User Agreement

USER AGREEMENT

WWW.EXOLO.ORG

TABLE OF CONTENT

1. INTRODUCTION

2. DEFINITIONS AND INTERPRETATIONS

3. THE PLATFORM

4. USER ACCOUNT AND LICENSE TO USE

5. USE OF THE WALLET

6. INTELLECTUAL PROPERTY RIGHTS

7. USER’S RESPONSIBILITIES

8. FEES

9. RISKS AND DISCLAIMERS

10. ELECTRONIC COMMUNICATIONS

11. ACTIVITIES PROHIBITED ON THE PLATFORM

12. LIMITATION OF LIABILITY

13. FINANCIAL REGULATION AND ADVICE

14. ASSIGNMENT

15. ENTIRE AGREEMENT; WAIVER

16. TERMINATION AND SUSPENSION

17. INDEMNITY

18. NOTICE

19. GOVERNING LAW AND DISPUTE RESOLUTION

20. FURTHER ASSURANCES

21. SEVERABILITY

22. CUMULATIVE REMEDIES

USER AGREEMENT

Disclaimer: Digital Assets products can be highly risky. There may be no regulatory recourse for any loss from such transactions.

Take the time to read these terms carefully. You can contact us through support if you have any questions at [[e-mail]]

You explicitly acknowledge and consent to the following terms:

• You possess knowledge regarding the inherent risks connected with transactions involving Digital Assets and their derivatives.

• You willingly assume all risks associated with utilizing our services and engaging in transactions involving Digital Assets and their derivatives. You acknowledge and accept that there exists a significant possibility of financial loss when buying, selling, holding, or investing in Digital Assets.

• EXOLO, as the service provider, shall not be held responsible or liable for any such risks or unfavorable outcomes that may arise from your use of our services.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR USING THE PLATFORM

1. INTRODUCTION

1.1. EXOLO (hereinafter “We”, “Us” and “Our” which expression means and includes its affiliates, successors and assigns) and a group of the companies providing services under the trademark “ EXOLO” -comprises of the domain name www.exolo.org [and the associated mobile and software applications (either existing or available in the future)] and our Digital Assets trading services (hereinafter [collectively] referred to as “Platform”), which is registered under the name of EXOLO. The Platform is a trading platform for sale and purchase of, and investments into Digital Assets, including bitcoin, altcoins, and non-fungible tokens, and provides products and services in an integrated manner, including but not limited to the following:

(a) Online trading of Digital Assets (defined below) including their sale and purchase (either using fiat currency or another form of Digital Assets);

(b) Online storage of Digital Assets owned by the Users (defined below);

(c) Transfer of Funds (defined below) from a User’s Wallet (defined below) into its Linked Bank Account (defined below) and vice versa;

(d) Such other ancillary and allied services in support and furtherance of the aforementioned services as may be required.

• EXOLO INNOVATIONS is duly incorporated private company limited by shares as per rules and regulations of the Commonwealth of Dominica Companies Act No. 21 of 1994. The Company seeks to register as a CFD/Forex/Crypto Currency Dealer sub-license with Financial Master Management Ltd, incorporated in the Commonwealth of Dominica, which is a licensed entity under the Financial Dealers License number 2023/C0010 issued by the Financial Service Unit ("FSU") the main financial regulatory authority of Dominica. As part of its license, Financial Dealers holds the authority to act as an intermediary in the execution of Forex, Contracts for Difference (CFD), and digital currency transactions. The Company performs alternative trading strategies providing platform for trade contracts for future differences leveraging digital assets (crypto commodities trading) under the laws and regulations of the Commonwealth of Dominica.

1.2. We want customers/users (whether the person has engaged in the transaction itself or a person on whose behalf, such person has engaged in the transaction) (hereinafter “You”, “Your”, “User”) to have a smooth experience every time You are a part of a transaction using the Platform.

1.3. This Agreement governs Your access to the Platform, whether as a guest or a registered user. Use of the Platform includes, but is not limited to, accessing, browsing, registering to use the Platform. By clicking “I agree” to this Agreement, or by accessing, browsing or using the Platform in any manner, made available by EXOLO through the Platform, You agree that You have read, understood and accepted all of the terms and conditions contained in this Agreement, our Privacy Policy available at

[https://www.exolo.org/en_US/cms/privacy],

and our Disclaimer available at

 [https://www.exolo.org/en_US/cms/disclaimer] (collectively, the “Agreements”).

1.4. We reserve the right to change, add, remove or modify the Platform, this User Agreement (which includes the Privacy Policy, Disclaimer) or any content or part thereof, at any time, without notice, in our sole discretion. You should regularly and periodically check the Agreements including before you make any transaction on the Platform. We shall have bear no liability or responsibility whatsoever due to any such changes, additions, removals or modifications.

1.5. In the event that Applicable Laws were to change and render dealing, trading, holding and/or storing any form of Digital Asset to be invalid or illegal in your country of residence, this Agreement shall stand automatically terminated with effect from the date of such invalidity/illegality without further notice. You represent and declare that you have full knowledge and disclosure of the current Government and regulatory status with respect to Digital Assets in your country or residence and the risk involved in dealing with, or trading in, or storing the same.

1.6. If we believe that you are in violation of any of the Agreements or that your use conflicts with applicable laws, adversely impacts our reputation, or might subject us to unfavorable legal or regulatory action in any way, we may limit your buying and selling privileges, restrict account features, suspend and freeze your account, close your account, report your actions to the relevant authorities or take such other actions as we may find suitable, without notice. You will also be liable to indemnify us for any consequences arising from your use. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.

