shall be understood to be on an annual basis and commensurate with the amount of Digital Assets deposited. The crediting of what is generated by the Protocols shall be made on a monthly basis to the Wallet of the User unless a different periodicity is indicated within the Platform.

Unless otherwise specified, the actual APY will be proportional to the time that the Digital Assets will be deposited within the Protocol. It remains expressly acknowledged and accepted by the User that the APY associated with the Protocols and indicated within the Platform are indicative and not binding for Anubi Digital as they are dependent on the operation of the Protocol and/or the underlying DLT.

Anubi Digital may, in relation to Digital Assets compatible with the Platform, assume the role of a validator (individually or in combination with other validators) and, to the effect, participate in the activity technical validation of transactions entered into the DLT of reference. In connection with this activity of validation Anubi Digital may make available one or more Protocols to enable the participation of the User in the pool of validation by depositing a specific type of Digital Assets within the Protocol.

The Protocols made available to the User through the Platform may provide the option for the User to withdraw the initial deposit, if any, inclusive of the amount of Digital Asset generated by the Protocol or provide for the initial deposit to be unavailable for a certain period of time. The User expressly acknowledges and accepts that the deposit of Digital Assets within Protocols of the type indicated in the preceding sentence will result in the unavailability of the deposited Digital Assets until the expiration of the blocking period.

The allocation and withdrawal of Digital Assets within one or more Protocols is solely up to the User. However, in case of news and/or data and/or verification techniques from which significant risks to the security of the Protocols and the Digital Assets therein deposited ("Adverse News"), Anubi Digital reserves the reserves the right to intervene autonomously and, ie, without prior Order of the User and, at its sole discretion: (i) remove the Digital Assets from the Protocol to which the Adverse News refers and transfer them to the Wallet of the User by informing the the User; (ii) inform the User of the existence of the Adverse News by means of an email or by sending a notification within the Platform. Neither this article nor the exercise of the right provided herein by by Anubi Digital shall not be construed as apt to constitute a commitment on the part of Anubi Digital about the verification of the security and/or reliability of the Protocols nor an expectation about the commitment of Anubi Digital to investigate the presence of Adverse News.

Provisions applicable to Third Party Services

It is understood that in the event that the User issues an Order that results in the transfer of the Digital Assets to a wallet, address and/or protocol external to the Platform, Anubi Digital will not perform any control about the compatibility of the wallet, address and/or external protocol with respect to the Digital Assets that are the subject of the Order nor to the security, reliability or availability of such wallet, address and/or protocol.xxx

User expressly acknowledges and agrees that Digital Assets may be fungible in nature. To that effect, the Platform will fulfill Orders properly placed by the User for an amount of Digital Assets equal to the value of the Order and not already on Digital Assets specifically identified. The foregoing shall not apply application (i) in case the Order concerns NFT; and/or (ii) in the event that the Order refers to Digital Assets that originate from Wallets within which Digital Assets of a User are deposited in a form segregated from the Digital Assets of other Users.

Without prejudice to the provisions regarding the liability of the User for the use of the Services, Anubi Digital reserves the reserves the right not to provide its Services, in whole or in part, to Users who (i) have residence, domicile or habitual residence in the Excluded Countries; or (ii) by reason of their own citizenship and/or the citizenship of any of their relative or family member, or other relevant link or have qualified connections with Excluded Countries. Details on the Excluded Countries and the qualified connections that may prevent the provision of one or more Services by Anubi Digital are available in the appropriate section of the Site. The User declares that he/she expressly understands and accepts that the occurrence of any of the assumptions referred to in points (i) or (ii) of this article will be sufficient reason for Anubi Digital not to provide its Services or, in the event that the relevant circumstances occur or emerge after Anubi Digital's provision of the Services, to. immediately discontinue the provision of said Services. In no event shall Anubi Digital be liable for any damage, loss, direct or indirect, resulting from the failure to provide its Services.

