In these Terms, unless the context requires otherwise, the terms shall have the following meaning:

“Affiliate” means a person Controlling, Controlled by, or under the same Control with PointPay.
“App” has the meaning provided in the preamble of these Terms and includes both of PointPay Android and PointPay iOS mobile applications as may be from time to time provided by PointPay to access the Exchange and certain other related services.
“Communications” means any letters, notices, messages, demands, requests, or other communications which may be required, permitted, or contemplated hereunder.
“Control” means directly and/or indirectly holding a majority of the voting rights in another company or directly or indirectly exercising a dominant influence on another company, as prescribed in Article 5 of the Republic of Lithuania Law on Companies as of 13 July 2000 No VIII-1835.
“Credentials” means pieces or sets of data that can be used to log in, access, and manage your User Account, including your username, password, two-factor authentication codes, etc.
“Deposit” means a transaction whereby a User transfers Funds to the balance of their User Account.
“Digital Assets” means cryptocurrencies and other cryptographic tokens, such as, for example, USD Tether (USDT), USD Coin (USDC), Bitcoin (BTC), Ether (ETH), etc.
“Digital Wallet” means a pair of public and private cryptographic keys that can be used to track ownership of, receive or spend Digital Assets on a blockchain network. A Digital Wallet usually has a public address associated with it.
“Dispute” means any dispute, controversy, claim, suit, action, cause of action, demand, and/or proceeding.
“Exchange” means certain services as may be from time to time provided by PointPay or designated Affiliates or third persons via the Website and App allowing the Users to transact with other Users in Digital Assets or Fiat Currencies and to stake particular Digital Assets.
“Fees” means certain fees charged by us for certain transactions within the Exchange or the use of the Services, including those outlined in the Fee’s Schedule or these Terms.
“Fee’s Schedule” means the PointPay Fee’s Schedule, as may be updated from time to time, which is incorporated herein by reference.
“Fiat Currency” means the government-issued currency that is designated as legal tender through government decree, regulation, or the law, such as, for example, Euro or U.S. dollar.
“Force Majeure Circumstances” includes, without limitation, (i) fire, flood, hostility, pandemic, act of God, explosion, strike; (ii) war, undeclared war, civil war, revolution, riot, act of terrorism, military actions, intervensions, and operations; (iii) epidemic, pandemic, insurrection, labour dispute, accident; (iv) sanctions, government actions, embargoes; (v) injunctions, cease and desist orders, restraining or similar orders of, or prohibitions established by a court, governmental or other authorities; (vi) weaknesses, vulnerabilities and bugs in the software, blockchain networks, smart-contracts, other technologies used in connection with the Services, 51% attacks or similar attacks on Digital Assets’ underlying blockchain networks; (vii) actions, failures to act or inactions of Third-Party Service providers or other third parties, including fraud, loss or theft of funds by such third parties; (viii) system interference and/or destruction by any malicious programs; (ix) power failure, equipment or software malfunction or error; (x) other circumstances beyond our control interfering the performance hereof.
“Intellectual Property Rights” means all and any intellectual property rights in and to any objects, items, works, or materials, inter alia, copyright and related rights, rights to inventions, designs, patents, know-how and confidential information, trademarks, URLs, domain names, design elements, names and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration, and any other rights of a similar nature or having an equivalent effect anywhere in the world which currently exist or are recognised in the future; and all applications, extensions and renewals in relation to any such rights.
“KYC Checks” means identification, due diligence, and know-your-client checks, as well as other anti-money laundering and combating the financing of terrorism procedures as may be established by us from time to time.
“LCIA” means the London Court of International Arbitration.
“Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, non-sublicensable licence (right) to access and use the Services for their intended purposes in accordance with these Terms.
“Open-Source Licences” means licences which comply with the open source definition provided by the Open Source Initiative or free software definition provided by the Free Software Foundation, or any other licence which, as a condition of use, development, or redistribution, requires that the respective software, any modifications to that software and/or any other software with which it is combined or distributed be disclosed or distributed publicly in source code form.