1.7. You may delete your user account and discontinue the use of the Platform at any time in accordance with the Agreement. Similarly, we will have the right to withdraw, suspend, discontinue or change, the Platform, in whole or in part, at any time without assigning any reason whatsoever.

1.8. We will not be liable to you including without limitation for any losses incurred due to volatility of prices of the Digital Assets if for any reason the Platform is unavailable at any time or for any period.

2. DEFINITIONS AND INTERPRETATIONS

2.1. “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction in force in jurisdiction we operate.

2.2.  “Business Day” means any day, not being a Saturday or a Sunday or a public holiday, on which banks are open for business.

2.3. “Custodian” shall mean the service provider Chain Up with whom EXOLO has executed a Software as a Service Agreement for the provision and maintenance of the Platform.

2.4. “DA Wallet” means an online digital address accessible through the Platform and operated by a User from where User may load Digital Assets into EXOLO Account, where Digital Assets can be stored and to which User may transfer Digital Assets from User’ s EXOLO Account

2.5. “Digital Assets” refers to Digital Assets as an electronic record containing information which is stored in an electronic or other intangible medium and capable of being retrieved, and capable of being subject to control; graphically secured digital representation of value or contractual rights that uses distributed ledger technology and can be transferred, stored or traded electronically, but does not include digital representations of fiat currencies and or digital record of a credit against a financial institution of fiat currency, securities and other financial assets that can be transferred digitally.

2.6. “Affiliate” means such person who provides inter alia certain marketing and promotional services to EXOLO.

2.7. “Funds” refers to both Digital Assets and fiat currency, as the case maybe.

2.8. “Contracts for Futures Differences” - We provide platform to execute contracts for future differences, futures trading services, which is a derivative product and a contract between two parties where both parties agree to buy and sell a particular asset of a specific quantity at a predetermined price, at a specified future date (or in the case of Perpetual Futures the delivery date is not specified).

2.9. “Fiat Providers” refers to our integrated fiat-crypto gateway providers whereby Users can use their fiat payment methods to deposit their funds including Digital Assets.

2.10. “Margin Trading” - We offer Margin Trading services, which enable Users to borrow funds from our exchange and utilize them for trading purposes. With Margin Trading, Users have the opportunity to leverage their positions and potentially increase their trading capacity by borrowing funds to supplement their own capital. This service allows Users to access additional trading opportunities and potentially amplify their profits.

2.11. “Officially Valid Document” or “OVD” means the passport, the driving license, or other valid government issued proof of identity document.

2.12. “Party” refers to either You or Us and “Parties” refers to You and Us, collectively, as the context may require
2.13. “Sanctions Lists” has the meaning given to it under the Legal Policy;

2.14. “Spot Trading” -Trading service which is the process of buying and selling Digital Assets at
real time prices.

2.15. “Transaction Fee” means a fee that is payable on each transaction.

2.16. “Unique Referral Code” shall mean the code generated by Us and provided to the User by the Affiliate

2.17. “User Account”/ “EXOLO Account” shall mean the account created on the Platform through which
the User gives instructions for Digital Assets trading to EXOLO.

2.18. “Wallet(s)” refers to a User’s DA Wallet, as the case maybe. Any reference to “you” or “your” or “user” refers to you as a User of the Platform and any reference to “we”, “our” and “us” shall refer to EXOLO, its subsidiaries, affiliated entities, permitted assigns (as and when applicable) as.

3. THE PLATFORM

3.1. EXOLO acts as an intermediary between the User and our Digital Assets exchange software provider ChainUp. EXOLO may, acting on the specific instructions of the User, execute orders on third-party Digital Assets exchange platforms. You hereby authorize EXOLO to act on your instructions (which are essentially electronic in nature) to undertake various trades and hold the Digital Assets in trust on behalf of the User.

3.2. EXOLO only acts as a service provider, information intermediary, facilitator of User transactions on third party Digital Assets exchanges, and a technology provider.

3.3. In case of any technical or manual error including but not limited to downtime and /or unavailability of the Platform, EXOLO will take reasonable steps of correction to restore the Platform. If such correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss or damages. EXOLO hereby disclaims liability for any such error or correction thereof, and no recourse may be had by User against EXOLO for any such error or correction.

4. USER ACCOUNT

4.1. To use the Platform, you are required to create a User Account by completing the sign-up process. You will also use the Unique Referral Code during the sign-up process.

4.2. We shall, either at the time of opening the User Account, or while undertaking any transactions, (or, may, even during Periodic Updates), or for any other reason, ensure your compliance with the following:

4.2.1. Require that You undergo a verification process during the activation process of Your User Account by submitting either your email address or phone number and on a later stage we remain the right to request OVD and other details.

4.2.2. Require You to furnish such other details as may be deemed necessary by Us to verify Your identity.

4.2.3. Require You to submit such additional information and/or data as may be directed by a competent enforcement authority.

4.3. We may, in its sole discretion, refuse to open any new accounts, suspend or terminate existing User Accounts after giving due notice, or refuse to process any transactions on the Platform if it is unable to ensure compliance with any of the aforementioned conditions, either due to non- cooperation by the User or due to the details provided by the User being unreliable or unverifiable to Our satisfaction.

4.4. We may limit the functionality of the Platform for Users who have not submitted full verification to us. These limitations may be applied to services on the Platform, deposit and withdrawal limits, available trading pairs, and any other as We may deem necessary at Our sole discretion.

4.5. When you create a User Account, a User Identification Number (UID) is assigned by Us to identify you on the Platform. [UID is a unique block of 8 numbers that identify Users]. You can find your UID on your Account Dashboard on the website.