COMPENSATION FOR USE OF SERVICES

The use of the Services involves the application of the following fees:

  1. for the Custody Service there is no payment of any consideration as it is free of charge;
  2. for DeFi Services there is a charge to the User of a fee identified in a certain percentage as from time to time from time to time indicated within the Platform in relation to relation to each DeFi Service. User authorizes Anubi to charge the amount directly to the Wallet of the User and/or, as the case may be, to withhold directly the amount due to Anubi from the APY generated by the User through use of the DeFi Services;
  3. for Additional Services, the consideration shall be subject to an expressly agreed upon between the User and the Company and/or the professionals in charge of the provision of the Services Additional Services and formalized in a specific agreement.

More information is available in the appropriate section of the Site.

With respect to the fee for the DeFi Services, the User expressly authorizes the Company to directly make the withdrawals required for the payment of the agreed consideration from the User's Wallet and/or the Protocol(s) to which the User will have deposited its Digital Assets.

Except as expressly provided in the Regulations applicable or by these Terms, Anubi Digital does not perform the role of a tax withholding agent with respect to the Digital Assets of the User nor does it provide services of a tax and/or accounting as a result of the mere use of the Services Custody and DeFi Services. The User is therefore personally and solely responsible for the proper fulfillment of all tax and/or accounting charges, including declaratory charges, provided for by the applicable Regulations.

The fee for Third Party Services shall be governed by the specific contractual terms signed between the User and the Third Party Service provider.

PROVISIONS APPLICABLE TO REGISTRATION AND USER ACCOUNT

Use of the Platform is restricted to persons who are 18 years of age or older (who are at least 18 years of age). Anubi Digital reserves the right to impose one or more requirements for access to the Platform including. including, in particular, a deposit and/or proof of possession of a certain minimum amount of Digital Assets by the User. The access requirements will be indicated within the Platform before the start of the registration. Notwithstanding the foregoing, the Company reserves the right to not to contract with the User at its own discretion without any obligation to give reasons and responsibility.

In order to use the Services, the User is required to complete the registration and identification process (" Onboarding") and, more specifically, to (i) provide all information required by the Platform such as by way of without limitation, your first name, last name, address e-mail, telephone number, etc.; (ii) complete all the activities and provide all documentation required by the AML Regulations and the rules of operation of the Platform.

Access to the Platform requires entry of the following. data (i) email or username; (ii) password; (iii) "disposable" (OTP) code generated through 2FA Application (the "Credentials"). Subject to the proper completion of the Onboarding phase and the positive outcome of the required verifications, the User will receive via e-mail a temporary password for access to the User Account which the User will have to change at the first access to the Platform. Anubi Digital does not have access to the password of the User. Therefore, in case of loss of the password it will be necessary to proceed to restore it through an appropriate procedure.

The User agrees to keep the Credentials with the utmost diligence and confidentiality. The User Account is personal as well as are the Credentials. Except as expressly provided in the these Terms, it is strictly prohibited to assign the Credentials and/or allow access to the User Account to third parties (even if they are members of the household). The User has the obligation to promptly inform Anubi Digital if he/she has the suspicion or certainty that Credentials have been lost or that they have been been stolen or the security of the Account has been compromised. User. Anubi Digital is not responsible for any unauthorized access unauthorized access to the User Account or transactions made through the Platform unless such access or operations unauthorized are the result of an established breach by Anubi Digital of these Terms.

The User Account may be co-owned and each co-owner is obligated under this Article 4 to perform all AML checks and provide all of the required information. Each co-owner will have his/her own Personal Credentials and will be required to guard them as required under Article 4.4.

Anubi Digital reserves the right to request for any type of of Order, even one-time and on a discretionary basis, the input by the User of confirmation data in order to execute the Order including, without limitation, a OTP password generated through the 2FA Application.