“Order” means a User’s instruction to buy or sell Funds provided via the Exchange on the terms and conditions outlined in the respective instruction. Orders are placed by Users using the trading interface of the Exchange or other means made available by PointPay, if any.
“Privacy Notice” means the PointPay Privacy Notice, as may be updated from time to time.
“Prohibited Jurisdiction” means any of the following jurisdictions: Democratic People’s Republic of Korea, Islamic Republic of Iran, Syrian Arab Republic, South Sudan, United Arab Emirates, United States of America (including its territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands), the Republic of Cuba, the Crimea Region of Ukraine, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, or Sevastopol, and any jurisdiction in which the use of the Services is prohibited by applicable laws or regulations.
“Prohibited Person” means any citizen or resident of, or person subject to jurisdiction of, any Prohibited Jurisdiction, or person subject to any sanctions administered or enforced by any country, government or international authority, including the EU, OFAC, United Nations Security Council, but not limited to the above.
“Purchaser” means a certain User who submits an Order to buy the Funds via the Exchange.
“Risk Disclosure Statement” means the PointPay Risk Disclosure Statement, as may be updated from time to time. The Risk Disclosure Statement is incorporated herein by reference.
“Seller” means a certain User who submits an Order to sell the Funds via the Exchange.
“Services” has the meaning provided in the preamble of these Terms. It is expressly acknowledged that the Services do not include the Third-Party Content, Third-Party Services, and Digital Assets.
“Storage Fee” means the Fee charged by PointPay to cover the cost of maintaining the Funds by us, Affiliates, or any third-party, in cases outlined in these Terms.
“Storage Mechanisms” means any accounts with banks or financial institutions, Digital Wallets, vaults, or other storage mechanisms you use to receive, hold, manage, or dispose of the Funds outside of the Exchange.
“Terms” means these Terms of Service, together with all agreements and documents incorporated herein by reference, as may be amended from time to time.
“Third-Party Content” means any content, information, materials, and items provided by third parties or produced from third-party sources, including (i) the description of, links to or elements of the Third-Party Services, (ii) promotional materials and advertisements, other third-party materials and data, (iii) third-party websites and resources, and links thereto, and (iv) any information produced or derived from third-party sources, including blockchain transactions and data pertaining to any Digital Assets, not limited to the above.
“Third-Party Costs” means any costs, fees, or expenses that are charged by third parties, including, for example, the fees imposed by the applicable blockchain network, gas costs, fees related to the Third-Party Services, such as bank fees and commissions, etc.
“Third-Party Services” means any software, services, items, and solutions that are not provided by PointPay, such as, for example, Digital Assets, Digital Wallets, software or hardware wallets, analytic tools, blockchain smart-contracts, payment gateways, payment systems, payment service providers, bank services, bank cards, etc.
“PointPay”, “we”, “us”, “our” has the meaning provided in the preamble of these Terms.
“PointPay Information” means the price quotations, market information, news, and research data accessible through the Website or App.
“PointPay Parties” means PointPay, Affiliates, their respective shareholders, directors, officers, employees, agents, advisors, contractors, successors, and assignees.
“User” means a person that has registered for a User Account.
“User Account” means an account with the Exchange registered by a User.
“User-Generated Content” means any information, materials, feedback, suggestions, or content posted, created, or furnished by the Users, including through or in relation to the Exchange.
“Website” has the meaning provided in the preamble of these Terms.
“Withdrawal” means a transaction whereby a User transfers certain Funds from their User Account outside the Exchange, for example to a Storage Mechanism.
“you”, “your” means the person who accepts these Terms, as described in the preamble of these Terms; if you are acting on behalf of an entity, “your”, “you” shall refer to both you as an individual using the Services, and the entity on whose behalf you are acting.

Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; words in the singular shall include the plural and in the plural shall include the singular; any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; Section headings do not affect the interpretation of these Terms. Section and clause headings are provided for convenience purposes only and shall not influence the interpretation. You hereby agree that a rule of construction does not apply to the disadvantage of PointPay because it was responsible for the preparation of these Terms.

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