4.6. You may create a User Account only if you are at least 18 years old before you create an account.

4.7. Except with our approval, one User may register only one User Account on the Platform. We may cancel or terminate your User Account if we have reasons to suspect that you have concurrently registered or are in control of two or more User Accounts. Further, we have the right to reject your application for registration for any reason.

4.8. You shall be solely responsible for the confidentiality of your login credentials to the Platform including your username and password. Each User Account UID is unique to each User Account. You will take all possible care to prevent unauthorized disclosure to, and access by, any person of your login credentials. In any event, we are not liable or responsible for any unauthorized access to your User Account. You will immediately notify us of any unauthorized use of your User Account or any other breach of this User Agreement, the other Agreements or security known to you.

4.9. We shall be entitled to presume that any person who logs in with your login credentials is you. You will therefore be responsible for any actions taken using your login credentials.

4.10. We may cancel or suspend User Accounts that have been inactive for a long time, exhibit suspicious behavior or is doing market manipulation or are other prohibited activities.

4.11.Subject to your compliance with these Agreements and the applicable law, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Platform. EXOLO may deploy technologies or processes to enforce the above grant of rights.

4.12. You are also responsible for ensuring that all persons who access the Platform through You/ Your internet connection or network are aware of these Agreements and other applicable terms and conditions, and that they comply with them.

5. USE OF THE DA WALLET AND SERVICES ON THE PLATFORM

5.1. Upon activation of your User Account, we will provide you access to a DA Wallet. These Wallets enable you to purchase, sell, send, receive or store Digital Assets supported by the Platform.

5.2. You are required to maintain a minimum balance of Funds in your Wallets before you initiate an order and/or transaction.

5.3. Fiat Providers offer you the option of depositing Digital Assets via a fiat-crypto gateway, whereby you can transact using a fiat currency payment method and receive Digital Assets in your DA wallet.

5.4. A DA Wallet has been provided to You wherein the Digital Assets may be stored. The custodial relationship with regards to the funds stored in the DA Wallet are subject to the terms of use of the Custodian of EXOLO. Funds held in this DA Wallet may be used to purchase another Digital Asset, and any sale proceeds obtained in the form of Digital Assets will be credited only into this DA Wallet. Any completed transaction involving the sale or purchase of Digital Assets will be reflected in the balance of your DA Wallet and any funds will be immediately subtracted from or delivered to your DA Wallet.

5.5. You are permitted to withdraw Funds held in this account, provided such Funds can only be transferred to another Digital Asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted.

5.6. You are not permitted to transfer, store or receive any Digital Assets not supported by our Platform. You acknowledge that We shall not be liable for any losses suffered by you in connection with Your attempt.

5.7. We reserve the right to refuse to execute or to freeze any order and/or transaction initiated by you, if they are in contravention to the Agreements or to comply with directions of appropriate enforcement authorities.

5.8. You declare that withdrawals and deposit by you in your DA wallet or bank account does not constitute violation of any anti money laundering laws, tax laws, and other rules and regulations of your relevant jurisdiction.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Unless otherwise specified, all prices of Digital Assets, content, logo, material, design, graphic symbols etc (“Materials”) on the Platform are the property of EXOLO or its licensors /third parties and are protected by patents, copyright, trademark, and other Applicable Laws. You may view such Materials on any single computer or electronic device solely for Your Own internal use, provided You keep intact all copyright and other proprietary notices.

6.2. The trademarks, service marks, and logos of EXOLO or its licensors / third parties and others used in this Platform (“Trademarks”) are the property of EXOLO and their respective licensors / third parties. The software, photographs, logos, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Platform and the appearance, organization and layout of the Platform belong to EXOLO. The Trademarks and Materials should not be copied, reproduced, modified, altered, de-compiled, reverse engineered, broadcasted, sold, transferred, republished, uploaded, posted, transmitted, scraped, collected or distributed, whether in whole or in part, or in any form or by any means, whether manual or automated.

6.3. The use of any such Materials on any other website, mobile application or networked computer environment for any other purpose or other commercial / non-commercial reasons is strictly prohibited, and any such unauthorized use may violate copyright, trademark, and other Applicable Laws and could result in criminal or civil legal actions and penalties.

6.4. The Platform may provide links or other forms of reference to other websites (“External Platforms”) or resources over which We have no control. You acknowledge that EXOLO is providing any such links or references of external platforms or resources to You, including APIs to various third party Digital Assets exchanges, trading platforms and brokerage platforms, only as a convenience to You and that EXOLO makes no representations whatsoever about any external platforms which You may access through or via this Platform, including such external platforms being free of such items as viruses, worms, trojan horses, and other items of a destructive nature. EXOLO is not responsible for the availability of, and content provided on any External Platforms. You are requested to review the terms of use and policies posted by such External Platforms regarding privacy and other topics before use. EXOLO is not responsible for third party content accessible through the Platform, including opinions, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content or trading financial instruments and Digital Assets on such External Platforms.

7. USER’S RESPONSIBILITIES

7.1. The Platform is to be used only for their intended purpose in a bona fide manner, and are not to be misused in any manner, including for undertaking fraudulent transactions, market manipulation, impersonation or any such illegal activity.