In case of complete inactivity of the User Account for more than 12 (twelve) months, Anubi Digital will send a notice to the User by e-mail and, if available, a message sent to the cell phone number indicated by the User during the Onboarding, containing an invitation to perform at least one access to the Platform ("Invitation to Access"). In the event that the User does not log in within the 15 (fifteen) days following the sending of the Invitation to Access, Anubi Digital will suspend the User Account by giving notice to the User by e-mail and, where available, message sent to the cell phone number indicated by the User during Onboarding ("Suspension Communication"). In case of prolonged inactivity of the User for a period of additional 6 (six) months, Anubi Digital may initiate the Deactivation Procedure by giving notice to the User. ("Communication of Deactivation for Inactivity"). At any time, the User may request Anubi Digital to set different time intervals for sending the Invitation to Access and/or the Notice of Deactivation for Inactivity between 3 (three) and 12 (twelve) months.

RIGHTS AND OBLIGATIONS OF THE PARTIES

This section governs certain rights and obligations of the Parties in connection with the use of the Site, the Platform and/or the Services. The obligations and rights set forth herein shall be construed without prejudice to all other rights and obligations contained in these Terms.

Dispositions applicable to Anubi Digital

Anubi Digital agrees to maintain the Platform in good working order and to comply with the Terms in the provision of the Services. Notwithstanding the foregoing, Anubi Digital reserves the right at any time to disable or restrict the User Account and/or the User's access to the Platform and/or the Services, in whole or in part, for justified reasons (e.g. violation of these Terms, violation of policies, etc.).

Anubi Digital may unilaterally modify the Terms or the features of the Platform and/or Services at any time. Where technically feasible and compatible with the required intervention, the Company will undertakes to notify the User well in advance and, in in any case, at least 7 (seven) days before the changes planned. The notice referred to in this article may be given by e-mail to the address provided by the User or via the Platform in the form of a notification. By way of example only, the reasons that may require a modification of the Terms or the Platform are in most cases the as follows:

  1. technical changes in the Site, the Platform and/or in the Services and/or in the fees charged by Anubi for the provision of the Services;
  2. it is necessary to update or modify the Site, the Platform and/or the Services for legal or regulatory reasons;
  3. you need to update certain processes, or functionality to increase speed, security or reliability;
  4. it is necessary to comply with the order of an authority (e.g. example, the judicial authority or one of the competent competent supervisory authority).

Anubi Digital has the right to request at any time further information and/or documents from the User in order to order to verify and/or supplement the data contained in the Platform. Under penalty of suspension and/or deactivation of the User Account, the User has the obligation to cooperate actively and in good faith with Anubi Digital by responding promptly to requests from the latter.

In addition to all other instances governed by the these Terms, Anubi Digital reserves the right to suspend and/or restrict access by the User to the User Account, the Platform and/or the Services upon the occurrence of even one of the following circumstances, without the need for prior notice and with immediate effect:

  1. in the event that the User has violated or Anubi Digital has a reasonable suspicion that the User has violated the Terms and/or the applicable Regulations and, in in particular, when the said violation has consisted or there is reasonable doubt that it may consist in an illicit or fraudulent use of the Platform and/or the Services;
  2. In the event that Anubi Digital is the recipient of an order from the judicial authority or another authority competent to issue such an order;
  3. in the event that the User does not comply with the instructions provided by the Company and/or any other instruction and/or directive from the judicial authority or other competent authority in relation to the use of the Services and/or the Platform.

In the event of a suspension imposed pursuant to the article previous article, Anubi Digital may proceed with the reactivation, at its sole discretion, in the case it deems that the violation that gave rise to the suspension has been corrected and there is no risk of further violations. Alternatively, Anubi Digital may, at its sole discretion, proceed with the deletion of the User Account. In such case, the procedure described in Article 11 will apply.

Provisions applicable to the User

By accepting the Terms, User agrees to:

  1. use the Site and/or the Platform in compliance with the Terms and, in any event, for lawful purposes and in compliance with of the applicable Regulations. You will not use the Site and/or the Platform for purposes or in ways that may cause damage of any kind to any third parties.
  2. comply with all covenants and instructions contained in these Terms and the Platform;
  3. always provide true and correct information and, if these should change during the course of the relationship, give prompt notice to Anubi Digital and/or update, where possible, relevant information within the Platform and/or User Account;
  4. comply with all instructions from Anubi Digital with respect to the use of the Site, the Platform and/or the Services.
INTELLECTUAL PROPERTY RIGHTS

Subject to the completion of the registration phase of the User, the User shall be exclusively entitled to the use of the Platform in accordance with the applicable Terms. The license of use granted in favor of the User shall be deemed to be. limited, revocable by Anubi Digital, non transferable, even in part, and not sub-licensable.