7.2. Before You register on the Platform by creating the User Account or use the Platform at any time and from time to time, You represent and warrant that:

7.2.1. You are at least 18 years old and competent to form a binding contract,

7.2.2. You are an individual with full legal capacity and authority to enter into this Agreement,

7.2.3. Your access and use of the Platform is in compliance with the Agreements and Applicable Law;

7.2.4. You are not on any Sanctions List;

7.2.5. You have not previously been suspended or removed from using our Platform and /or any other platform owned / operated by EXOLO or any other financial instrument and DA trading platform,

7.3.  You further covenant that you shall:

7.3.1. Access and use the Platform in compliance with all Applicable laws and the Agreements;

7.3.2. Conduct your transactions with other Users of the Platform in good faith;

7.3.3. Not use the Platform to defraud any person or entity;

7.3.4. Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

7.3.5. Not directly or indirectly solicit the account information of other Users or access or try to access any User Account that does not belong to you;

7.3.6.  Not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security or authentication measures on the Platform or any network connected to the Platform;

7.3.7. Not attempt to circumvent the regular operation of the Platform or reduce the Transaction Fees or any consideration that We may derive from the Platform by any means, including creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;

7.3.8. Not collect User information through automated means, including but not limited to bots, robots, spiders and scrapers without our prior written permission;

7.3.9. Not reproduce, duplicate, copy, sell, visit, distribute, use or otherwise exploit the Platform for any commercial purposes, except as in accordance with the Agreements;

7.3.10. Not make any statements or comments on the Platform which is/are inaccurate, false, unfair or defamatory to us or other Users or which violates the legal right of others;

7.3.11.  Not engage in spamming or phishing activities;

7.3.12. Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense or give rise to civil liability) or encourage or abet any unlawful activities or use the Platform for cyber-terrorism;

7.3.13. Not attempt to copy, reproduce, exploit or expropriate EXOLO’s various proprietary directories, databases and product listings;

7.3.14. Not introduce any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

7.3.15. Not undertake any actions to undermine the integrity of the data, systems or networks used by us in the Platform and/or any User of the Platform or gain unauthorized access to such data, systems or networks;

7.3.16. Not, and are not, and your directors, officers, controlling parties, affiliates are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities in any of the legal jurisdictions in which any of the foregoing persons or entities are organized or have operations;

7.3.17. Not do anything that threatens the unity, integrity, defense, security or sovereignty of the jurisdiction whose laws you are subject to, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nations; and

7.3.18. Not to engage in any activities that would otherwise create any liability for us or our affiliates.

7.4. In the event that are not permitted to trade on the Platform by Applicable Law including by virtue of being part of the Sanctions List, please discontinue the use of the Platform immediately.

7.5. If any breach of the foregoing clauses is brought to the notice of EXOLO, in addition to any rights and remedies that We have under this User Agreement or under any Applicable Laws, We may forthwith restrict / terminate Your access and use of the Platform. The Parties agree that the Users shall be solely responsible for ensuring compliance with the above duty and responsibility and with the obligations to follow Applicable Laws.

7.6. You hereby acknowledge and agree that You currently do not have more than one User Account, and shall only maintain one User Account at all times.

7.7. In order to create a User Account, the User will be required to provide certain data, information or details as may be required by EXOLO (which may include your identity, address, financial information, Digital Assets wallet related information, financial position, or transactions), through the Platform or otherwise, from time to time which could be during the time of registration, post registration, or before, during or after you undertake any activity or transaction on the Platform. You represent and warrant that: (a) all required data, information or details you provide to EXOLO is current, truthful, authentic, complete and accurate; and (b) you will keep the data, information and details current and maintain the accuracy of such information.

7.8. You may delete your own User Account at any time, for any reason, by following the instructions on the Platform provided. However, the data and information provided by You may be retained by us for compliance with applicable laws and for cooperation with law enforcement authorities.

7.9. You are responsible for maintaining the confidentiality and security of Your User Account, password, activities that occur in or through Your account and for restricting access to Your computer or electronic device (including mobile device), as the case may be, and at all times, to prevent unauthorized access to / misuse of Your User Account. You agree to accept responsibility for all activities that occur under Your User Account or due to Your failure to protect the credentials / password or Your device. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Without accepting any liability, We may at our sole discretion use reasonable endeavors to reset Your User Account within a reasonable time.

7.10. Any data, information, instructions or transactions initiated, originated, transmitted or published from Your User Account shall deem to be duly undertaken or authorized by You, and We shall not be liable for acting on any such data / information / instruction / transaction / sale / purchase / other request on the Platform. Any records created and maintained by EXOLO or its third parties of the communications, transactions, instructions or operations made or performed, processed or effected through or in relation to Your using of Platform including from your User Account or in relation to keeping, using or withdrawing any  assets by You or any person purporting to be the You, acting on behalf or purportedly acting on Your behalf, with or without Your consent, shall be binding on You for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

8. FEES

8.1. Creation and usage of the User Account on the Platform is free. However, trading on the Platform is subject to payment of Transaction Fee. The Transaction Fee chargeable on each trade shall be as provided in https://exolosupport.zendesk.com/hc/en-us/sections/13943787525405-Fees .

8.2.  EXOLO reserves the right to provide discounts on its services from time to time at its own discretion.

8.3. Deposit of Digital Assets in the DA Wallet is free of charge. Deposits using fiat channels will be subject to a transaction fee specified by our Fiat PSPs and might be changeable from time to time.

8.4. Deposits and withdrawals on Digital Assets or fiat currency will be subject to withdrawal limits provided by our Fiat PSPs and might be changeable from time to time.

9. RISKS AND DISCLAIMERS

9.1. The use of the Platform may entail the following risks:

Trading financial products involving Digital Assets are unregulated and can be highly risky. You are encouraged to obtain appropriate legal and financial counsel regarding the same before using the Platform. There may be no regulatory recourse for any loss from such transactions.

9.2. Digital Assets transactions are irreversible. Once a transaction is initiated by you, it can neither be cancelled, modified nor reversed by Us upon Your request.