Except as set forth in Article 6.1. above, all of intellectual and industrial property rights relating to any Service, functionality, solution, application, program, process, algorithm and/or other asset present within the Site and/or the Platform, including the name domain name associated with the Site, the text, design, and images (the "IP Rights") belong to Anubi Digital on an exclusive exclusively. Likewise, the names, the trademarks and all other distinctive signs used by Anubi Digital (the "Distinctive Marks"). Acceptance by User of these Terms does not entail or imply any assignment by the Company to the User of the ownership and/or use, in whole or in part, either permanently permanently or temporarily, in any capacity whatsoever, of the IP Rights and/or Distinctive Marks.

The User is strictly prohibited from copying, in whole or in part, the Site and/or the Platform, attempt to tamper with the Site and/or the Platform, engage in forms of reverse engineering (i.e., attempting to access the systems in order to understand their operation), modify, alter or reproduce, sell, rent, offer to license, translate, or transfer the Site and/or the Platform to third parties.

User expressly acknowledges and agrees that neither access by the User himself/herself to the Platform nor the sharing of ratings and/or suggestions on the Platform, the Protocols and/or the Services will confer rights of an economic or moral nature to the User in connection with the content of such evaluations and/or suggestions or the improvements, additions or modifications that may be made by Anubi Digital on the Platform, the Site and/or on the Services as a result of such evaluations and/or suggestions.

RISERVATION AND DATA PROTECTION

You agree for as long as you have access to the Site and/or the Platform and for the following twelve (12) months from the termination of the effectiveness of these Terms for any any reason whatsoever, to maintain absolute confidentiality of the information, know-how, and any other data or information of which it may become aware (the " Confidential Information") and not to duplicate and/or disclose to third parties, without the prior written consent of the Company such Confidential Information. It is prohibited the User from extracting information, whether it is Information Confidential or not, from the repository and/or applications.

You acknowledge that you have received prior to signing the Terms adequate information regarding the processing of personal data consequent to the access to the repository and interaction with the applications and to give his/her consent to the processing of his/her personal data by the Company.

RISKS AND LIMITATIONS OF LIABILITY

The Platform and Services are made available to the User "as is" and "on an basis of availability". Anubi Digital will not be liable to the User nor to third parties for User's use of the Platform and/or the Services except in cases of willful misconduct or gross negligence on the part of Anubi Digital and, in any case, within the limits of the law. To the maximum extent permitted by law Anubi Digital disclaims any liability, direct or indirect, with respect to the operation of the Platform and/or the Services.

Anubi Digital makes no express or implied about the use of the Services, the results to be derived from the use of the Services and/or the Platform, nor that the Platform and/or the Services reflect the expectations of the User or are appropriate for a specific use. The choice whether to use the Platform and/or the Services rests solely with the User.

The Platform is an application that can be reached via web and, as such, needs third-party services or devices to be accessible (e.g., computer, tablet, smartphone or internet connection). Anubi Digital has no control over the providers of such services nor over the state of functioning of the devices owned or otherwise in use to the User. Accordingly, Anubi Digital cannot be called to answer for inefficiencies that may occur due to the behavior of third parties or due to the state of operation of the devices used by the User to access the Platform and/or use the Services.

The User expressly acknowledges and agrees, to all intents and purposes of law, that Anubi Digital: (i) cannot and does not provide any warranty as to the regulatory framing of the Digital Assets and Services or to the possibility that the User may lawfully use the Services being such fulfillments being solely up to the User. Anubi Digital disclaims any liability arising from the unavailability, abnormal or malfunctioning (caused by technical and/or human factors), speed of execution, and/or any other functionality of the DLTs that constitute the technological substratum of the Digital Assets used by the User. Anubi Digital further disclaims any liability, to the fullest extent permitted by law, for services provided by third parties quandanche reported by Anubi Digital as partners and/or accredited providers (e.g. for the provision of the Custody Service).