9.3. The values of Digital Assets are highly volatile and tend to fluctuate, due to which there may be an increase or decrease in the value of the Digital Assets You receive or transfer after a transaction. Digital Assets are subject to large swings in value and may even become worthless. There is always an inherent risk of losses associated with buying, selling, or trading in Digital Assets. It is also possible that the valuation and price of Digital Assets changes after the transaction has been initiated by You or during the transaction, and You are hereby advised/cautioned of the same. Value of a Digital Assets is subject to market change, and subject to the Assured Quantity Service provisions herein, under no circumstance shall EXOLO be liable for any such changes or fluctuations whether before, during or after the transaction.

9.4. As Digital Assets are reliant on decentralized and peer-to-peer networks, there is also the risk of loss of confidence in Digital Assets trading. The Digital Assets do not guarantee any assured returns as the valuation of Digital Assets is based on a supply and demand economy model, and is therefore, subject to constant changes.

9.5. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, investing in or trading high risk financial instruments and including Digital Assets.

9.6. EXOLO is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to the Platform.

9.7. Since Digital Assets are held online (electronically), they are susceptible to security breaches and government crackdowns that may end up compromising the integrity or anonymity of the system that produces such Digital Assets.

9.8. You acknowledge that the aforementioned is a non-exhaustive statement of risks associated with the trade of Digital Assets. There may be additional risks that we have not foreseen or identified in this User Agreement or the Agreements.

9.9.  EXOLO expressly disclaims as under:

NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE BY EXOLO IS PROVIDED ON “AS IS”, “AS-AVAILABLE” BASES, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, MATERIALS OR ANY OTHER INFORMATION. EXOLO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS / ARE NOT LIABLE FOR ANY LOSS OF DIGITAL ASSETS, REVENUE, PROFITS, FUNDS, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF PLATFORM, MATERIALS OR ANY INFORMATION.

EXOLO DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM, MATERIALS OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM, MATERIALS OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.

DIGITAL ASSETS MAY BE TARGETED BY HACKERS OR MALICIOUS GROUPS OR ORGANIZATIONS WHO MAY ATTEMPT TO INTERFERE WITH THE DIGITAL ASSETS AND/OR THE SALE/PURCHASE OF THE DIGITAL ASSETS OR STEAL THE DIGITAL ASSETS IN VARIOUS WAYS, INCLUDING MALWARE ATTACKS, DISTRIBUTED DENIAL OF SERVICE, CONSENSUS-BASED ATTACKS, SYBIL ATTACKS, PHISHING, SMURFING AND HACKING. PLATFORM, MATERIALS AND/OR COINSWTICH’S THIRD PARTY SERVICE PROVIDERS, THIRD PARTY EXCHANGES MAY BE SUBJECT TO SUCH TARGETS, ATTACKS ETC. AND NOTWITHSTANDING ANY OTHER PROVISION, EXOLO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR THE SAME.

USER AGREES THAT IT IS POSSIBLE THAT NEW REGULATIONS ADDRESSING BLOCKCHAIN TECHNOLOGY, DIGITAL ASSETS, DIGITAL ASSETS EXCHANGES, DIGITAL ASSETS EXCHANGE AGGREGATORS AND THE PLATFORM, MATERIALS OR ANY INFORMATION PROVIDED BY EXOLO UNDER THIS AGREEMENT, MAY BE INTRODUCED OR EXISTING REGULATIONS MAY BE MODIFIED, WHICH MAY PROHIBIT, PREVENT, RESTRICT, OR OTHERWISE MAY HAVE A NEGATIVE EFFECT ON THE PLATFORM, MATERIALS OR ANY INFORMATION PROVIDED BY EXOLO AND/OR THE USAGE OF PLATFORM, MATERIAL OR ANY INFORMATION BY THE USER, WHICH MAY INCLUDE A TOTAL LOSS OF FUNDS, INCLUDING DIGITAL ASSETS OF THE USER WITH EXOLO (INCLUDING STORED BY EXOLO WITH THIRD PARTIES) AND NOTWITHSTANDING ANY OTHER PROVISION EXOLO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SAME.

EXOLO ACTS AS THE DULY APPOINTED AGENT OF THE USER TO WHOM THE PAYMENT IS DUE AND DOES NOT OPERATE A PAYMENT SYSTEM. USER ALSO HEREBY DULY APPOINTS EXOLO AS ITS AGENT FOR THIS PURPOSE.

10. ELECTRONIC COMMUNICATIONS

10.1. You agree to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that EXOLO provides in connection with Your use of the Platform. We may provide these Communications to You by posting them on the Platform, EXOLO website, mobile app including in app notification or notification via Your mobile operating system or app store provider, emailing them to You at the email address you provide in Your User Account, [sending them through an instant messenger chat service], or through other forms of electronic communication such as SMS or text message to the mobile phone number that you provide in Your User Account. Your mobile carrier’s standard mobile messaging and data rates will apply.

10.2.  It is your responsibility to provide EXOLO with accurate and complete contact information and to provide updates to your contact information as necessary. You understand and agree that if EXOLO sends you an electronic Communication, but you do not receive it because (i) your contact information on file with Your User Account is incorrect, blocked by your service provider, or out of date, (ii) the Communication was re-routed to your spam folder, or (iii) You are otherwise not able to receive or access the Communication, EXOLO will be deemed to have provided the Communication to You and will be binding on You. If any email communication is returned as undeliverable, We retain the right to block your access to the Platform or to Your User Account until you provide and confirm a new and valid email address and, if required, any additional checks or diligence by Us.

11. ACTIVITIES PROHIBITED ON THE PLATFORM

11.1. EXOLO has zero tolerance towards use of its Platform for any illegal purpose. Any such abuse or any suspicious or malicious activities by any User may result in forthwith restriction of access of the Platform, User Account, DA Waller balances reflected in User Account, and reporting of such activities to concerned regulatory and statutory authorities as required.

11.2. In connection with your use of Platform, You hereby agree that you will not:

11.2.1. Violate (or assist any other party in violating) this User Agreement, Agreements and any Applicable Laws;

11.2.2. Intentionally try to defraud (or assist in the defrauding of) EXOLO or any other User;

11.2.3. Make any representations on behalf of EXOLO;

11.2.4. Provide false, inaccurate, or misleading information including any Know Your Customer (KYC) information or any other document or information as sought by EXOLO;

11.2.5. Trade on the Platform using funds associated with any bank account other than Your own which is associated with Your User Account;

11.2.6. Keep, store, use, withdraw or transaction with Digital Assets that are obtained through, or otherwise use the Platform for any illegal, unlawful or fraudulent activities including without limitation money laundering, gambling, child trafficking, child porn, drugs or narcotics, counterfeiting, or terrorist financing;

11.2.7. Trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;

11.2.8. Take any action that interferes with, intercepts, or expropriates any system, data, or information;

11.2.9. Partake in any transaction involving the proceeds of illegal activity;

11.2.10. Attempt to gain unauthorized access to other user accounts, or any related networks or systems;

11.2.11. Collect any user information from other users, including, without limitation, email addresses;

11.2.12. Participate in any unfair trade practice or market manipulation, including but not limited to all such acts like pump and dump schemes, the poop and scoop,  front-running or trading on any inside or non-public information acquired through sources or acts not permitted by securities law, wash trading, spoofing or layering etc.

11.2.13. Use multiple devices to access or log into Your User Account at a given point of time, i.e. You shall not access Your User Account through multiple devices simultaneously nor shall You ever use or try to gain access to any other third party User Account not belonging to You;

11.2.14. Duplicate, distribute, create derivative works of display or commercially exploit the Platform or any of its content, features or facilities, directly or indirectly, or the price of the Digital Assets shown on the Platform without Our prior written permission nor would You have access to the Platform in source-code form;

11.2.15. Without the prior written consent of EXOLO, modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interest in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties;

11.2.16. Defame, harass, or violate the privacy or intellectual property rights of EXOLO or any other user; or

11.2.17. upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

11.2.18. Host, display, upload, modify, publish, transmit, store, update or share any information that,— (i) belongs to another person and to which the user does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to children; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (ix) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

11.3. In addition, you agree not to: a) use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details; b) create or circulate any technologies which violate, or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details; c) misrepresent, misinform or misguide EXOLO in any manner; d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet.

11.4. EXOLO reserves the right to investigate and/or take appropriate action against You in Our sole discretion if You engage in prohibited or illegal activities or violate any other provision of this Agreement or otherwise create liability for Us or any other person or there is any reasonable suspicion or allegation or complaint from any legal / public / regulatory / statutory authority. Such action may include, in Our sole and absolute discretion, terminating Your User Account, reporting you to law enforcement authorities without providing any notice to You about any such report and confiscating any balance remaining in Your User Account which has been terminated.

11.5. Users are cautioned against undertaking any suspicious activity on or through the Platform. In the event of any suspicious or large transactions being undertaken by You, EXOLO shall have the right but not the obligation to verify such activity by sharing Your IP address, KYC details, and/or Your other information or details with the relevant authority, and if required, suspend the transactions or freeze your access.

12. LIMITATION OF LIABILITY

12.1. Notwithstanding anything to the contrary contained in this Agreement, the Parties unconditionally agree that in no event shall EXOLO or its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers be liable for lost revenue, receipts, profits, lost opportunity, loss of data or Digital Assets or any remote, proximate, special, incidental or consequential damages arising out of or in connection with the use of our Platform, Materials or this User Agreement.

12.2. Notwithstanding anything to the contrary contained in this Agreement, in no event shall EXOLO or its affiliates, and their respective officers, partners, directors, agents, employees, third parties and service providers including but not limited to Affiliates be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, indirect, general, special, punitive, exemplary, or consequential damages, including without limitation loss of goodwill or business profits, loss of fiat currency, loss or theft of Digital Assets or loss or theft of Digital Assets, work stoppage, data loss, computer failure or malfunction, or any other commercial or other losses arising out of or related to this User Agreement, the Privacy Policy, any service of EXOLO, the use of the Platform, sell or trading of Your Digital Assets by any other party authorized / not authorized by You (collectively, all of the foregoing items shall be referred to herein as “Losses”). EXOLO and its affiliates, and their respective officers, partners, directors, agents, employees, third parties and service providers including but not limited to Affiliates is hereby released by You and anyone claiming under your from liability for any and all Losses. The foregoing limitation of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if EXOLO has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies. Notwithstanding anything else in this User Agreement or any other document, in no event shall the combined aggregate liability of EXOLO for any Loss exceed [USD].

12.3. EXOLO shall not be liable, and the User shall assume any and all risks and liability, in connection with any force majeure event, including

12.3.1. Acts of God,

12.3.2. Labor disputes or other industrial disturbances, riots, civil commotions, epidemic, pandemic, national industry strikes, lockouts, sabotage, shortages in supplies, energy shortages, fire,

12.3.3. Blockages, embargoes, acts of terrorism or war, hostilities between nations,

12.3.4. Acts of nature such as floods, typhoons, storms, hurricanes, earthquakes, tsunamis,

12.3.5. Electrical, telecommunications, hardware, software or other utility failures, software or smart contract system bugs or weaknesses, technological change, changes to any blockchain-related protocol, information security attacks on service providers, loss of data due to power failure or mechanical difficulties with information storage or retrieval systems, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections,

12.3.6. Acts or orders of government or government authorities or agencies, actions of the government,

12.3.7. Change of laws, introduction of new laws,

12.3.8. Any actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, and fraud conducted by third parties, and such other similar events which are beyond reasonable control of EXOLO.