The User acknowledges that he/she will have the obligation to hold harmless and indemnified Anubi Digital, its employees and/or collaborators, and/or partners from any and all disputes, charges, expenses, condemnation to do and/or give, demand for or order to pay damages, penalty or loss (including expenses legal fees that may be incurred) that are a direct consequence of a breach by the User of the obligations undertaken under these Terms.

Anubi Digital may perform maintenance work ordinary or extraordinary maintenance at any time (including the activity of updating its own systems and/or the Platform). The User accepts that such interventions may result, without giving rise to the liability of Anubi Digital under this Agreement, the suspension temporary suspension of the Services and/or the temporary unavailability of one or more features of the Platform. Whenever possible, Anubi Digital will inform the User of the unavailability of the systems and/or functionalities indicating the time necessary for the execution of the interventions. This indication must always be be considered indicative and not binding.

The User expressly agrees and acknowledges that the Digital Assets and/or the Protocols are characterized by a number of risks, including: (i) the technological risk resulting from the failure, incorrect or abnormal functioning of the DLTs, the smart contracts, the Protocols, the miners and/or validators and/or other parties whose activities have a relevant impact on the functioning of the DLTs, the smart contracts and/or the Protocols; (ii) the risk of volatility and, that is, of the change, even sudden, in the value of the Digital Assets with respect to other Digital Assets and/or fiat currencies; (iii) the risk of loss of value, even integral and sudden, of the Digital Assets; (iv) the legal and regulatory risk resulting from the absence of clear and unambiguous framing of the Digital Assets and the Services; (v) the IT risk arising from the risk that the systems of Anubi Digital, third-party service providers and/or of the Customer are subject to intrusions, attacks and/or failures which may result in the unavailability of the Digital Assets and/or the Services on a temporary or permanent basis; (vi) the Counterparty risk arising from the fact that, for most majority of the Digital Assets, there is no counterparty or issuer against whom to exercise its rights. The User acknowledges and accepts that for such risks no liability is recognized on the part of Anubi Digital and therefore the User releases and indemnifies the aforementioned from any damage that may be caused to him by the occurrence of the aforementioned risks;

In addition to the above, it is specified that Anubi Digital cannot and will not be responsible in any way for any issues related to the DeFi Protocols.

To the fullest extent permitted by law, Anubi Digital disclaims any liability for damages and/or any other injury caused to the User by Providers Third Parties in the provision of related services. Although Anubi Digital implements procedures for the selection and monitoring of Third Party Providers, the inclusion of such Third Party Providers Third Party Providers among the service providers within the Platform does not result in the assumption by Anubi Digital of any guarantee regarding the services provided by such parties.

Contacts

In case of need, Anubi Digital will contact the User via the e-mail address provided by the User during registration. It may be necessary to contact the User by telephone or other systems. In this case the Company will use the contact details provided by the User during registration. Communications may be made also through the Platform and, that is, by means of messages and/or internal notifications. Such communications will be considered as valid and effective for all legal purposes. The use of the personal contact information is explained in detail in the privacy policy accessible on the Site.

The User may communicate with Anubi Digital by one of the following following modes:

  1. for technical problems or assistance, the User may send an email to support@anubidigital.com ;
  2. for comments or inquiries you can send an email to support@anubidigital.com or a message via the appropriate interactive form within the Platform.
DURATION, WITHDRAWAL AND TERMINATION

Notwithstanding anything in these Terms or in the terms and conditions contractual conditions applicable to individual Services, the Terms will be valid and effective indefinitely as of the Date of Commencement.