12.4. The User acknowledges that EXOLO may engage the services of third party service providers in connection with the operation of the Platform, and agrees that EXOLO shall not be liable to the User for any suspension, halt or interruption of the Platform and/or the failure to execute any transaction on the Platform where such circumstances arise or result from any interruptions, errors, default or otherwise by any third party service providers of its services in connection with the operation of the Platform.

13. FINANCIAL REGULATION AND ADVICE

13.1. We do not provide any investment advice or financial advice in connection with, or in relation to the trading of financial instruments and/ or Digital Assets. While We may provide information on the value, range, volatility of financial products and Digital Assets, and events that may affect/have affected the value of Digital Assets directly on the Platform or through other social media channels, this is not investment advice or financial advice and should not be construed or relied on as such. EXOLO will not be liable for any loss suffered by You in connection with any transaction involving EXOLO or the Platform.

13.2. You are solely responsible for any and all buy, sell, investment or trading orders placed through Your User Account, and all such orders entered by You are unsolicited and based on Your own research and decisions. You understand and acknowledge that You have not received and do not expect to receive any investment advice from Us or from any of our affiliates connection with Your buy, sell or trading orders. You further understand and acknowledge that under no circumstances will your use of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.

14. ASSIGNMENT

14.1. You acknowledge and agree that EXOLO can freely assign this User Agreement or any of its rights under this User Agreement to any person without Your consent.

14.2. You shall however, not be entitled to assign this User Agreement, in whole or in part, to another person (subject to the rights of inheritance of any legally entitled heirs of the User upon the User’s death) without the prior written approval of EXOLO which can be withheld or denied by EXOLO in its sole and absolute discretion.

15. ENTIRE AGREEMENT; WAIVER

This User Agreement contain the entire understanding of the parties in respect of their subject matter and supersede all prior agreements, representations, warranties, covenants and understandings (oral or written) between or among the parties with respect to such subject matter. This User Agreement are not intended to confer upon any person, other than the Parties hereto, any rights or remedies hereunder. No waiver hereunder can be granted, except as explicitly agreed in writing by the Parties. No failure to exercise and no delay in exercising, any right, power or privilege under this User Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege.

16. TERMINATION AND SUSPENSION

16.1. You may terminate this agreement with Us, at any time, following: (a) settlement of any pending transactions/ instructions, (b) your sale of any Digital Assets maintained on the DA Wallet. EXOLO shall not be liable for any loss incurred to you in case you fail to complete these actions prior to terminating your account.

16.2. You can choose to close down Your User Account by choosing the relevant option on the Platform or by writing to [[e-mail] ]

16.3. You agree that EXOLO may, by giving notice, in its sole discretion, restrict or terminate your access to the Platform; including without limitation, suspending or terminating, prohibiting access to Your User Account, Your DA Wallet, and/or the Platform and its content, services and tools, delaying or removing hosted content, and taking technical and legal actions to keep You off the Platform if We, in our sole discretion, reasonably perceive that You are creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of this User Agreement or applicable law. The obligation to provide notice as aforesaid shall not be applicable and notice shall not be given if so instructed by any law enforcement, judicial or government agency.

16.4. We may, in appropriate circumstances and at our sole discretion, initiate the above actions for any reason, including without limitation, and in addition to the reasons as mentioned elsewhere in the Terms:

16.4.1. Attempts to gain unauthorized access to the Platform or providing assistance to others’ attempting to do so;

16.4.2. Usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;

16.4.3. Violations of this User Agreement/Privacy Policy;

16.4.4. Failure to pay or fraudulent payment for transactions;

16.4.5. Unexpected operational difficulties; or

16.4.6. Upon the request of law enforcement or other government agencies.

16.5. EXOLO User may terminate Your User Account or Your DA Wallet or suspend your access to the Platform or any part thereof at any time and with immediate effect for any reason or no reason, in our sole discretion.

16.6. If you have a balance remaining in Your User Account / DA Wallet which has been suspended, we may freeze such balance for so long as the Account / Service is suspended. If the Account is terminated due to fraud, violation of law, or violation of this Agreement or other reasonable cause as determined by EXOLO User, we may, in our discretion, confiscate or freeze the balance remaining in Your User Account / DA Wallet and/or deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.

16.7. We may suspend, withdraw, discontinue or change all or any part of Service including Your User Account and/or DA Wallet, without notice. EXOLO User will not be liable to you including without limitation for any losses due to the unavailability of any Service / Platform or any part thereof at any time or for any period.

16.8. We have the right to disable your access to Your User Account or any part of it or suspend provisioning of the Platform or any part thereof, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement or applicable laws.

16.9. EXOLO may suspend the account, trading service, Your User Account, or any other service extended by it due to unforeseen situations, change of law, force majeure, maintenance or any other reason as it deems fit in its sole discretion and You acknowledge that Your access to the funds/Digital Assets/Your User Account/DA Wallet in case of such an instance may be limited or restricted or suspended, partially or fully. You accordingly understand and acknowledge that EXOLO shall have no liabilities or obligations arising from such events.

16.10. EXOLO shall, upon verification, block/suspend/close your access to the DA Wallet or any aspect of the Platform and/or terminate all facilities in relation thereto following the receipt of any information showing Your illegal, misleading, fraudulent, or suspicious activity or any activity by You which breaches this Agreement, and We shall not be liable for any inconvenience, damages or losses caused to the User in this regard.

16.11. We may also restrict, terminate or suspend the use of DA Wallet facility at any time without prior notice if We reasonably believe it is necessary for business or security reasons, or if required by applicable law.

16.12. Consequences of Termination: In addition to the other consequences set out above, upon termination of this Agreement or earlier determination, shall stand immediately terminated by EXOLO and the User shall not be entitled to access or avail the Platform. EXOLO shall continue to retain your information and data as per its Privacy Policy to ensure compliance with its legal obligations, and for audit and recording purposes.

17. INDEMNITY

17.1. You agree to indemnify and hold harmless EXOLO and its affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, proceedings or suits brought by third parties), in any way related to (a) your access to or use of the Platform; (b) your breach of any of the terms of this User Agreement or the Agreements; or (c) your breach of Applicable Laws; or (d) any claim by any third party; or (e) fraud, wilful default or gross negligence on part of the User.

17.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.

17.3. You agree and acknowledge that you are not permitted to share the details of your User Account with any third party other than in limited circumstances. You may share the User Account details with a limited number of duly authorized personnel within your organization (“Multiple Use”) for managing your profile. You acknowledge that this access is at your sole risk and it is your duty to immediately inform us of any actual or suspected misuse of the User Account. You are solely responsible to maintain the security of your User Account, we shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your User Account without liability to you.

17.4. You also acknowledge that any unauthorized use of your User Account may cause irreparable breach to us or the Platform and you agree to hold harmless EXOLO and its affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, proceedings or suits brought by third parties), in any way related to the Multiple Use of your User Account. You further agree that in case of the Multiple Use of your User Account or your failure to maintain the security of your User Account, we shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your User Account without liability to you.

18. NOTICE

18.1. If You have any questions relating to this User Agreement, Your rights and obligations arising from this User Agreement and/or Your use of the Platform and the Service, or any other matter, please contact our customer support at: [[e-mail] ]

18.2. Law enforcement, statutory or regulatory agencies / authorities should contact our Compliance Officer at [[e-mail] ]

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1. This Agreement and its performance shall be governed by and construed in all respects in accordance with the Laws of the Commonwealth of Dominica.

19.2. In the event of a dispute or difference relating to or arising out of any of the matters set out in this Agreement, including in relation to the validity, interpretation, implementation or alleged breach of any provision of this Agreement or the termination of this Agreement (“Dispute”), the Parties shall discuss in good faith to resolve the Dispute. In case the Dispute is not amicably settled within 30 days from the date of first intimation of a Dispute by any of the Parties, it shall be referred to arbitration in accordance with Clause 19.3 below.

19.3. All Disputes that have not been satisfactorily resolved under Clause 19.2 above shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Dubai International Arbitration Centre 2022 (“DIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause.

19.3. All Disputes that have not been satisfactorily resolved under Clause 19.2 above shall be referred
to and finally resolved by arbitration in accordance with the Arbitration Rules of the Dubai
International Arbitration Centre 2022 (“DIAC Rules”) for the time being in force, which rules are
deemed to be incorporated by reference in this Clause.

19.4. The tribunal shall consist of 3 (three) arbitrators. The Company shall nominate (1) one arbitrator
and the User shall appoint one (1) arbitrator. The 2 (two) arbitrators jointly nominated by the Parties
shall within 30 (thirty) days of the appointment of the second (2nd) arbitrator agree upon a 3rd
(third) arbitrator who shall act as presiding arbitrator of the tribunal. If no agreement is reached
within 30 (thirty) days, the Chairman of DIAC shall nominate and appoint a 3rd (third) arbitrator to
act as presiding arbitrator of the tribunal. The seat of the arbitration shall be Dubai, the United
Arab Emirates

19.5. The language of the arbitration shall be English.

19.6. The award of the arbitrator(s) shall be final and conclusive and binding upon the Parties and
non-appealable to the extent permitted by Applicable Law and the UNCITRAL Convention on the
Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

19.7. Pending the resolution of any Dispute that is referred to arbitration, except for the matters
under dispute, the Parties may continue to exercise their respective rights and shall fulfil their
respective obligations under this Agreement.

19.8. The fees and expenses of the arbitrator and incidental costs such as venue booking,
administrative expenses etc. shall be shared equally by the Parties unless the award provides
otherwise. Any other costs and expenses shall be borne by the respective Parties.

19.9. The arbitrator(s) will not have power to alter, amend, or add to the provisions of the Agreement.
The award shall be in writing and shall be a reasoned award.

19.10. Nothing shall preclude a Party from seeking interim equitable or injunctive relief, or both, or
specific performance from any Governmental Authority or court having jurisdiction to grant same.
The pursuit of equitable or injunctive relief shall not be a waiver of the rights of the Parties to
pursue any remedy through arbitration under this Agreement.

20. FURTHER ASSURANCES

The User shall execute and deliver such additional instruments and other documents and shall take such further actions as may be necessary or appropriate to effectuate, carry out and comply with all of the terms of this User Agreement and applicable law.

21. SEVERABILITY

If any word, phrase, sentence, clause or provision of this User Agreement as applied to a party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause or provision of this User Agreement. If any provision of this User Agreement, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced.

22. CUMULATIVE REMEDIES

Our rights and remedies provided by this User Agreement are cumulative and the use of any one right or remedy shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights We may have under applicable laws.