Since the User - who holds the status of consumer within the meaning of the applicable Regulations - signs the Contract, he/she has the right to exercise his/her "right of reconsideration." To exercise this particular right of withdrawal is sufficient to send an e-mail message electronic mail to the address indicated in Article 9.2.(ii) or by registered mail A/R to the address " Anubi Digital S.r.l., Via Carlo Pascal 7, 12100 Cuneo (CN) " or to the PEC address anubidigital@pec.net .

In addition to the right of reconsideration set forth in Art. 10.2. above, the User has the right to withdraw at any time By sending a notice to the address [●]. The withdrawal is free and does not require an indication of reasons. È however, required that the User provide Anubi Digital with the following wallet addresses to which the Company will transfer the Digital Assets of the User upon completion of the withdrawal procedure. No fees or costs are expected except as provided in connection with to the consideration accrued by Anubi Digital up to the time of the completion of the withdrawal procedure. Since the withdrawal request is received by the Company, the latter may need up to 48 (forty-eight) hours to give execution of the planned activities, including the transfer of the Digital Assets from the Protocols to the User's Wallet and the deactivation of the User's Account. The User acknowledges. expressly the right for Anubi Digital to charge to the total of the User's Digital Assets the portion of the Fee accrued by Anubi Digital up to that point.

The exercise of the right of withdrawal does not imply automatically the exercise of the User's rights as guaranteed by the regulations on the processing of data personal data (e.g. for the exercise of the right to the deletion of one's personal data). Any request pertaining to the exercise of one or more rights regarding the processing of personal data should be forwarded to the contact details indicated in the appropriate privacy policy.

Without prejudice to the further provisions of these Terms, Anubi Digital may terminate the Contract upon notice sent to the User with a notice of at least 15 (fifteen) days.

The termination of the effectiveness of these Terms, whatever the cause, shall not affect the rights or obligations of the Parties accrued up to that time. The User acknowledges expressly acknowledges that the confidentiality obligations set forth in Art. 7 of these Terms will survive for an additional 12 (twelve) months upon termination of the Agreement.

Without prejudice to Anubi Digital's right to claim for greater damage, the Company may terminate the Contract pursuant to of Article 1456 of the Civil Code upon the occurrence of a breach by User of the provisions set forth in the preceding Articles including 5.3., 6 and 7.

USER ACCOUNT DEACTIVATION

In case of deactivation of the User Account for any reason whatsoever reason, Anubi Digital will send an e-mail to the User informing him/her of the initiation of the procedure (the " Deactivation Procedure") and will give evidence of the start of the Deactivation Procedure within the Platform.

In the event that the User Wallet contains, at the time of of the initiation of the Deactivation Procedure, Digital Assets, the notice referred to in the preceding sentence shall contain the request to the User to provide within 10 (ten) days from the sending of the notice to Anubi Digital addresses wallet compatible with the User's Digital Assets. Once received the aforementioned addresses Anubi Digital will proceed to the transfer of the Digital Assets to the addresses received deducting from the amount the fees necessary for the completion of the transfer. The User assumes all responsibility regarding the correctness of the addresses wallet provided to Anubi Digital and as to the compatibility of said wallets with the Digital Assets being transferred. Under no circumstances Anubi Digital will carry out checks or verifications on the characteristics of the wallets indicated by the User.

In the event that the User fails to indicate the addresses wallet addresses within the deadline indicated in the previous article article, Anubi Digital will proceed with the deactivation of the User Account and the custody of the Digital Assets not transferred by notifying the User. If, within 12 (twelve) months from the aforementioned notice (the " Storage Period") the User does not make request of the Digital Assets to the Company, the Digital Assets may be retained outright by Anubi Digital.

In the event of the death, absence or disappearance of the User, the provisions of Article 13 below shall prevail over the provisions of Articles 11.2., 11.3. and 11.4.

VARIES

The headings and/or titles of articles in these Terms are inserted for mere ease of reading and have no value for the interpretation of the articles to which they refer. refer to. All provisions contained in these Terms shall retain full force and effect between the Parties until their natural termination in accordance with the terms and conditions contained in these Terms.

Unless otherwise stated, any reference to a " day" will be construed as made to a business day. Any reference to a " month" shall be construed as being made to the month current month and to the number of days comprising that month.

You may not assign your rights, interests, or obligations under these Terms without the prior written consent of the Company. Any assignment of these Terms, in the absence of such consent, shall be deemed to be invalid and ineffective. These Terms are binding and shall produce their effects against the Parties as well as of their respective successors, assigns and/or transferees authorized.

Any tolerance of conduct engaged in in violation of the provisions contained in these Terms shall not constitute a waiver of the rights arising from the violated provisions nor to the right to demand the exact performance of all terms and conditions set forth in the them.

If any provision of these Terms should prove invalid or unenforceable under current or future laws in effect during the term of these Terms, such provision shall be deemed not to have been affixed, the remaining provisions of these Terms shall continue in full force and effect and shall not will be affected by the illegal, invalid or unenforceable. In addition, such illegal, invalid or unenforceable provision will automatically be replaced by a provision that has the content and purpose pursued by the the superseded one.

Pursuant to the applicable AML Regulations, Anubi Digital may be required to send, on a periodic basis, data and information on its own operations and the operations of the User to the body of agents and brokers ("OAM") and/or to any other competent authority. The User acknowledges that in the course of the relationship Anubi Digital will carry out, in the required terms, the sending of the aforementioned reporting.

REGISTER OF NOMINATIONS

Anubi Digital expressly recognizes the User's right to convey its Digital Assets by will or ab intestate in accordance with the applicable Legislation and the these Terms.

Anubis Digital has established a special registry within of which it will keep indication of one or more persons individuals (family members, professionals, etc.) (" Addressees") to whom Anubi Digital may notify the existence of a particular User Account (the " Register of Names") upon the occurrence of the circumstances indicated by the User itself. In this regard the following rules will apply:

  1. the completion of the Register of Names is optional by the User who assumes the responsibility of obtaining from the Recipients the necessary consents in the forms as may be established by Anubi Digital;
  2. the communication sent to the Recipients will be transmitted by Anubi Digital to the e-mail and/or telephone addresses included within the Register of Names upon the occurrence of the circumstances indicated by the User and will contain exclusively the indication that there is a User Account associated with a specific User without further details (e.g., the amount and type of Digital Assets deposited on the Wallet). The User and Anubi Digital can agree on the customization of the message;
  3. in the event that the User has completed the Register of Names, he/she may indicate, among the options available within the Platform, which events/circumstances will determine the sending of the communication referred to in Article 13.1.(ii) above (for example, the sending of the Invitation to Access, the Notice of Suspension, or the Notice of Deactivation for Inactivity of the User Account).

The establishment and operation of the Register of Names is free of charge. It is understood that Anubi Digital does not assume any responsibility in any capacity whatsoever for sending the communications to the persons indicated within the Registry of Names. It is also expressly understood that sending of communications to the persons indicated in the Register of Names has merely informative purposes and will not determine any legal effect nor will it attribute to the recipients of the said communication any rights under these Terms. In the event that the Recipient requests from Anubi Digital for the deletion of their name and/or the modification of their contact information, Anubi Digital will proceed, upon verification of the Recipient's identity, to make the requested change to the extent permitted by these Terms.

By entering into these Terms you agree to indemnify Anubi Digital for the actual costs and expenses incurred by the Company as a result of any action legal action, litigation, dispute or investigation that may arise from the appointment of the Recipient, and agrees that Anubi Digital may charge him/her for any costs without notice, if incurred in the interest of the User.

LANGUAGE, APPLICABLE LAW AND COMPETENT COURT

The Platform, the Site and these Terms may be available in multiple languages. Italian will, however, be the only relevant language for the purposes of the interpretation and application of the content of the Platform, the Site and these Terms.

The law applicable to these Terms is Italian law. The competent court for any dispute arising the application or interpretation of these Terms is that of Milan to the exclusion of any other court possibly concurrent. In the event that the User qualifies as a consumer under the Regulations applicable, the competent court is by law that of the place of residence or domicile of the User.

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